462A.7 - OCCURRENCES INVOLVING VESSELS.
462A.7 OCCURRENCES INVOLVING VESSELS. 1. The operator of a vessel involved in an occurrence that results in personal property damage or the injury or death of a person, shall, so far as possible without serious danger to the operator's own vessel, crew, or passengers, render to other persons affected by the occurrence such assistance as may be practicable and necessary to save them from or minimize any danger caused by the occurrence. The operator shall also give the operator's name, address, and identification of the operator's vessel in writing to any person injured and to the owner of any property damaged in the occurrence. 2. Whenever any vessel is involved in an occurrence that results in personal property damage or the injury or death of a person, except one which results only in property damage not exceeding two thousand dollars, a report of the occurrence shall be filed with the commission. The report shall be filed by the operator of the vessel and shall contain such information as the commission may, by rule, require. The report shall be submitted within forty-eight hours of the occurrence in cases that result in death, disappearance, or personal injuries requiring medical treatment by a licensed health care provider, and within five days of the occurrence in all other cases. 3. Every law enforcement officer who, in the regular course of duty, investigates an occurrence which is required to be reported by this section, shall, after completing such investigation, forward a report of such occurrence to the commission. 4. a. All reports shall be in writing. A vessel operator's report shall be without prejudice to the person making the report and shall be for the confidential use of the department. However, upon request the department shall disclose the identities of the persons on board the vessels involved in the occurrence and their addresses. Upon request of a person who made and filed a vessel operator's report, the department shall provide a copy of the vessel operator's report to the requester. A written vessel operator's report filed with the department shall not be admissible in or used in evidence in any civil or criminal action arising out of the facts on which the report is based. b. All written reports filed by law enforcement officers as required under subsection 3 are confidential to the extent provided in section 22.7, subsection 5, and section 622.11. However, a completed law enforcement officer's report shall be made available by the department or the investigating law enforcement agency to any party to an occurrence involving a vessel, the party's insurance company or its agent, or the party's attorney on written request and payment of a fee. 5. Failure of the operator of any vessel involved in an occurrence to offer assistance and aid to other persons affected by such occurrence, as set forth in this chapter, or to otherwise comply with the requirements of subsection 1, is punishable as follows: a. In the event of an occurrence resulting only in property damage, the operator is guilty upon conviction of a simple misdemeanor. b. In the event of an occurrence resulting in an injury to a person, the operator is guilty upon conviction of a serious misdemeanor. c. In the event of an occurrence resulting in a serious injury to a person, the operator is guilty upon conviction of an aggravated misdemeanor. d. In the event of an occurrence resulting in the death of a person, the operator is guilty upon conviction of a class "D" felony.
Section History: Early Form [C39, § 1703.21, 1703.23; C46, 50, 54, 58, § 106.21, 106.23; C62, 66, 71, 73, 75, 77, 79, 81, § 106.7; 82 Acts, ch 1028, § 10]
Section History: Recent Form C93, § 462A.7 97 Acts, ch 55, § 1--3; 2006 Acts, ch 1124, §1; 2007 Acts, ch 28, §5 Referred to in § 915.80