N.Y. Navigation Law § 47: Leaving the scene of an accident without reporting

§ 47. Leaving the scene of an accident without reporting. 1. (a)

Whenever any vessel, including, but not limited to, rowboats, canoes and

kayaks, meets with an accident involving damage to any vessel or to the

real property or to the personal property, not including animals, of

another due to an accident involving such vessel and the operator

thereof has knowledge of such accident, such operator shall, before

leaving the place where the damage occurred, stop and give his or her

name and address, the name and address of the owner thereof and the

identification number, if any, assigned to such vessel to the person

sustaining the damage. In the event the person sustaining the damage

cannot be located at the place where the damage occurred, then the

operator of such vessel shall report the same as soon as physically able

to the nearest police officer, police station, bay constable or judicial

officer.

(b) A violation of the provisions of paragraph (a) of this subdivision

shall constitute a violation punishable as set forth in section

seventy-three-c of this article.

2. (a) Every operator of a vessel, including, but not limited to,

rowboats, canoes and kayaks, who, knowing or having cause to know that

personal injury has been caused to another person, or another person has

disappeared under the water, due to an accident involving such vessel

shall, before leaving the place where the said incident involving

personal injury occurred, stop, give such operator's name and address,

the name and address of the owner of such vessel and the identification

number, if any, assigned to such vessel to the injured party, if

practical, and shall report said accident as soon as physically able to

the nearest police officer, police station, bay constable or judicial

officer.

(b) The first violation of the provisions of paragraph (a) of this

subdivision involving personal injury to another person resulting solely

from the failure of a vessel operator to provide the name and address of

the vessel owner and/or the identification number of the vessel shall

constitute a class B misdemeanor punishable by a fine of not less than

two hundred fifty nor more than five hundred dollars in addition to any

other penalties provided by law. Any subsequent such violation after a

conviction for such violation within the preceding five years shall

constitute a class A misdemeanor punishable by a fine of not less than

five hundred nor more than one thousand dollars in addition to any other

penalties provided by law. Any violation of the provisions of paragraph

(a) of this subdivision, other than the mere failure of a vessel

operator to provide the name and address of the vessel owner and/or the

identification number of the vessel, shall constitute a class A

misdemeanor, punishable by a fine of not less than five hundred nor more

than one thousand dollars in addition to any other penalties provided by

law. Any such violation committed by a person after such person has

previously been convicted of such a violation shall constitute a class E

felony, punishable by a fine of not less than one thousand nor more than

two thousand five hundred dollars in addition to any other penalties

provided by law. Any violation of the provisions of paragraph (a) of

this subdivision, other than the mere failure of a vessel operator to

provide the name and address of the vessel owner and/or the

identification number of the vessel where the personal injury involved

(i) results in serious physical injury, as defined in section 10.00 of

the penal law, or where a person has disappeared under the water as the

result of the incident shall constitute a class E felony or (ii) results

in death shall constitute a class D felony.

3. The provisions of this section shall not apply to commercial

vessels having a valid marine document issued by the United States or a

foreign government.