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Application
The driver of a vehicle either directly or indirectly involved in a collision is subject to certain requirements under the Traffic Safety Act.
Requirements
If an accident occurs on a highway, the driver of any vehicle that was directly or indirectly involved in the accident must:
- Remain at the scene of the accident or, if the person has left the scene of the accident, immediately return to the scene of the accident unless otherwise directed by a peace officer;
- Render all reasonable assistance; and
- Produce in writing to anyone sustaining loss or injury, to any
peace officer, and to any witness all or such of the following
information as is requested:
- That person’s name and address;
- The number of that person’s operator’s licence;
- The name and address of the registered owner of the vehicle;
- The licence plate number of the vehicle; and
- A financial responsibility card issued in respect of that vehicle.
The driver of a vehicle that:
- Is involved in an accident with an unattended vehicle must stop at the scene of the accident and must immediately or as soon after the accident as is practicable locate and notify the owner or person in charge of the unattended vehicle of the name and address of the driver, the number of the driver’s operator’s licence, and the licence plate number of the vehicle that was involved in the accident with the unattended vehicle. The driver may leave in a conspicuous place in or on the unattended vehicle a written notice giving the name and address of the driver, the number of the driver’s operator’s licence, and the licence plate number of the vehicle that was involved in the accident with the unattended vehicle; or
- Is involved in an accident resulting in damage to property on or adjacent to a highway must immediately or as soon after the accident as is practicable take reasonable steps to locate and notify the owner or person in charge of the property of the fact and of the name and address of the driver, the number of the driver’s operator’s licence, and the licence plate number of the vehicle.
If the driver of a vehicle is incapable of providing the information required and there is another occupant of the vehicle capable of providing the information, the occupant must provide the information required to be provided by the driver.
If the information has not been provided and the driver or occupant of the vehicle is not the owner of the vehicle, the owner must, upon determining that his/her vehicle has been involved in an accident, provide the information required above.
If the driver of a vehicle is alone at the time of an accident, is the owner of the vehicle, and is incapable of providing the information required above, that person must provide the information as soon as possible after becoming capable of doing so.
When a vehicle that has been involved in an accident is damaged to the extent that it cannot be moved under its own power, the registered owner or the driver of the vehicle must, after complying with the requirements above, immediately make arrangements for the motor vehicle to be removed from the highway. However, if the registered owner or the driver of the vehicle fails to make or is incapable of making arrangements to move the vehicle, a peace officer may make the arrangements to move the vehicle on the owner’s or driver’s behalf.
Accident reports
A driver of a vehicle involved in an accident must provide a report of the accident to a peace officer having jurisdiction where the accident occurred. If the driver is incapable of making the report and there is another occupant of the vehicle capable of making the report, the occupant must make the report required to be made by the driver. If a report has not been made and the driver or occupant is not the owner of the vehicle, the owner must make the report immediately after learning of the accident. If the driver is alone, is the owner of the vehicle, and is incapable of making the report, the driver must make the report forthwith after becoming capable of making it.
A person is exempted from making a report as required above if as a result of the accident, no one is injured or dies, or the apparent cost to repair property damage is less than $1,000.
Accident reviews
Alberta Infrastructure and Transportation will, at a carrier’s request, evaluate collisions that the carrier believes were “non-preventable.” It is the carrier’s responsibility to request the review. Carriers wishing to have an accident reviewed must submit very specific details about the accident including but not limited to a collision report completed by a law enforcement agency, signed witness (driver) statements, internal company collision investigation report, a letter from the insuring company or department identifying any determinations made, road conditions, road/intersection type, weather conditions, photos of the scene and/or vehicle(s) involved, vehicle information, and accident scene map.
Carriers may request an accident review within 12 months of the collision date. The carrier can request a review before the accident appears on the profile. Accidents that are found to be “non-preventable” will not be counted against a carrier’s profile and will appear as a non-preventable accident on the profile.
A fee may be required for the evaluation. Contact Alberta Infrastructure and Transportation for more information.
Law
Traffic Safety Act, Sections 69 and 71
Regulation
Operator Licensing and Vehicle Control Regulation, 320/2002, Section 147