Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 47
Leaving the scene of an accident without reporting
Navigation (NAV) CHAPTER 37, ARTICLE 4, PART 1
§ 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.