Chapter 2 of 13 · Road traffic · 4 of 12
Failing to stop and hit and run in Ireland: section 106, the duties after a collision and the penalties
Checked 15 Oct 2026the Road Traffic Acts, the Criminal Justice Acts and the District Court Rules as amended.
After a collision the driver must stop, remain, give details and report to the Garda. Failing to do so is an offence under section 106 of the Road Traffic Act 1961, heavier where there is injury.
Written for the person who has to go to court. This guide covers the District Court of the Republic of Ireland.
"Hit and run" is not a phrase the Road Traffic Acts use. What the law has instead is a set of duties that fall on every driver involved in a collision, in section 106 of the Road Traffic Act 1961, and an offence for each duty not performed. The duties are to stop, to remain, to give your details, and to report. A driver who drove away has usually failed in all four.
This guide explains the duties, the summary and indictable versions of the offence, what the District Court can do, and what to do now if you drove off and have not yet reported it.
The duties after a collision
Section 106 of the 1961 Act applies where injury is caused to a person or to property in a public place by a vehicle. The driver must:
- Stop the vehicle.
- Remain at the place for a period reasonable in the circumstances.
- Give, on demand, their name and address, the vehicle's registration and the owner's name and address, to a garda, or to the injured person or the owner of the damaged property, or to a person acting for them.
- Report the collision at a Garda station as soon as possible, where no garda was present and the details were not given at the scene.
The duties apply whether or not the collision was your fault. A driver who was blameless and drove on because the other car "only had a scratch" has committed the offence. The section is about what happens after, not who caused it.
A collision with an animal, a wall or a parked car counts: "injury to property" covers them all. A minor touch in a car park that leaves no mark is a question of fact for the court, but the safer course is always to stop and leave a note with your details, and to report if the owner cannot be found.
The summary offence
Where nobody was injured, failing to stop, remain, give details or report is tried in the District Court. On conviction the court can impose a fine, taking your means into account under the Fines Act 2010, and imprisonment within the District Court's limit of twelve months on a single charge; the maximum the section fixes for the no-injury case could not be verified for this guide against the current text of the Acts, so it is not stated here. The court can also disqualify you, and leaving the scene is one of the matters it takes most seriously in deciding whether to.
A conviction is a criminal record. The guide to what the District Court can do sets out every option from a Probation Act dismissal to imprisonment, and the one to a driving disqualification explains how a disqualification runs.
The indictable offence
Where injury was caused to a person, the 2014 amendments to section 106 made the offence triable on indictment, with far heavier penalties where the driver knew or ought to have known that injury had been caused and left anyway, and heavier still where the injury was death or serious harm. Those cases go to the Circuit Court; the District Court's role is the first appearance, bail and sending the case forward. They are outside this site's scope beyond that first date, and anyone charged with the indictable version should have a solicitor from the start. The legal aid test of gravity is met on the charge alone.
The other charges that come with it
A driver charged under section 106 is often charged with the driving that caused the collision as well. Careless driving under section 52 and dangerous driving under section 53 are explained in the guide to dangerous driving and careless driving. Where the Garda suspects that drink or drugs were the reason for leaving, a driver traced later can be arrested and tested, and since the Road Traffic Act 2024 a roadside test is mandatory after a serious collision for the drivers present; the guide to drink driving limits covers the limits and the mandatory disqualification.
Driving without insurance is the other frequent companion, because it is a common reason people leave. It is court only, with five points or a disqualification of at least two years; see the guide to driving without insurance.
What to do now if you drove off
People find this page an hour, a day or a week after a collision they left. The law's answer is the same in each case: report it.
Section 106 requires a report "as soon as possible". A report made the next morning is late, and the court can be told it was late; a report never made is the offence in full, and a driver traced by CCTV, a witness or a dashcam is in a worse position on every count. The report is made at any Garda station, in person, with the registration, the time, the place and what happened. Ask for the name of the garda who takes it. You may be cautioned and asked to make a statement; you are not obliged to say anything beyond the details the section requires you to give, and you can ask for a solicitor before you say more. The guide to a charge sheet and station bail explains the caution and the station.
