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Answered in 1 hour by:
5/25/2014
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedHello and thank you for your question.
The relevant section which the police may be considering charging your son is S.56(4):
http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/wa/consol_act/rta1974111/s56.html
As you will note it is a defence to this section under s.56(6)if ".. the accused had reasonable cause for believing that the total value of the damage did not exceed the amount prescribed..; and that the owner.. of any property damaged was present, or represented at the place where and at the time when.. the incident occurred."
The prescribed amount is $3000.
http://www.austlii.edu.au/au/legis/wa/consol_reg/rtr2008355/s5.html
So if the only property damage was to the car, which itself was worth no more than $3000, then the law does not require your son to report the accident.
However, if other property was damaged, such as council property, including a pole or tree, or some private person's fence, then technically the accident should have been reported unless the owner of such property was present or represented at or immediately after the accident.
I trust this assists your understanding.
Please rate my answer.
Patrick
The relevant section which the police may be considering charging your son is S.56(4):
http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/wa/consol_act/rta1974111/s56.html
As you will note it is a defence to this section under s.56(6)if ".. the accused had reasonable cause for believing that the total value of the damage did not exceed the amount prescribed..; and that the owner.. of any property damaged was present, or represented at the place where and at the time when.. the incident occurred."
The prescribed amount is $3000.
http://www.austlii.edu.au/au/legis/wa/consol_reg/rtr2008355/s5.html
So if the only property damage was to the car, which itself was worth no more than $3000, then the law does not require your son to report the accident.
However, if other property was damaged, such as council property, including a pole or tree, or some private person's fence, then technically the accident should have been reported unless the owner of such property was present or represented at or immediately after the accident.
I trust this assists your understanding.
Please rate my answer.
Patrick
I am aware of no other law which would be relevant to your son's circumstances as described.
I suspect the issue with the police is simply that they don't believe or are suspicious of your son's claim the car was worth only $3,000.
I suggest you simply refer the police to the relevant sections show them documentation relating to your son's purchase to show it was worth no more than $3000 and ask them to indicate to you what offence do they believe he has committed. If they persist in pestering your son, then I suggest you make a complaint:
http://www.police.wa.gov.au/Aboutus/Commendationscomplaints/Complaintsadministration/tabid/1294/Default.aspx
I trust the above assists.
Please rate my answer.
Patrick
I suspect the issue with the police is simply that they don't believe or are suspicious of your son's claim the car was worth only $3,000.
I suggest you simply refer the police to the relevant sections show them documentation relating to your son's purchase to show it was worth no more than $3000 and ask them to indicate to you what offence do they believe he has committed. If they persist in pestering your son, then I suggest you make a complaint:
http://www.police.wa.gov.au/Aboutus/Commendationscomplaints/Complaintsadministration/tabid/1294/Default.aspx
I trust the above assists.
Please rate my answer.
Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
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