2006 Code of Virginia § 29.1-739 - Duty of operator involved in collision, accident or other casualty; immunity from liability; repor...

29.1-739. Duty of operator involved in collision, accident or othercasualty; immunity from liability; report of collision, etc.; summons in lieuof arrest.

A. It shall be the duty of the operator of a vessel involved in a collision,accident, or other casualty, so far as he can do so without serious danger tohis own vessel, crew, and passengers (if any), to render persons affected bythe collision, accident, or other casualty such assistance as may bepracticable and as may be necessary in order to minimize any danger caused bythe collision, accident, or other casualty, and also give his name, address,and identification of his vessel in writing to any person injured and to theowner of any property damaged in the collision, accident, or other casualty.Any person who complies with this subsection or who gratuitously and in goodfaith renders assistance at the scene of a vessel collision, accident, orother casualty without objection of any person assisted, shall not be heldliable for any civil damages as a result of the rendering of assistance orfor any act or omission in providing or arranging salvage, towage, medicaltreatment or other assistance where the assisting person acts as an ordinary,reasonably prudent person would have acted under the same or similarcircumstances.

B. In case of collision, accident, or other casualty involving a vessel, theoperator of the vessel, if the collision, accident, or other casualty is ofsuch a nature as to be reportable pursuant to regulations adopted by theBoard, shall notify within a reasonable time a law-enforcement officer of theCommonwealth, game warden, or Marine Resources Commission inspector.

The operator shall file with the Department a full report of the collision,accident, or other casualty, as the regulations of the Board may require. Thereport shall be without prejudice, shall be for the information of theDepartment only, and shall not be open to public inspection. The fact thatsuch a report has been made shall be admissible in evidence solely to showcompliance with this section and applicable regulations, but no such reportnor any statement contained in the report shall be admissible as evidence forany other purpose in any trial.

C. Any officer investigating any collision, accident or other casualty shallhave authority, in lieu of arresting any person charged with violating any ofthe provisions of this chapter, to issue a written summons to the person(stating name, address, boat number, offense charged, etc.) to appear incourt as in 46.2-936.

(1960, c. 500, 62-174.11; 1962, c. 626; 1968, c. 659, 62.1-177; 1972, c.412; 1973, c. 381; 1987, c. 488; 1991, c. 336.)