2023 New York Laws › NAV - Navigation › Article 4 - Vessels › Part 1 - Vessels, General › 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.