§ 59-21-51. Duty to report

59-21-51. Duty to report

In the case of a boating accident involving collision, accident or other casualty involving a motorboat or vessel subject to this chapter, while operated upon the waters of this state, the operator thereof, if the collision, accident or other casualty results in death to any person, injury causing any person to remain incapacitated for a period in excess of twenty-four (24) hours, or damage to property in excess of one hundred dollars ($100.00), shall file, on forms provided, with the commission an accident report with a full description of the collision, accident or other casualty, including such other information as is required under the provisions of this chapter. The commission shall furnish copies of reports to the appropriate federal agencies and sheriff of the county in which such accident or other casualty takes place.

For the purpose of this chapter, a “boating accident” means a collision, accident or other casualty involving (1) an undocumented motorboat or (2) any other undocumented vessel used for pleasure or recreational purposes. A vessel subject to this chapter is considered to be involved in a “boating accident” whenever the occurrence results in damage by or to the vessel or its equipment; in injury or loss of life to any person, or in the disappearance of any person from on board under circumstances which indicate the possibility of death or injury. A “boating accident” includes, but is not limited to, capsizing, collision, foundering, flooding, fire, explosion and the disappearance of a vessel other than by theft. A report is required whenever a vessel subject to this chapter is involved in a “boating accident” which results in any one or more of the following:

(1) Loss of life.

(2) Injury causing any person to remain incapacitated for a period in excess of twenty-four (24) hours.

(3) Actual physical damage to property (including vessels) in excess of one hundred dollars ($100.00).