Tell your insurer too. Most policies require notification of any collision within a short period, and an insurer that learns of one from a third party's claim can decline to cover it.
Then take advice. What the court weighs on a section 106 charge is why the driver left, how soon they came forward, whether anyone was hurt, and what they have done about the damage since. A voluntary report and an early guilty plea are the facts a plea in mitigation is built on, and they cannot be manufactured later.
At court
A section 106 summons, or a charge sheet after an arrest, names the court and the date; the court finder gives the office. On the first appearance the charge is read, you plead or ask for time to get advice, and you can ask the judge for legal aid with a statement of means; a charge that carries custody and a disqualification meets the gravity test. On a plea of guilty the judge may deal with the case that day or adjourn for a probation report; on a plea of not guilty a hearing date is fixed and you can ask for the prosecution's statements under a Gary Doyle order. The guide to what happens in the District Court walks through the day.
A conviction can be appealed to the Circuit Court within 14 days by Form 101.2, as a full rehearing at which the sentence can go down or up. A disqualification not appealed takes effect from the fifteenth day; lodging the appeal and entering the recognisance stays it. The guide to appealing a District Court decision explains the route and the 2025 outcomes, in which 12,448 offences were appealed and 6,566 of them were road traffic.
The record and the civil claim
A conviction under section 106 is a criminal conviction. A District Court conviction with a fine, community service, a suspended sentence or custody of twelve months or less becomes spent seven years after the effective date under the 2016 Act, and minor District Court motoring convictions do not count towards the one-conviction limit; the guide to spent convictions explains the rules. A disqualification stays on the licence record, and insurers ask about both.
The other party's claim for the damage or the injury is a civil matter and runs separately, through the insurers or, where it is contested, the civil courts. Where the driver cannot be traced the Motor Insurers' Bureau of Ireland deals with the injured party's claim and can pursue the driver when found.
Where this leaves you
If you have a court date, put it into the court date tool: it counts the days to the hearing and shows the 14-day appeal window after any conviction. If you have not yet reported the collision, the Garda station comes before anything on this site.
If you may qualify for legal aid, ask the judge for it at your first appearance; the legal aid page explains the means and gravity tests. A solicitor can tell you which of the four duties the prosecution says you failed in, whether the facts support a defence, and what a plea in mitigation on a late report should say.
Frequently asked questions
What is the penalty for a hit and run in Ireland?
Failing to stop, remain or report after a collision is an offence under section 106 of the Road Traffic Act 1961. Where there was no injury it is tried in the District Court, which can fine you, imprison you within its limits and disqualify you. Where there was injury it can be prosecuted on indictment with far heavier penalties.
Do I have to report a minor accident to the Garda in Ireland?
If a garda is present you give your details there. If not, and you have not exchanged details with the other party, section 106 requires you to report the collision at a Garda station as soon as possible. Where there is injury the duty to report applies regardless.
I hit a parked car and drove off. What should I do now?
Report it at a Garda station as soon as you can, with the registration, the time and the place. Reporting late is better in law and in fact than not reporting: the section requires a report as soon as possible, and a court weighs a voluntary report heavily against a driver traced by CCTV.
Is a hit and run a criminal offence in Ireland?
Yes. A conviction under section 106 is a criminal conviction and goes on your record. A District Court conviction with a fine or a sentence of twelve months or less can become spent after seven years under the 2016 Act; a conviction on indictment for the injury version is a Circuit Court matter.
What is the difference between failing to stop and hit and run?
They are the same section. 'Hit and run' is the ordinary name for a driver who leaves the scene of a collision; the Act describes it as failing to stop, failing to remain, failing to give details and failing to report, each a separate duty under section 106, and a driver can be charged with any of them.