Ala. Admin. Code r. 220-6-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 220-6-.06 - Boating Accident Reports

(1) Whenever a boating accident results in the (1) loss of life or the disappearance of any person; (2) injury causing any person to remain incapacitated for a period in excess of a seventy-two (72) hours; (3) actual damage to any vessel, or to any other property in excess of two thousand dollars ($2,000); the operator of said boat shall submit, within ten (10) days from the date of the accident, to the Department of Conservation and Natural Resources, Marine Police Division, a written report of the said accident on forms furnished by the Department of Conservation and Natural Resources, which report must contain the following:

The numbers and names of each vessel involved.

The name and address of each owner of each vessel involved.

The name of the nearest city or town, the county, the state, and the body of water.

The time and date the casualty or accident occurred.

The location on the water.

The visibility, weather, and water conditions.

The estimated air and water temperatures.

The name, address, age or date of birth, telephone number, vessel operating experience and boating safety training of the operator making the report.

The name and address of each operator of each vessel involved.

The number of persons on board or towed on skis by each vessel.

The name, address, and date of birth of each person injured or killed.

The cause of each death.

Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel.

The name and address of each owner of property involved.

The availability and use of personal flotation devices.

The type and amount of each fire extinguisher used.

The nature and extent of each injury.

A description of all property damage and vessel damage with an estimate of the cost of all repairs.

A description of each equipment failure that caused or contributed to the cause of the casualty.

A description of the vessel casualty or accident.

The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other), and the type of accident (capsizing, sinking, fire, or explosion or other).

The opinion of the person making the report as to the cause of the casualty.

The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horsepower, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year), of the reporting operator's vessel.

The name, address, and telephone number of each witness.

The manufacturer's hull identification number (HIN), or serial number if no HIN is affixed, of the reporting operator's vessel.

The name, address, and telephone number of the person submitting the report.

(a) For the purpose of this regulation a "boat accident" means a collision, accident, or other casualty which occurs to, or is caused by, or in any other way, involves a vessel while being operated on the waters of this state.

(b) A vessel shall be considered to be involved in a "boat accident" whenever the occurrence results in damage by or to the vessel or its equipment; any injury or loss of life to any person or in the disappearance of any person resulting from the accident under circumstances which indicate the possibility of death or injury.

(2) This regulation shall be applicable to all vessels, except commercially documented vessels, which are within the jurisdiction of this state at the time of the accident, and to all vessels carrying Alabama registration numbers, regardless of where the accident occurs.

(3) Nothing in this regulation should be so construed as to show intent to excuse any vessel licensed by the State of Alabama which is involved in a boating accident in another state from complying with any laws or regulations of such other state regarding reports of boating accidents within the state. The necessity of reporting the accident to the officials of another state shall not exonerate or excuse any failure to file a report in the State of Alabama as herein required.

(4) The provisions of this regulation shall apply to all vessels operated on the waters of this state, except vessels commercially documented by the federal government, and regardless of whether or not the vessel involved in an accident is registered or required to be registered under Alabama law.

(5) Rule 220-6-.06, as previously promulgated, is hereby expressly repealed in its entirety.

Ala. Admin. Code r. 220-6-.06

Filed May 9, 1991. Repealed and Replaced: Filed June 27, 1995; effective August 2, 1995. Amended: Filed March 29, 2010; effective May 3, 2010.

Author: James D. Martin

Statutory Authority:Code of Ala. 1975, § 33-5-62; §15 of Act No. 94-652 (Regular Session, 1994).

PENALTY: As provided by §15 of Act No. 94-652 (Regular Session, 1994) and § 33-5-62, Code of Ala. 1975.