H.B. 92

1

BOATING REVISIONS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Richard A. Greenwood
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the State Boating Act by amending provisions relating to boating.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . provides that the operator of a vessel who has reason to believe that the operator
14 may have been involved in an accident resulting in property damage or injury to or
15 the death of a person shall:
16 . immediately stop the vessel at the scene of the accident or as close to it as safely
17 possible; and
18 . remain at the scene of the accident until the operator has fulfilled certain
19 requirements;
20 . provides that if the operator of a vessel has reason to believe the operator may have
21 been involved in an accident only after leaving the scene of the accident, the
22 operator shall immediately comply as nearly as possible with certain requirements;
23 . provides penalties for a person who violates the requirement to stop a vessel at the
24 scene of an accident and remain at the scene until the operator has fulfilled certain
25 requirements if the accident resulted in property damage or injury to or the death of
26 a person;
27 . provides that the operator of a motorboat may not exceed a wakeless speed while a

28 person is riding upon certain portions of the motorboat; 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 73-18-15.1, as last amended by Laws of Utah 2010, Chapter 256
38 ENACTS:
39 73-18-13.1, Utah Code Annotated 1953
40 73-18-13.2, Utah Code Annotated 1953
41 73-18-13.3, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 73-18-13 is amended to read:
45 73-18-13. Duties of operator involved in accident -- Notification and reporting
46 procedures -- Use of accident reports -- Giving false information as misdemeanor.
47 (1) As used in this section, "agent" has the same meaning as provided in Section
48 41-6a-404 .
49 (2) (a) It is the duty of the operator of a vessel involved in an accident, if [he] the
50 operator can do so without seriously endangering [his] the operator's own vessel, crew, or
51 passengers, to render aid to those affected by the accident as may be practicable.
52 (b) The operator shall also give [his] the operator's name, address, and identification of
53 [his] the operator's vessel in writing to:
54 (i) any person injured; or [to]
55 (ii) the owner of any property damaged in the accident.
56 (3) (a) The board shall adopt rules governing the notification and reporting procedure
57 for vessels involved in accidents.
58 (b) The rules shall be consistent with federal requirements.

59 (4) (a) Except as provided in Subsection (4)(b), all accident reports:
60 (i) are protected and shall be for the confidential use of the division or other state,
61 local, or federal agencies having use for the records for official governmental statistical,
62 investigative, and accident prevention purposes; and
63 (ii) may be disclosed only in a statistical form that protects the privacy of any person
64 involved in the accident.
65 (b) The division shall disclose a written accident report and its accompanying data to:
66 (i) a person involved in the accident, excluding a witness to the accident;
67 (ii) a person suffering loss or injury in the accident;
68 (iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i)
69 and (ii);
70 (iv) a member of the press or broadcast news media;
71 (v) a state, local, or federal agency that uses the records for official governmental,
72 investigative, or accident prevention purposes;
73 (vi) law enforcement personnel when acting in their official governmental capacity;
74 and
75 (vii) a licensed private investigator.
76 (c) Information provided to a member of the press or broadcast news media under
77 Subsection (4)(b)(iv) may only include:
78 (i) the name, age, sex, and city of residence of each person involved in the accident;
79 (ii) the make and model year of each vehicle involved in the accident;
80 (iii) whether or not each person involved in the accident was covered by a vehicle
81 insurance policy;
82 (iv) the location of the accident; and
83 (v) a description of the accident that excludes personal identifying information not
84 listed in Subsection (4)(c)(i).
85 (5) (a) Except as provided in Subsection (5)[(b)](c), an accident report may not be used
86 as evidence in any civil or criminal trial, arising out of an accident.
87 (b) Upon demand of any person who has, or claims to have, made the report, or upon
88 demand of any court, the division shall furnish a certificate showing that a specified accident
89 report has or has not been made to the division solely to prove a compliance or a failure to

