WSR 01-02-021

PERMANENT RULES

PARKS AND RECREATION

COMMISSION

[ Filed December 21, 2000, 4:37 p.m. ]

Date of Adoption: December 15, 2000.

Purpose: This proposed rule-making action is the result of the commission's pursuit of Executive Order 97-02, on regulatory improvement and the recodification of Title 79A RCW. This chapter was reviewed for clarity, grammar, efficiency, and effectiveness. The revisions are proposed to better meet the needs of recreational boaters and the statewide recreational boating safety program, administered by the commission pursuant to RCW 79A.05.310. The chapter was also updated to reflect the recodification of Title 79A RCW.

Citation of Existing Rules Affected by this Order: Amending chapter 352-70 WAC, Boating accident and casualty reports.

Statutory Authority for Adoption: RCW 79A.05.310(4).

Adopted under notice filed as WSR 00-22-115 on November 1, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 6, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 6, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 21, 2000

Jim French

Senior Policy Advisor

OTS-4239.2

Chapter 352-70 WAC

THE STATE BOATING ACCIDENT ((AND CASUALTY REPORTS)) REPORTING PROGRAM


AMENDATORY SECTION(Amending WSR 93-20-018, filed 9/24/93, effective 10/24/93)

WAC 352-70-010   ((Purpose.)) What is the state boating accident reporting program?   ((This chapter is promulgated in accordance with RCW 43.51.400 and 88.12.130 in order to establish procedures by which boating accident and casualty reports are to be submitted to the Washington state parks and recreation commission and to the law enforcement agencies having jurisdiction.)) The state boating accident reporting program sets out the procedures, established under RCW 79A.60.200, boat operators must use to report pertinent boating accident information to the law enforcement agency having jurisdiction where an accident occurs. Through this program, all reports of boating accidents are forwarded to the Washington state parks and recreation commission for the confidential use of government agencies for analysis and development of accident prevention programs or as otherwise permitted by RCW 79A.60.210. The state boating accident reporting program is consistent with the regulations administered by the United States Coast Guard.

[Statutory Authority: RCW 43.51.400.      93-20-018, § 352-70-010, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-010, filed 12/19/83.]


AMENDATORY SECTION(Amending WSR 93-20-018, filed 9/24/93, effective 10/24/93)

WAC 352-70-020   ((Definitions.)) What words and phrases are used in the state boating accident reporting program?   ((When used in this chapter the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or)) Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

     (1) "Commission" means the Washington state parks and recreation commission.

     (2) "Operator" means an individual who steers, directs, or otherwise has control of a vessel that is underway or exercises actual authority to control the person at the helm.

     (3) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

     (4) "Use" means operate, navigate, or employ.

     (5) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.      However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

     (6) "Waters of Washington state" means any waters within the territorial limits of Washington state.

[Statutory Authority: RCW 43.51.400.      93-20-018, § 352-70-020, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-020, filed 12/19/83.]


AMENDATORY SECTION(Amending Order 73, filed 12/19/83)

WAC 352-70-030   ((Applicability.)) Which vessels are subject to the state boating accident reporting program?   (1) ((This chapter applies)) The requirements for reporting boating accidents apply to each vessel used on the waters of Washington state that:

     (a) Is used by its operator for recreational purposes; or

     (b) Is required to register in accordance with chapter 88.02 RCW ((88.02.030)).

     (2) This chapter does not apply to each vessel required to have a certificate of inspection in accordance with chapter I, Title 46, Code of Federal Regulations.

[Statutory Authority: RCW 43.51.400.      84-01-060 (Order 73), § 352-70-030, filed 12/19/83.]


NEW SECTION
WAC 352-70-035   Who is required to submit a boating accident report and under what conditions?   (1) The operator of the vessel must submit a boating accident report when the vessel or its equipment is involved in an occurrence that results in any of the conditions found in subsection (3) of this section.

     (2) When the operator of the vessel cannot submit the boating accident report required by this section, the owner shall submit the report, and, if the owner cannot submit the report, the law enforcement agency that has jurisdiction where the accident occurred shall submit the report on behalf of the owner.

     (3) A boating accident report is required to be submitted as specified in subsections (1) and (2) of this section whenever any of the following conditions involving a vessel or its equipment has occurred:

     (a) A person dies;

     (b) A person is injured and requires medical treatment beyond first aid;

     (c) A vessel, or vessels and other property sustain damage totaling more than five hundred dollars;

     (d) A vessel is a complete loss; or

     (e) A person disappears from the vessel under circumstances that indicate death or injury.

