H.B. 92 Enrolled

1

BOATING REVISIONS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Richard A. Greenwood
5 Senate Sponsor: Stuart C. Reid
6 Cosponsors:
7 Derek E. Brown
Brad J. GalvezLee B. Perry
R. Curt WebbBrad R. Wilson 8
9 LONG TITLE
10 General Description:
11 This bill modifies the State Boating Act by amending provisions relating to boating.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . provides that the operator of a vessel who has reason to believe that the operator
16 may have been involved in an accident resulting in property damage or injury to or
17 the death of a person shall:
18 . immediately stop the vessel at the scene of the accident or as close to it as safely
19 possible; and
20 . remain at the scene of the accident until the operator has fulfilled certain
21 requirements;
22 . provides that if the operator of a vessel has reason to believe the operator may have
23 been involved in an accident only after leaving the scene of the accident, the
24 operator shall immediately comply as nearly as possible with certain requirements;
25 . provides penalties for a person who violates the requirement to stop a vessel at the
26 scene of an accident and remain at the scene until the operator has fulfilled certain
27 requirements if the accident resulted in property damage or injury to or the death of

28 a person; and
29 . makes technical changes.
30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 73-18-13, as last amended by Laws of Utah 2005, Chapter 2
37 ENACTS:
38 73-18-13.1, Utah Code Annotated 1953
39 73-18-13.2, Utah Code Annotated 1953
40 73-18-13.3, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 73-18-13 is amended to read:
44 73-18-13. Duties of operator involved in accident -- Notification and reporting
45 procedures -- Use of accident reports -- Giving false information as misdemeanor.
46 (1) As used in this section, "agent" has the same meaning as provided in Section
47 41-6a-404 .
48 (2) (a) It is the duty of the operator of a vessel involved in an accident, if [he] the
49 operator can do so without seriously endangering [his] the operator's own vessel, crew, or
50 passengers, to render aid to those affected by the accident as may be practicable.
51 (b) The operator shall also give [his] the operator's name, address, and identification of
52 [his] the operator's vessel in writing to:
53 (i) any person injured; or [to]
54 (ii) the owner of any property damaged in the accident.
55 (3) (a) The board shall adopt rules governing the notification and reporting procedure

56 for vessels involved in accidents.
57 (b) The rules shall be consistent with federal requirements.
58 (4) (a) Except as provided in Subsection (4)(b), all accident reports:
59 (i) are protected and shall be for the confidential use of the division or other state,
60 local, or federal agencies having use for the records for official governmental statistical,
61 investigative, and accident prevention purposes; and
62 (ii) may be disclosed only in a statistical form that protects the privacy of any person
63 involved in the accident.
64 (b) The division shall disclose a written accident report and its accompanying data to:
65 (i) a person involved in the accident, excluding a witness to the accident;
66 (ii) a person suffering loss or injury in the accident;
67 (iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i)
68 and (ii);
69 (iv) a member of the press or broadcast news media;
70 (v) a state, local, or federal agency that uses the records for official governmental,
71 investigative, or accident prevention purposes;
72 (vi) law enforcement personnel when acting in their official governmental capacity;
73 and
74 (vii) a licensed private investigator.
75 (c) Information provided to a member of the press or broadcast news media under
76 Subsection (4)(b)(iv) may only include:
77 (i) the name, age, sex, and city of residence of each person involved in the accident;
78 (ii) the make and model year of each vehicle involved in the accident;
79 (iii) whether or not each person involved in the accident was covered by a vehicle
80 insurance policy;
81 (iv) the location of the accident; and
82 (v) a description of the accident that excludes personal identifying information not
83 listed in Subsection (4)(c)(I).

84 (5) (a) Except as provided in Subsection (5)[(b)](c), an accident report may not be used
85 as evidence in any civil or criminal trial, arising out of an accident.
86 (b) Upon demand of any person who has, or claims to have, made the report, or upon
87 demand of any court, the division shall furnish a certificate showing that a specified accident
88 report has or has not been made to the division solely to prove a compliance or a failure to
89 comply with the requirement that a report be made to the division.
90 (c) Accident reports may be used as evidence when necessary to prosecute charges
91 filed in connection with a violation of Subsection (6).
92 (6) Any person who gives false information, knowingly or having reason to believe it is
93 false, in an oral or written report as required in this chapter, is guilty of a class A misdemeanor.
94 Section 2. Section 73-18-13.1 is enacted to read:
95 73-18-13.1. Accident involving property damage -- Duties of operator, occupant,
96 and owner -- Penalties.
97 (1) As used in this section, "reason to believe" means information from which a
98 reasonable person would believe that the person may have been involved in an accident.
99 (2) (a) The operator of a vessel who has reason to believe that the operator may have
100 been involved in an accident resulting only in damage to another vessel or other property shall
101 remain at the scene of the accident until the operator has fulfilled the requirements of Section
102 73-18-13 .
103 (b) If the operator has reason to believe that the operator may have been involved in an
104 accident resulting in damage to another vessel or other property only after leaving the scene of
105 the accident, the operator shall immediately comply as nearly as possible with the requirements
106 of Section 73-18-13 .
107 (3) A person who violates the provisions of this section is guilty of a class B
108 misdemeanor.
109 Section 3. Section 73-18-13.2 is enacted to read:
110 73-18-13.2. Accident involving injury -- Stop at accident -- Penalty.
111 (1) As used in this section:

112 (a) "Reason to believe" means information from which a reasonable person would
113 believe that the person may have been involved in an accident.
114 (b) "Serious bodily injury" means bodily injury which involves a substantial risk of
115 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
116 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
117 (2) (a) The operator of a vessel who has reason to believe that the operator may have
118 been involved in an accident resulting in injury to a person shall:
119 (i) immediately stop the vessel at the scene of the accident or as close to it as safely
120 possible; and
121 (ii) remain at the scene of the accident until the operator has fulfilled the requirements
122 of Section 73-18-13 .
123 (b) If the operator of a vessel has reason to believe the operator may have been
124 involved in an accident only after leaving the scene of the accident, the operator shall
125 immediately comply as nearly as possible with the requirements of Section 73-18-13 .
126 (3) (a) Except as provided in Subsection (3)(b), a person who violates the provisions of
127 Subsection (2):
128 (i) is guilty of a class A misdemeanor if the accident resulted in injury to any person;
129 and
130 (ii) shall be fined not less than $750.
131 (b) A person who violates the provisions of Subsection (2):
132 (i) is guilty of a third degree felony if the accident resulted in serious bodily injury to a
133 person; and
134 (ii) shall be fined not less than $750.
135 Section 4. Section 73-18-13.3 is enacted to read:
136 73-18-13.3. Accident involving death -- Stop at accident -- Penalty.
137 (1) As used in this section, "reason to believe" means information from which a
138 reasonable person would believe that the person may have been involved in an accident.
139 (2) (a) The operator of a vessel who has reason to believe that the operator may have

140 been involved in an accident resulting in the death of a person shall:
141 (i) immediately stop the vessel at the scene of the accident or as close to it as safely
142 possible; and
143 (ii) remain at the scene of the accident until the operator has fulfilled the requirements
144 of Section 73-18-13 .
145 (b) If the operator of a vessel has reason to believe the operator may have been
146 involved in an accident only after leaving the scene of the accident, the operator shall
147 immediately comply as nearly as possible with the requirements of Section 73-18-13 .
148 (3) A person who violates the provisions of Subsection (2) is guilty of a third degree
149 felony and shall be fined not less than $750.