90 comply with the requirement that a report be made to the division.
91 (c) Accident reports may be used as evidence when necessary to prosecute charges
92 filed in connection with a violation of Subsection (6).
93 (6) Any person who gives false information, knowingly or having reason to believe it is
94 false, in an oral or written report as required in this chapter, is guilty of a class A misdemeanor.
95 Section 2. Section 73-18-13.1 is enacted to read:
96 73-18-13.1. Accident involving property damage -- Duties of operator, occupant,
97 and owner -- Penalties.
98 (1) As used in this section, "reason to believe" means information from which a
99 reasonable person would believe that the person may have been involved in an accident.
100 (2) (a) The operator of a vessel who has reason to believe that the operator may have
101 been involved in an accident resulting only in damage to another vessel or other property shall
102 remain at the scene of the accident until the operator has fulfilled the requirements of Section
103 73-18-13 .
104 (b) If the operator has reason to believe that the operator may have been involved in an
105 accident resulting in damage to another vessel or other property only after leaving the scene of
106 the accident, the operator shall immediately comply as nearly as possible with the requirements
107 of Section 73-18-13 .
108 (3) A person who violates the provisions of this section is guilty of a class B
109 misdemeanor.
110 Section 3. Section 73-18-13.2 is enacted to read:
111 73-18-13.2. Accident involving injury -- Stop at accident -- Penalty.
112 (1) As used in this section:
113 (a) "Reason to believe" means information from which a reasonable person would
114 believe that the person may have been involved in an accident.
115 (b) "Serious bodily injury" means bodily injury which involves a substantial risk of
116 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
117 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
118 (2) (a) The operator of a vessel who has reason to believe that the operator may have
119 been involved in an accident resulting in injury to a person shall:
120 (i) immediately stop the vessel at the scene of the accident or as close to it as safely

121 possible; and
122 (ii) remain at the scene of the accident until the operator has fulfilled the requirements
123 of Section 73-18-13 .
124 (b) If the operator of a vessel has reason to believe the operator may have been
125 involved in an accident only after leaving the scene of the accident, the operator shall
126 immediately comply as nearly as possible with the requirements of Section 73-18-13 .
127 (3) (a) Except as provided in Subsection (3)(b), a person who violates the provisions of
128 Subsection (2):
129 (i) is guilty of a class A misdemeanor if the accident resulted in injury to any person;
130 and
131 (ii) shall be fined not less than $750.
132 (b) A person who violates the provisions of Subsection (2):
133 (i) is guilty of a third degree felony if the accident resulted in serious bodily injury to a
134 person; and
135 (ii) shall be fined not less than $750.
136 Section 4. Section 73-18-13.3 is enacted to read:
137 73-18-13.3. Accident involving death -- Stop at accident -- Penalty.
138 (1) As used in this section, "reason to believe" means information from which a
139 reasonable person would believe that the person may have been involved in an accident.
140 (2) (a) The operator of a vessel who has reason to believe that the operator may have
141 been involved in an accident resulting in the death of a person shall:
142 (i) immediately stop the vessel at the scene of the accident or as close to it as safely
143 possible; and
144 (ii) remain at the scene of the accident until the operator has fulfilled the requirements
145 of Section 73-18-13 .
146 (b) If the operator of a vessel has reason to believe the operator may have been
147 involved in an accident only after leaving the scene of the accident, the operator shall
148 immediately comply as nearly as possible with the requirements of Section 73-18-13 .
149 (3) A person who violates the provisions of Subsection (2) is guilty of a third degree
150 felony and shall be fined not less than $750.
151 Section 5. Section 73-18-15.1 is amended to read:

