H. B. 2500
(By Delegate Love, By Request)
[Introduced March 8, 1993; referred to the
Committee on Agriculture and Natural Resources
then the Judiciary.]
A BILL to amend and reenact section eighteen, article seven,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to care in
handling watercraft; duty to render aid after a collision,
accident or casualty; accident reports.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article seven, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT; MOTORBOATING; LITTER CONTROL.
§20-7-18. Care in handling watercraft; duty to render aid after
a collision, accident or casualty; accident
reports.
(a) No person shall operate any motorboat or vessel, a
motorboat or other vessel or manipulate any water skis, surfboard
or similar device in a reckless or negligent manner so as to
endanger the life, limb or property of any person.
(b) No person shall operate any motorboat or vessel, or
manipulate any water skis, surfboard or similar device while
intoxicated or under the influence of any narcotic drug,
barbituate or marijuana.
(b) No person shall operate a motorboat or other vessel or
manipulate any water skis, surfboard or similar device while
under the influence of alcohol or a controlled substance, as
defined in chapter sixty-a of this code, or while under the
combined influence of alcohol and a controlled substance as
defined in chapter sixty-a of this code. A person shall be
considered to be under the influence of alcohol if he has an
alcohol concentration in his blood of ten one hundredths of one
percent or more, by weight.
(c) 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 to his own vessel, crew and
passengers (if any), to render to other persons affected by the
collision, accident or other casualty such assistance as may be
practicable and as may be necessary in order to save them from or
minimize any danger caused by the collision, accident or other
casualty, and also to give his name, address and identification
of his vessel in writing to any person injured and to the owner
of any property damaged in the collision, accident or other
casualty.
(d) In the case of collision, accident or other casualty
involving a vessel, the operator thereof, if the collision,accident or other casualty results in death or injury to a person
or damage to property in excess of one hundred dollars, shall
file with the director a full description of the collision,
accident or other casualty, including such information as the
director may, by regulation, require. In accordance with any
request duly made by an authorized official or agency of the
United States, any information compiled or otherwise available to
the director pursuant to this subsection shall be transmitted to
such official or agency of the United States.The operator of a
vessel involved in a collision, accident or other casualty shall
file an accident report with the director if the incident results
in a loss of life, in a personal injury that requires medical
treatment beyond first aid, in or in excess of five hundred
dollars damage to a vessel or other property. Said report shall
be made on such forms and contain such information as prescribed
by the director. Upon a request duly made by an authorized
official or agency of the United States, any information compiled
or otherwise available to the director pursuant to this
subsection shall be transmitted to said official or agency.
NOTE: The purpose of this bill is to define water sport
activities that are restricted while under the influence of
alcohol or a controlled substance and to revise existing accident
reporting requirements to conform with federal requirements.
Strike-throughs indicate language that would be stricken
from the present law and underscoring indicates new language that
would be added.