NYS Navigation Law
Navigation Law
New York State Consolidated Laws
NYS Navigation Law - Vessels
LEAVING THE SCENE OF AN ACCIDENT WITHOUT REPORTING
Section |
Description |
47 |
Leaving the scene of an accident without reporting. |
47-A |
Accidents; police authorities, bay constables and coroners to report. |
47-B |
Report to the commissioner required upon accident. |
S 47. Leaving the scene of an accident without reporting. 1. (a)
Whenever any vessel, including, but not limited to, rowboats, canoes and
kayaks, meets with an accident involving damage to any vessel or to the
real property or to the personal property, not including animals, of
another due to an accident involving such vessel and the operator
thereof has knowledge of such accident, such operator shall, before
leaving the place where the damage occurred, stop and give his or her
name and address, the name and address of the owner thereof and the
identification number, if any, assigned to such vessel to the person
sustaining the damage. In the event the person sustaining the damage
cannot be located at the place where the damage occurred, then the
operator of such vessel shall report the same as soon as physically able
to the nearest police officer, police station, bay constable or judicial
officer.
(b) A violation of the provisions of paragraph (a) of this subdivision
shall constitute a violation punishable as set forth in section
seventy-three-c of this article.
2. (a) Every operator of a vessel, including, but not limited to,
rowboats, canoes and kayaks, who, knowing or having cause to know that
personal injury has been caused to another person, or another person has
disappeared under the water, due to an accident involving such vessel
shall, before leaving the place where the said incident involving
personal injury occurred, stop, give such operator's name and address,
the name and address of the owner of such vessel and the identification
number, if any, assigned to such vessel to the injured party, if
practical, and shall report said accident as soon as physically able to
the nearest police officer, police station, bay constable or judicial
officer.
(b) The first violation of the provisions of paragraph (a) of this
subdivision involving personal injury to another person resulting solely
from the failure of a vessel operator to provide the name and address of
the vessel owner and/or the identification number of the vessel shall
constitute a class B misdemeanor punishable by a fine of not less than
two hundred fifty nor more than five hundred dollars in addition to any
other penalties provided by law. Any subsequent such violation after a
conviction for such violation within the preceding five years shall
constitute a class A misdemeanor punishable by a fine of not less than
five hundred nor more than one thousand dollars in addition to any other
penalties provided by law. Any violation of the provisions of paragraph
(a) of this subdivision, other than the mere failure of a vessel
operator to provide the name and address of the vessel owner and/or the
identification number of the vessel, shall constitute a class A
misdemeanor, punishable by a fine of not less than five hundred nor more
than one thousand dollars in addition to any other penalties provided by
law. Any such violation committed by a person after such person has
previously been convicted of such a violation shall constitute a class E
felony, punishable by a fine of not less than one thousand nor more than
two thousand five hundred dollars in addition to any other penalties
provided by law. Any violation of the provisions of paragraph (a) of
this subdivision, other than the mere failure of a vessel operator to
provide the name and address of the vessel owner and/or the
identification number of the vessel where the personal injury involved
(i) results in serious physical injury, as defined in section 10.00 of
the penal law, or where a person has disappeared under the water as the
result of the incident shall constitute a class E felony or (ii) results
in death shall constitute a class D felony.
3. The provisions of this section shall not apply to commercial
vessels having a valid marine document issued by the United States or a
foreign government.
S 47-a. Accidents; police authorities, bay constables and coroners to
report. 1. Every police officer, bay constable or judicial officer
receiving information of an accident involving a vessel, including, but
not limited to, rowboats and canoes, in which any person is killed,
injured or disappears under the water shall immediately investigate the
facts, or cause the same to be investigated, make a written memorandum
of the information received, and such additional facts relating to the
accident as may come to his or her knowledge, and mail the same within
five days to the commissioner and keep a record thereof in his or her
office, provided, however, that the report of the accident is made to
the police officer, bay constable or judicial officer within five days
after such accident. Every coroner, or other official performing like
functions, shall likewise make a report to the commissioner with respect
to all deaths found to have been the result of vessel accidents.
2. Every police officer, bay constable or judicial officer receiving
information of an accident involving a vessel, including, but not
limited to, rowboats and canoes, in which damage in excess of one
thousand dollars to the property of any person is sustained shall make a
written memorandum of the information received, and such additional
facts relating to the accident as may come to his or her knowledge, and
mail the same within five days to the commissioner and keep a record
thereof in his or her office.
3. In accordance with any request duly made by an authorized official
or agency of the United States, any information compiled by or otherwise
available to the commissioner pursuant to this section shall be
transmitted to such official or agency of the United States.
S 47-b. Report to the commissioner required upon accident. Every
person operating a vessel, including, but not limited to, rowboats and
canoes, upon the navigable waters of the state, or on any other waters
within the boundaries of the state, which is in any manner involved in
an accident, in which any person is killed, injured or disappears under
the water, or in which damage to the property of any one person,
including himself or herself, in excess of one thousand dollars is
sustained shall, within five days after such accident, report the matter
in writing to the commissioner. If the owner is not involved in such
accident or is incapacitated, the owner shall, within five days after
learning of the facts of such accident, report the matter to the
commissioner together with such information as may have come to the
owner's knowledge relating to such accident. Every such operator of a
vessel, or surviving participant in any such accident, or the owner of
the vessel involved in any such accident, shall make such other and
additional reports as the commissioner may require. A violation of this
section shall constitute a violation punishable by a fine of not less
than twenty-five nor more than one hundred dollars. Nothing contained in
this section shall be deemed to supersede the provisions of section
forty-seven of this article.
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