Sec. 08.04.07.01. Report of Boating Accidents

A. If a person dies or disappears from a vessel as a result of an occurrence that involves a vessel or its equipment on the waters of the State, the operator without delay, shall notify the Department by the quickest means available of the following facts:

(1) The date, time, and exact location of the occurrence;

(2) The name of each person who died or disappeared;

(3) The number and name of the vessel; and

(4) The names and addresses of the owner and operator.

B. If the operator cannot give the notice required by § A, above, each person on board shall notify the Department or shall determine that notice has been given.

C. The operator shall submit a written report if any one or more of the following occurs on board, or involving any vessel, except a vessel required required to have a certificate of inspection under Chapter 1 of Title 46, Code of Federal Regulations.

(1) The death of any person from whatever cause;

(2) The disappearance of any person from on board under circumstances which suggest any possibility of his death or injury;

(3) The injury of any person sufficient to require medical attention or if a person loses consciousness or is disabled for more than 24 hours; and

(4) The loss or damage to property of any kind, including one or more vessels, in an amount of $200 or more.

D. If the operator of the vessel cannot submit the written report, the owner shall submit it. If the owner cannot submit the written report, then each person on board at the time of the accident or casualty shall submit a written report to the Department or determine that a written report has been made.

E. If death is the result from a boating accident or if a person loses consciousness or is disabled for more than 24 hours, the written report shall be submitted to the Department within 48 hours. For every other reportable boating accident, a written report shall be submitted within 5 days.

F. The written report shall be dated upon completion, signed by the person who prepared it, and contain, if available, at least the following information about the casualty or accident:

(1) The numbers and names of each vessel involved;

(2) The name and address of each owner of each vessel involved;

(3) The name of the nearest city or town, the county, the state, and the body of water;

(4) The time and date the casualty or accident occurred;

(5) The location on the water;

(6) The visibility, weather, and water conditions;

(7) The estimated air and water temperatures;

(8) The name, address, age or date of birth, telephone number, vessel operating experience, and boating safety training of the operator making the report;

(9) The name and address of each operator of each vessel involved;

(10) The number of persons on board or towed on skis by each vessel;

(11) The name, address, and date of birth of each person injured or killed;

(12) The cause of each death;

(13) Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel;

(14) The name and address of each owner of property involved;

(15) The availability and use of personal flotation devices;

(16) The type and amount of each fire extinguisher used;

(17) The nature and extent of each injury;

(18) A description of all property damage and vessel damage with an estimate of the cost of all repairs;

(19) A description of each equipment failure that caused or contributed to the cause of the casualty;

(20) A description of the vessel casualty or accident;

(21) The type of vessel operation (Cruising, drifting, fishing, hunting, skiing, racing, or other), and the type of accident (capsizing, sinking, fire, explosion, or other);

(22) The opinion of the person making the report as to the cause of the casualty;

(23) The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horsepower, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), and year built (model year) of the reporting operator's vessel;

(24) The name, address, and telephone number of each witness;

(25) The manufacturer's hull identification number, if any, of the reporting operator's vessel;

(26) The name, address, and telephone number of the person submitting the report.