7 Del. Admin. Code § 3100-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 3100-4.0 - Casualty Reporting System Requirements

(Formerly BR-4)

(Penalty Section 23Del.C.§ 2125)

4.1 Administration.

The casualty reporting system of this State shall be administered by the Boating Law Administrator who shall:

4.1.1 Provide for the reporting of all casualties and accidents required by 4.2 of this regulation;

4.1.2 Receive reports of vessel casualties or accidents prescribed by 4.3 of this regulation;

4.1.3 Review accident and casualty reports to assure accuracy and completeness of reporting; and

4.1.4 Determine the cause of casualties and accidents reported.

4.2 Report of Casualty or Accident.

4.2.1 The operator of a vessel shall submit the casualty or accident report prescribed in 33 CFR § 173.57 to the reporting authority prescribed in 4.4 of this regulation when, as a result of an occurrence that involves the vessel or its equipment:

4.2.1.1 A person dies;

4.2.1.2 A person is injured and requires medical treatment beyond first aid;

4.2.1.3 Damage to the vessel and other property totals more than $500.00; or

4.2.1.4 A person disappears from the vessel under circumstances that indicate death or injury.

4.2.2 A report required by this section shall be made:

4.2.2.1 Immediately if a person dies within 24 hours of the occurrence;

4.2.2.2 Immediately if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and

4.2.2.3 Within 5 days of the occurrence or death if an earlier report is not required by this subsection.

4.2.3 When the operator of a vessel cannot submit the casualty or accident report required by 4.2.1 of this section, the owner shall submit the casualty or accident report.

4.2.4 The accident or casualty report completed by a Fish and Wildlife Agent may be substituted to meet the requirements of this section.

4.3 Casualty or Accident Report.

Each report required by Section 2.0 of this regulation shall be in writing, dated upon completion, and signed by the person who prepared it and shall contain, if available, the information about the casualty or accident required by the Coast Guard pursuant to 33 CFR § 173.57.

4.4 Where to Report.

The report required by 4.2 of this regulation shall be submitted to the Boating Law Administrator, Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901.

4.5 Immediate Notification of Death, Disappearance, or Physical Injury.

4.5.1 When, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel or sustains an injury requiring more than first aid, the operator shall, without delay, by the quickest means available, notify the Division of Fish and Wildlife Enforcement Section, Telephone: 302-739-4580 or 1-800-523-3336, of:

4.5.1.1 The date, time, and exact location of the occurrence;

4.5.1.2 The name of each person who died, disappeared, or sustained an injury;

4.5.1.3 The number and name of the vessel; and

4.5.1.4 The names and addresses of the owner and operator.

4.5.2 When the operator of a vessel cannot give the notice required by 4.5.1 of this section, at least one of the persons on board shall notify the Division of Fish and Wildlife Enforcement Section, Telephone: 302-739-4580 or 1-800-523 -3336, or determine that the notice has been given.

4.6 Rendering of Assistance in Accidents. The operator of a vessel involved in an accident shall:

4.6.1 Render necessary assistance to each individual affected to save that affected individual from danger caused by the accident, so far as the operator can do so without serious danger to the operator's or individual's vessel or to individuals on board; and

4.6.2 Give the operator's name and address and identification of the vessel to the operator or individual in charge of any other vessel involved in the accident, to any individual injured, and to the owner of any property damaged.

7 Del. Admin. Code § 3100-4.0

1 DE Reg. 1772 (5/1/98)