Oklahoma § 63-4214 - Collision, accident, or other casualty - Rendering of

§ 63-4214. Collision, accident, or other casualty - Rendering of

assistance by vessel operator - Notice - Accident report - Notice to

appear - Written report – Drug and alcohol test.

A. The operator and/or passenger of a vessel involved in a

collision, accident, or other casualty, shall render to other

persons involved in the collision, accident, or other casualty

reasonable assistance as may be necessary and practicable and shall

immediately, by the quickest means of communication, give notice of

such accident to the local police department if such accident occurs

within a municipality, or to the office of the county sheriff or

nearest state highway patrol headquarters after complying with the

requirements of this section. The operator of a vessel involved in

a collision, accident, or other casualty shall give his name,

address, and identification of his vessel, in writing, to any person

injured in the collision, accident, or other casualty and to the

owner of any property damaged in the collision, accident, or other

casualty.

B. Any operator of a vessel involved in a collision, accident,

or other casualty who could be cited for a violation of the Oklahoma

Boating Safety Regulation Act where the collision, accident or other

casualty resulted in the immediate death or great bodily injury, as

defined in subsection B of Section 646 of Title 21 of the Oklahoma

Statutes, of any person shall submit to drug and alcohol testing as

soon as practicable after such collision, accident or other casualty

occurs. The boating violation shall constitute probable cause for

purposes of Section 752 of Title 47 of the Oklahoma Statutes and the

procedures found in Section 752 of Title 47 of the Oklahoma Statutes

shall be followed to determine the presence of alcohol or controlled

dangerous substances within the blood system of the operator of the

vessel.

C. If a collision, accident, or other casualty results in death

or injury to a person or damage to property in excess of Two

Thousand Dollars ($2,000.00), the operator of the vessel involved in

the collision, accident, or other casualty shall file with the

Department of Public Safety a full description of the collision,

Oklahoma Statutes - Title 63. Public Health and Safety

accident, or other casualty, and such information as the Department

may require. No person shall be prosecuted or subjected to any

penalty for providing such report to the Department and any

statement or information included in such report shall not be

received against the person upon any criminal investigation,

proceeding or trial.

D. Whenever a person is halted by any duly authorized peace

officer of this state for any violation of Chapters 70, 71 or 72 of

this title, which shall be punishable as a misdemeanor, and is not

taken before a magistrate as hereinbefore required or permitted, the

officer shall prepare in quadruplicate using the "Oklahoma Uniform

Violations Complaint", a written notice to appear in court, such

notices to appear to be serially numbered, containing the name and

address of the person, the state registration number of the vessel,

if any, the offense charged, the time and place when and where the

person shall appear in court, and such other pertinent information

as may be necessary.

E. The time specified in the notice to appear must be at least

five (5) calendar days after the alleged violation unless the person

charged with the violation shall demand an earlier hearing.

F. The person charged with the violation may give his written

promise to appear in court by signing the written notice to appear

prepared by the officer, in which event the officer shall deliver a

copy of the notice to appear to the person, and thereupon the

officer shall not take the person into physical custody for the

violation.

G. If the person charged with the violation is a minor, then

the citing officer shall ascertain from the minor the name and

address of the parents or legal guardian of the minor, and the

officer shall cause a copy of the "violation" to be mailed to the

address of the parents or legal guardian, within three (3) calendar

days after the date of violation.

H. Except for felony violations, any duly authorized peace

officer of this state at the scene of a boating accident may issue a

written notice to appear to the operator of a vessel involved in the

accident when, based upon personal investigation, the officer has

reasonable and probable grounds to believe that the person has

committed any offense in connection with the accident.

I. 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 Department of Public Safety pursuant to

this section shall be transmitted to the official or agency of the

United States.

J. Any employee or officer of an agency of this state, or

employee or officer of a municipality or county in this state, shall

make a written report to the Department of Public Safety if an

Oklahoma Statutes - Title 63. Public Health and Safety

occurrence involving a vessel or its equipment results in one or

more of the following:

1. A person dies;

2. A person is injured and requires medical treatment beyond

first aid;

3. Damage to the vessel and other property totals more than Two

Thousand Dollars ($2,000.00) or there is a complete loss of the

vessel;

4. A person disappears from the vessel under circumstances that

indicate death or injury;

5. A person drowns in swimming to retrieve a vessel that is

adrift from its mooring or dock, having departed from a position of

inherent safety such as a shore or pier;

6. A person drowns while swimming from a vessel for pleasure

and the vessel does not contribute to the drowning;

7. A person drowns after falling from a vessel that is moored

or anchored for use as a swimming platform or other purpose;

8. A person dies or is injured while in the act of launching a

vessel into a body of water;

9. A person drowns or is injured while surfing;

10. A fatality or injury occurs to an operator or a crew member

while participating in an organized/sanctioned race, or warm-up, in

a vessel uniquely designed for racing; or

11. Damage, injury or death on a docked, moored or anchored

vessel resulting from unusual wake or wave conditions.

Added by Laws 1989, c. 346, § 66, emerg. eff. June 3, 1989. Amended

by Laws 1991, c. 182, § 65, eff. Sept. 1, 1991; Laws 1992, c. 284, §

55, eff. Jan. 1, 1993; Laws 2008, c. 95, § 3, eff. Nov. 1, 2008;

Laws 2009, c. 41, § 1, eff. Nov. 1, 2009.