Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 2 - OPERATION (§§ 27-101-201 — 27-101-207) › Section 27-101-205 - Collision or accident

(a)
It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or other casualty the assistance that may be practicable and that may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty and also to give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.
(b)
In the case of collision, accident, or other casualty involving a vessel, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of two thousand dollars ($2,000) or the disappearance of a person from a vessel under circumstances that indicate death or injury, the Arkansas State Game and Fish Commission or local sheriff's department having an established water patrol shall be immediately notified in order for an investigation to be conducted. In addition, the operator of the vessel shall submit a United States Department of Homeland Security, United States Coast Guard Form CG-3865 to the Arkansas State Game and Fish Commission Boating Safety Office within ten (10) working days.
(c)
A law enforcement officer shall request and a person shall submit to a chemical test of the person's blood, breath, saliva, or urine as required by §
5-65-208
, even if the person is fatally injured, for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine if:
(1)
The person is operating a vessel and is involved in a collision, accident, or other casualty resulting in loss of human life or when there is reason to believe death may result; or
(2)
The law enforcement officer has reasonable cause to believe that the person was operating a vessel while:
(A)
Intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana; or
(B)
Under any physical or mental disability so as to be incapable of operating the vessel safely under the prevailing circumstances.
(d)
In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to this section shall be transmitted to that official or agency of the United States.
(e)
Any law enforcement agency in the State of Arkansas investigating a boating accident will forward a copy of the completed accident report to the office within thirty (30) days of the accident.
(f)
(1)
It shall be unlawful for any person involved in a boating accident to purposely leave the scene of the accident without complying with the requirements in subsections (a) and (b) of this section.
(2)
Violation of this subsection shall be punishable with a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(3)
In the event the accident resulted in grave personal injury or death, violations of this section shall be a Class D felony and upon conviction punished accordingly.
Amended by Act 2015, No. 694,§ 2, eff. 7/22/2015.
Amended by Act 2015, No. 299,§ 36, eff. 7/22/2015.
Amended by Act 2013, No. 361,§ 21, eff. 8/16/2013.
Acts 1959, No. 453, §§ 10, 11; A.S.A. 1947, §§ 21-230, 21-231; Acts 1995, No. 517, § 12; 2009, No. 693, § 2.