462A.7  Collisions, accidents and casualties.

1.  The operator of a vessel involved in a collision, accident or other casualty shall, so far as possible without serious danger to the operator's own vessel, crew or passengers, render to other persons affected by the collision, accident or casualty, such assistance as may be practicable and necessary to save them from or minimize any danger caused by the collision, accident or other casualty. The operator shall also give the operator's name, address and identification of the operator's vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.

2.  Whenever any vessel is involved in a collision, accident or casualty, except one which results only in property damage not exceeding five hundred dollars, a report thereof shall be filed with the commission. The report shall be filed by the operator of the vessel and shall contain such information as the commission may, by rule, require. The report shall be submitted without delay in death or disappearance cases and within five days in all other cases.

3.  Every law enforcement officer who, in the regular course of duty, investigates an occurrence which is required to be reported by this section, shall, after completing such investigation, forward a report of such occurrence to the commission.

4. a.  All reports shall be in writing. A vessel operator's report shall be without prejudice to the person making the report and shall be for the confidential use of the department. However, upon request the department shall disclose the identities of the persons on board the vessels involved in the occurrence and their addresses. Upon request of a person who made and filed a vessel operator's report, the department shall provide a copy of the vessel operator's report to the requestor. A written vessel operator's report filed with the department shall not be admissible in or used in evidence in any civil or criminal action arising out of the facts on which the report is based.

b.  All written reports filed by law enforcement officers as required under subsection 3 are confidential to the extent provided in section 22.7, subsection 5, and section 622.11. However, a completed law enforcement officer's report shall be made available by the department or the investigating law enforcement agency to any party to a boating accident, collision, or other casualty, the party's insurance company or its agent, or the party's attorney on written request and payment of a fee.

5.  Failure of the operator of any vessel involved in a collision, reportable accident, or other casualty, to offer assistance and aid to other persons affected by such collision, accident, or casualty, as set forth in this chapter, shall constitute a serious misdemeanor.

Section History: Early form

  [C39, § 1703.21, 1703.23; C46, 50, 54, 58, § 106.21, 106.23; C62, 66, 71, 73, 75, 77, 79, 81, § 106.7; 82 Acts, ch 1028, § 10]

Section History: Recent form

  C93, § 462A.7

  97 Acts, ch 55, § 1-3


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