Ch. 36                                     2004 LAWS OF MARYLAND

accident, or casualty, to the extent the operator can do so without serious danger to
the operator's own vessel, or persons aboard. The operator also shall give the
operator's name, address, and the identification of the operator's vessel to any person
injured and to the owner of any property damaged. The duties imposed by this
subsection are in addition to any duties otherwise imposed by law.

(b)     If an accident involves any vessel subject to this subtitle while on the
waters of the State and results in the death, disappearance, or injury of any person or
in property damage of $2,000 or more, or there is complete loss of the vessel, [or a
collision occurs involving two or more vessels, regardless of the amount of damage to
property, the operator or owner, if the operator cannot submit a report] THE
OPERATOR shall file with the Department a full description of the accident, including
any information the Department requires by regulation. IF THE OPERATOR IS
UNABLE TO FILE THE REPORT, THE VESSEL OWNER SHALL FILE THE REPORT. If the
accident caused the death or disappearance of any person or a person receives medical
treatment beyond first aid, the report shall be made within 48 hours. Any other
accident resulting in personal injury or property damage shall be reported within 10
days. This subsection does not apply to a vessel required to have a certificate of
inspection under Chapter 1, Title 46, Code of Federal Regulations.

(c)      If any vessel numbered in the State is involved in an accident on waters
outside of the State, and the accident results in the death, disappearance, or injury of
any person or in property damage of $2,000 or more, [or a collision occurs involving
two or more vessels, regardless of the amount of damage to property,] the operator or
owner, within 30 days, shall file a complete report with the Department including any
information the Department requires by regulation. This subsection does not exempt
or excuse any operator or owner[, if the operator cannot submit the report,] from the
requirements of any federal or other State law or rule or regulation having
jurisdiction over the waters in which the accident occurs. Furthermore, any
accident-reporting requirement in the federal or other State law or rule or regulation
may not exonerate or excuse any failure of the operator or owner of a vessel numbered
in the State to report the accident in the State.

(d)     The required report of a boating accident may not be referred to during any
judicial proceeding. It is not subject to subpoena or admissible as evidence in any
proceeding. Subject to these restrictions, information contained in a boating accident
report and any statistical information based on the report is available on request for
official purposes to the United States Coast Guard and its successor agency.

(e)     Any person who complies with subsection (a) of this section or who
gratuitously and in good faith renders or attempts to render assistance to any vessel
in distress on any waters of the State without objection from any person assisted, is
not liable for any civil damage as the result of any act or omission by the person in
rendering assistance, if the act or omission does not amount to gross negligence.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect June 1, 2004.

Approved April 13, 2004.

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