69-9-210 - Reporting of boating accidents Rendering of assistance. - Tennessee Statutes

69-9-210. Reporting of boating accidents Rendering of assistance.

(a)  Whenever any vessel operating upon the waters of Tennessee is involved in an accident, it is the duty of the operator, so far as the operator can do so without serious danger to the operator's own passengers, guests, crew, the operator or the operator's vessel, to render to all other persons affected by the accident such assistance as may be practicable and as may be necessary in order to save them from or to minimize any danger caused by the accident. The operator shall also give the operator's name, address, and identifying information regarding the operator's vessel, to any person injured or to the owner of any property damaged in the accident.

(b)  Whenever an accident involves any vessel and results in the death, disappearance, or serious injury of any person, or in property damage in excess of two thousand dollars ($2,000), as estimated by the wildlife officer or operator, or complete loss of vessel, the operator or operators of the vessel shall file, with the agency, a full description of the accident, including such information as the commission may by regulation require, within the times prescribed in subsection (c).

(c)  The agency shall be immediately notified of any boating accident within the meaning of this chapter that occurs on the waters of Tennessee by the operator or operators of any vessel involved in the accident. An accident reported pursuant to subsection (b) shall be filed within forty-eight (48) hours of the occurrence of an accident if the accident has resulted in the death, disappearance, or serious injury of any person. An accident reported pursuant to subsection (b) that results in property damage shall be filed within ten (10) days. If the operator is incapable of making the required notice or report, it is the responsibility of each passenger to ensure that notification is made and any required report is filed in conformance with the provisions of this subsection (c).

(d)  The report of a boating accident required to be made in this section shall not, during any judicial proceeding, be referred to in any way; it shall not be subject to subpoena nor admissible as evidence in any proceeding. Subject to these restrictions, information contained in a boating accident report and any statistical information based on the report will be made available upon request for official purposes to the United States coast guard and any federal agency successor to the coast guard. Any party or individual involved in a boating accident may obtain a copy of the report of the accident that has been filed by requesting same from the commission.

(e)  (1)  It is a Class A misdemeanor for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that serious injury resulted from the accident.

     (2)  It is a Class E felony for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that death resulted from the accident.

[Acts 1965, ch. 334, § 12; 1975, ch. 184, § 14; 1982, ch. 738, § 36; T.C.A., § 70-2212; Acts 1992, ch. 601, § 1; T.C.A. § 69-10-210; Acts 2007, ch. 185, §§ 6, 7; 2008, ch. 1194, § 1.]