§ 75A-11. Duty of operator involved in collision, accident, casualty, or other occurrence.
§ 75A‑11. Duty ofoperator involved in collision, accident, casualty, or other occurrence.
(a) For the purposes ofthis section, the term "occurrence" means a collision, accident,casualty, or other similar occurrence involving a vessel. The operator of avessel involved in an occurrence, so far as the operator is able to do sowithout serious danger to the operator's vessel, crew, and passengers (if any),shall render persons affected by the occurrence any assistance as may bepracticable and necessary in order to save them from or minimize any dangercaused by the occurrence, and also to give the operator's name, address, andidentification of the operator's vessel in writing to any person injured and tothe owner of any property damaged in the occurrence.
(b) If an occurrenceresults in the death, injury, or disappearance indicating death or injury of aperson or damage to a vessel or other property of two thousand dollars ($2,000)or more, or if there is complete loss of any vessel, the operator of the vesselshall file with the Commission a full description of the occurrence, includingany information the agency may, by rule, require. If an occurrence results indeath, disappearance, or injury, the operator of the vessel shall file thereport with the Commission within 48 hours of the occurrence. If the occurrenceresults in vessel or property damage, or complete loss of any vessel, theoperator of the vessel shall file the report with the Commission within 10 daysof the occurrence. When the operator of the vessel cannot submit the report,the owner of the vessel shall submit the report. Reports filed pursuant to thissubsection shall not be admissible as evidence.
(c) When, as a resultof an occurrence that involves a vessel or its equipment, a person dies ordisappears from a vessel, the operator of the vessel shall, without delay andby the most expeditious means available, notify the nearest law enforcementagency of all of the following:
(1) The date, time, andexact location of the occurrence.
(2) The name of eachperson who died or disappeared.
(3) The certificate ofnumber and name of the vessel.
(4) The name and addressof the vessel owner or owners and the vessel operator.
(d) If the operator ofthe vessel cannot give notice required by this section, each person on boardthe vessel shall notify the law enforcement agency or determine that notice hasbeen given. Upon receiving notice under this section, a law enforcement agencyshall immediately provide the Commission and the United States Coast Guard withthe information required by this section. (1959, c. 1064, s. 11; 1999‑248, s. 3; 2006‑185,s. 1.)