New York Safe Boating - 2020 - 74

ACCIDENTS AND EMERGENCIES

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leaves the scene then the accident shall be reported to the
nearest law enforcement as soon as possible.

If most people had to guess, they'd say that boating fatalities
occur during violent collisions involving large boats far off
shore. The truth is that the vast majority of fatalities occur
either when a small boat capsizes or when a passenger falls
into the water.

If you as an owner or operator of a boat involved in a
boating accident in which there was an injury, death, or
disappearance of a person, or if property damage exceeding
$1,000 to any one party has occurred, you must report the
matter in writing to New York State Parks within 5 days of the
accident. Failure to report an accident is a violation under
NYS Law. You can download an accident reporting form
from the Safe Operation section of the State Parks web site:
https://parks.ny.gov/recreation/boating/

In 1980, 61 people died in boating accidents on New York's
waterways, a staggering rate of more than 19 deaths per
100,000 registered boats. Those numbers have decreased
over the years, reaching a low in 2006 of only 14 deaths,
or less than 3 per 100,000 registered boats. Although the
decline is good news, of those 14 deaths, perhaps half of
them could have been avoided through the simple use of
a PFD. It cannot be emphasized enough: If you fall into
cold water (and New York's waters are cold for most of the
year) and immediate rescue is not at hand, your chances
of survival are not good. You can improve your odds by
wearing your PFD whenever you're on the water, especially
when the water is cold!

Recreational boats operating in a commercial capacity are
not exempt from any of these provisions.

Rendering Assistance
(Good Samaritan Law)

According to Section 41.3 of the Navigation Law:

A collision between two or more boats is still the most
common type of boating accident and often results in
traumatic injuries. You must adjust your boat's speed when
the waterways are crowded, and you must be constantly
aware of what is happening around you. Never drink alcohol
while boating. It can be lethal. Although alcohol does not
appear to be a significant factor in most accidents, there is
a high percentage of fatal incidents that involve alcohol. In
other words, you may get into an accident sober, but you're
far more likely to die in an accident if alcohol is involved.

"It shall be the duty of every master or pilot of any boat to
render such assistance as he can possibly give to any other
boat coming under his observation and being in distress on
account of accident, collision or otherwise."

Accidents will happen, and it is impossible to eliminate all
accidents and fatalities. However, we should strive to make
the waterways as safe as possible for everyone, and using
courtesy toward other boaters is a good start. Boating
education classes help, but you-and all the other boaters on
the waterways-must be willing to apply the knowledge you
gained in class. Tougher laws can help by making it possible
to remove some of the more obvious dangerous boaters
from our waterways, but marine law enforcement is limited
in its ability to cover all waters at all times. Education and
enforcement must be combined with, and complemented by
enforceable laws.

That means that if you come across another boat that is
in distress, the law requires you to assist that boat to the
best of your abilities. You are excused from this duty only if
rendering assistance would:

	endanger your boat;
	endanger your passengers;
	interfere with other rescue efforts or law

Accident Reporting

enforcement; or

Just as there are laws and rules about reporting automobile
accidents, there are laws and rules about reporting boating
accidents too. If you are involved in an accident involving
a boat, including canoes and kayaks, where damage to
any vessel or property occurs, the operator shall exhibit his
certificate of registration and give his name, address and
identification of his vessel in writing to any person injured
and to the owner of any vessel or property damaged. If
the person sustaining vessel or property damage or injury
cannot be located or if the operator involved in an accident

	cause further or more extensive damage.
You should know how to recognize a boat in distress. Keep
in mind that the operator of a boat in distress may have
exhausted his supply of visual distress signals, and may be
trying other means to get your attention.
Even if you don't see something that looks like a distress
signal, be aware of how other boats on the water with you
are sailing and how their passengers are behaving. You
may observe that a boat has a severe list (leaning over), or
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https://parks.ny.gov/recreation/boating/
New York Safe Boating - 2020

Table of Contents for the Digital Edition of New York Safe Boating - 2020
