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Duty of driver on occurrence of an accident.
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173.—(1) Where any person is injured or any property is damaged in a public place and a vehicle is involved in the occurrence of such injury or damage (whether the driving or management of such vehicle was or was not the cause of such injury or damage) the following provisions shall have effect, that is to say:—
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(a) if such vehicle is not stationary after such occurrence, it shall be the duty of the driver of such vehicle to stop such vehicle;
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(b) it shall be the duty of the driver or other person in charge of such vehicle to keep such vehicle at or near the place of such occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;
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(c) it shall be the duty of the driver of such vehicle or, if he is killed or incapacitated, of the person then having charge of such vehicle to given on demand the appropriate information to a member of the Gárda Síochána or, if no such member is present, to one person entitled under this section to demand such information;
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(d) if neither a member of the Gárda Síochána nor any person entitled to demand the appropriate information is present at such occurrence, it shall be the duty of the driver of such vehicle or, if he is killed or incapacitated, of the person then having charge of such vehicle to report such occurrence as soon as possible to a member of the Gárda Síochána and, if necessary, to go for that purpose to the nearest convenient Gárda Síochána station and also to give on demand the appropriate information to such member.
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(2) Every person who does any act (whether of commission or omission) which is a breach of a duty imposed on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds, or in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds.
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(3) In this section—
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the word “injury” includes an injury causing death and cognate words shall be construed accordingly;
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the word “damage” includes destruction whether total or partial and cognate words shall be construed accordingly;
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the expression “appropriate information” means the name and address of the person required by this section to give such information and the name and address of the owner of the vehicle of which such person is the driver or is in charge and where such vehicle is registered under this or any other Act, the registration number of such vehicle, and, where such vehicle is insured or guaranteed in pursuance of this Act, the particulars of such insurance or guarantee.
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(4) The persons entitled under this section to demand the appropriate information are—
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(a) in the case of injury to a person, such person or, where such person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant, or otherwise;
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(b) in the case of injury to property, the owner of such property or, where such owner is killed or injured or is not present, any one person having charge of such property;
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(c) where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information.
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