152 73-18-15.1. Vessel navigation and steering laws.
153 (1) The operator of a vessel shall maintain a proper lookout by sight and hearing at all
154 times to avoid the risk of collision.
155 (2) When the operators of two motorboats approach each other where there is risk of
156 collision, each operator shall alter course to the right and pass on the left side of the other.
157 (3) When the operators of two motorboats are crossing paths and are at risk of a
158 collision, the operator of the vessel that has the other vessel on its right side shall keep out of
159 the way and yield right-of-way if necessary.
160 (4) The operator of any vessel overtaking any other vessel shall keep out of the way of
161 the vessel being overtaken.
162 (5) The operator of a vessel underway shall keep out of the way of a:
163 (a) vessel not under command;
164 (b) vessel restricted in its ability to maneuver;
165 (c) vessel engaged in fishing; and
166 (d) sailing vessel.
167 (6) If the operator of one of two vessels is to keep out of the way, the other vessel
168 operator shall maintain his course and speed unless it becomes apparent the other vessel is not
169 taking the appropriate action.
170 (7) In narrow channels an operator of a vessel underway shall keep to the right of the
171 middle of the channel.
172 (8) The operator of a vessel shall proceed at a safe speed at all times so that the
173 operator can take proper and effective action to avoid collision and be stopped within a
174 distance appropriate to the prevailing circumstances or conditions.
175 (9) (a) When the operators of two sailboats are approaching one another so as to
176 involve risk of collision, one of the operators shall keep out of the way of the other as follows:
177 (i) when each has the wind on a different side, the operator of the vessel that has the
178 wind on the left side shall keep out of the way of the other;
179 (ii) when both have the wind on the same side, the operator of the vessel that is to the
180 windward shall keep out of the way of the vessel that is to leeward; and
181 (iii) if the operator of a vessel with the wind on the left side sees a vessel to windward
182 and cannot determine with certainty whether the other vessel has the wind on the left or on the

183 right side, the operator shall keep out of way of the other vessel.
184 (b) For purposes of this Subsection (9), the windward side shall be the side opposite
185 that on which the mainsail is carried.
186 (10) The operator of any vessel may not exceed a wakeless speed when within 150 feet
187 of:
188 (a) another vessel;
189 (b) a person in or floating on the water;
190 (c) a water skier being towed by another boat;
191 (d) a water skier that had been towed behind the operator's vessel unless the skier is
192 still surfing or riding in an upright stance on the wake created by the vessel;
193 (e) a water skier that had been towed behind another vessel and the skier is still surfing
194 or riding in an upright stance on the wake created by the other vessel;
195 (f) a shore fisherman;
196 (g) a launching ramp;
197 (h) a dock; or
198 (i) a designated swimming area.
199 (11) The operator of a motorboat is responsible for any damage or injury caused by the
200 wake produced by the operator's motorboat.
201 (12) (a) [Except as provided in Subsection (12)(b), the] The operator of a motorboat
202 [that is less than 65 feet in length] may not exceed a wakeless speed while any person is riding
203 upon [the bow decking, gunwales, transom, seatbacks, or motor cover.] any portion of the
204 motorboat not:
205 (i) designed by the manufacturer as a riding location; and
206 (ii) contained within seatbacks, gunwales, or rails designed and installed by the
207 manufacturer to prevent the passenger from falling overboard.
208 (b) A person operating a personal watercraft is exempt from the requirement under
209 Subsection (12)(a).
210 [(b) Subsection (12)(a) does not apply if the motorboat is:]
211 [(i) between 16 feet and 65 feet in length; and]
212 [(ii) the motorboat is equipped with adequate rails or other safeguards to prevent a
213 person from falling overboard.]

214 [(13) If a person is riding upon the bow decking of a motorboat that does not have
215 designed seating for passengers, the person shall straddle one of the upright supports of the
216 bow rail and may not block the vision of the operator.]
217 [(14)] (13) The operator of a vessel may not tow a water skier or a person on another
218 device:
219 (a) unless an onboard observer, who is at least eight years of age, is designated by the
220 operator to watch the person being towed; or
221 (b) between sunset and sunrise.
222 [(15)] (14) A person who violates this section is guilty of a class C misdemeanor.




Legislative Review Note
as of 1-24-12 11:11 AM

Office of Legislative Research and General Counsel