47 - Leaving the scene of an accident without reporting.
§ 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.