Chapter 400. Watercraft: Accident and Casualty Reporting
4VAC15-400-10. Applicability.
The sections contained in this chapter apply to each vessel in use on waters subject to the jurisdiction of the Commonwealth if such vessel is (i) used by its operator for recreational purposes, or (ii) is required to be numbered under the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 USC 1451, et seq.; Repealed 1983); and to each vessel in use on the marginal sea adjacent to this Commonwealth and on the high seas (i) when such vessel is required to be numbered under the Federal Boat Safety Act of 1971 and is en route to or from this Commonwealth; or (ii) when such vessel is owned or principally berthed in this Commonwealth and is used by its operator for recreational purposes.
Statutory Authority
§§ 29.1-701 and 29.1-802 of the Code of Virginia.
Historical Notes
Derived from VR325-04-4 § 1, eff. July 1, 1973.
4VAC15-400-20. Immediate notification of reportable accident.
When an accident occurs that requires a written report in accordance with 4VAC15-400-30, the operator shall, without delay, by the quickest means available, notify the department headquarters, or the most immediately available member of the department, of:
1. The date, time, and exact location of the occurrence;
2. The major details of the accident including the name of each person who died or disappeared;
3. The number and name of the vessel; and
4. The names and addresses of the owner and operator.
When the operator of a vessel cannot give the notice required by the foregoing, each person, on board the vessel shall notify the department or a member of its law-enforcement force, or determine that the notice has been given.
Statutory Authority
§§ 29.1-701 and 29.1-735 of the Code of Virginia.
Historical Notes
Derived from VR325-04-4 § 2, eff. July 1, 1973; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003; Volume 29, Issue 9, eff. January 1, 2013; Volume 35, Issue 23, eff. August 1, 2019.
4VAC15-400-30. Written casualty or accident reports required; time for making.
A. In addition to the notification required by 4VAC15-400-20 of this chapter, the operator of a vessel shall submit a written casualty or accident report to the department when, as a result of an occurrence that involves the vessel or its equipment:
1. A person dies;
2. A person is unable to perform normal or usual activities;
3. Damage to the vessel and other property damage totals more than $2,000 or complete loss of the vessel; or
4. A person disappears from the vessel under circumstances that indicate probable death or injury.
B. A written report required by this section must be made:
1. Within 48 hours of the occurrence if a person dies within 24 hours of the occurrence;
2. Within 48 hours of the occurrence if a person is unable to perform normal or usual activities or disappears from a vessel; and
3. Within 10 days of the occurrence or death if an earlier report is not required by the foregoing provisions of this section.
C. When the operator of a vessel cannot submit the report required by this section, the owner shall submit the required report.
Statutory Authority
§§ 29.1-501, 29.1-502, 29.1-701, and 29.1-735 of the Code of Virginia.
Historical Notes
Derived from VR325-04-4 § 3, eff. July 1, 1989; amended, Virginia Register Volume 19, Issue 5, eff. January 1, 2003.
4VAC15-400-40. Form and contents of written reports.
Each report required by 4VAC15-400-30 of this chapter must be in writing, on the appropriate printed form furnished by the department, dated upon completion, and signed by the person who prepared it, and must contain, if available, all of the information about the casualty or accident required to complete the form.
Statutory Authority
§§ 29.1-701 and 29.1-802 of the Code of Virginia.
Historical Notes
Derived from VR325-04-4 § 4, eff. July 1, 1973.
4VAC15-400-50. Penalties.
Except as otherwise provided by statute, any person who violates any provision of this chapter shall be guilty of a Class 4 misdemeanor for each such violation as provided by § 29.1-746 of the Code of Virginia.
Statutory Authority
§§ 29.1-501, 29.1-502, 29.1-701, and 29.1-735 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 5, eff. January 1, 2003.
Forms (4VAC15-400)