[]


AMENDATORY SECTION(Amending WSR 93-20-018, filed 9/24/93, effective 10/24/93)

WAC 352-70-040   ((Written accident and casualty report.)) How does the operator of a vessel report a boating accident?   (((1))) The operator of a vessel ((shall submit a complete written report to the law enforcement agency that has jurisdiction where the accident occurred.      The report shall be on a form prescribed by the commission in WAC 352-70-050.      The report shall be submitted when as a result of an occurrence that involves the vessel or its equipment:

     (a) A person dies;

     (b) A person is injured and requires medical treatment beyond first aid;

     (c) Damage to the vessel and other property totals more than five hundred dollars or there is a complete loss of a vessel; or

     (d) A person disappears from the vessel under circumstances that indicate death or injury.

     (2) A report required by this section must be submitted within forty-eight hours of the occurrence if a person dies within twenty-four hours of the occurrence, is injured and requires medical treatment beyond first aid, or disappears from a vessel.

     All other reports required by this section must be submitted within ten days of the occurrence.

     (3) If the operator of a vessel cannot submit the report required by this section, the owner shall submit the report, and, if the owner cannot submit the report, the law enforcement agency that has jurisdiction where the accident occurred shall complete the report on behalf of the owner.

     (4) The completed report shall be submitted to the commission by the law enforcement agency that has jurisdiction within ten days of receiving or completing the report)) involved in a boating accident or the owner of the vessel reporting for the operator must complete and submit a written boating accident report to the law enforcement agency that has jurisdiction where the accident occurred within the specified times listed here:

     (1) Within forty-eight hours of the occurrence if a person dies within twenty-four hours of the accident;

     (2) Within forty-eight hours of the occurrence if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and

     (3) Within ten days of the occurrence for all other boating accident reports.

     (4) All reports must be submitted on the state boating accident report form published by the commission as defined in WAC 352-70-050.

[Statutory Authority: RCW 43.51.400.      93-20-018, § 352-70-040, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-040, filed 12/19/83.]


AMENDATORY SECTION(Amending WSR 93-20-018, filed 9/24/93, effective 10/24/93)

WAC 352-70-050   ((Content of written accident and casualty report.)) What information must be provided on the state boating accident report form?   ((Each written report required by WAC 352-70-040 shall be on a form prescribed by the commission.      Each report must be dated upon completion,)) The state boating accident report form published by the commission must be completed in writing, signed and dated by the person ((who prepared)) completing it((,)) and must contain((, if available, at least)) the following information about the boating accident ((or casualty)):

     (1) The registration numbers or names as documented of each vessel involved.

     (2) The name and address of each owner of each vessel involved.

     (3) The name of the nearest city or town, the county, the state, and the body of water.

     (4) The time and date the accident ((or casualty)) occurred.

     (5) The location on the water.

     (6) The visibility, weather, and water conditions.

     (7) The estimated air and water temperatures.

     (8) The name, address, age, or date of birth, telephone number, vessel operating experience, and boating safety training of the operator of the vessel of the person making the report.

     (9) The name and address of each operator of each other vessel involved.

     (10) The number of persons on board and towed on skis by each vessel.

     (11) The name, address, and date of birth of each person injured or killed.

     (12) The cause of each death.

     (13) Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel.

     (14) The name and address of each owner of property involved.

     (15) The number, availability, and use of personal flotation devices.

     (16) The type and amount of each fire extinguisher used.

     (17) The nature and extent of each injury.

     (18) A description of all property damage and vessel damage with an estimate of the cost of all repairs.

     (19) A description of each equipment failure that caused or contributed to the cause of the accident ((or casualty)).

     (20) A description of the vessel accident ((or casualty)).

     (21) The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other) and the type of accident (capsizing, sinking, fire, explosion, or other).

     (22) The opinion of the person making the report as to the cause of the accident ((or casualty)) including whether or not alcohol or drugs, or both, was a cause or contributed to causing the ((casualty)) accident.

     (23) The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horse power, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year) of the vessel of the person making the report.

     (24) The name, address, and telephone number of each witness.

     (25) The manufacturer's hull identification number, if any, of the vessel of the person making the report.

     (26) The name, address, and telephone number of the person submitting the report.

[Statutory Authority: RCW 43.51.400.      93-20-018, § 352-70-050, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-050, filed 12/19/83.]


AMENDATORY SECTION(Amending WSR 93-20-018, filed 9/24/93, effective 10/24/93)

WAC 352-70-060   ((Submission of notification and report.)) How is a boating accident report submitted to the commission?   ((The report required by this chapter shall be submitted to the commission at the following address by the law enforcement agency that has jurisdiction where the accident occurred:)) The law enforcement agency that has jurisdiction where a boating accident occurs must submit the state boating accident report form within ten days of receiving, or completing the report to the commission at the following address:


          Washington State Parks and

          Recreation Commission

          Boating Programs

          7150 Cleanwater Lane

          P.O. Box 42654

          Olympia, Washington 98504-2654

[Statutory Authority: RCW 43.51.400.      93-20-018, § 352-70-060, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-060, filed 12/19/83.]

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