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. Top of Page
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