Original Notice.

Preproposal statement of inquiry was filed as WSR 00-12-094.

Title of Rule: Chapter 352-70 WAC, Boating accident and casualty reports, this chapter of administrative rules establishes the procedure for recreational boaters to report pertinent information regarding a boating accident to the state Parks and Recreation Commission.

Purpose: This proposed rule-making action is the result of the commission's pursuit of Executive Order 97-02 regulatory improvement and the recodification of Title 79A RCW. This chapter was reviewed for clarify, grammar, efficiency, and effectiveness in meeting the needs of recreational boaters and the state-wide 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 of administrative rules.

Other Identifying Information: The Code of Federal Regulations Title 33, Chapter I PART 174 - State Numbering and Casualty reporting system.

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

Statute Being Implemented: RCW 79A.05.310(4).

Summary: This chapter is proposed for revision in order to improve the participation and compliance of the general public, affected local government law enforcement agencies, and all recreational boating interests. There are no substantive changes proposed.

Reasons Supporting Proposal: These amendments are proposed as a result of the agency's fifteen years experience in administering the recreational boating accident reporting program and its desire to meet the expectations of regulatory improvement.

Name of Agency Personnel Responsible for Drafting: Jim French, Washington State Parks, P.O. Box 42650, Olympia, WA 98504, (360) 902-8615; Implementation: James Horan, Washington State Parks, P.O. Box 42650, Olympia, WA 98504, (360) 902-8580; and Enforcement: Mark Kenny, Washington State Parks, P.O. Box 42650, Olympia, WA 98504, (360) 902-8510.

Name of Proponent: Washington State Parks, Boating Programs Office, private and governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This chapter provides for the reporting of recreational boating accidents to a central state agency for collection of accident data and the development of accident prevention strategies. The chapter requires recreational boat operators to submit a written boating accident report to the law enforcement agency that has jurisdiction where the accident occurs. When the operator can not complete and submit the report the owner of the boat must complete the reporting requirements. When neither the operator nor the owner can complete the report the law enforcement agency having jurisdiction must complete and submit the report. The chapter specifies the content of a boating accident report and the manner of submitting the report.

     The commission anticipates these amendments will clarify the rule and streamline the reporting process.

Proposal Changes the Following Existing Rules: The proposed amendments present boating accident reporting requirements in clear, usable language. Recreational boat operators will have a better understanding of their legal responsibilities for reporting boating accident information and the method of reporting.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This chapter of administrative rule does not regulate or have economic impact through regulations on small business. There are no compliance costs to small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the state Parks and Recreation Commission, nor has the commission voluntarily applied those requirements.

Hearing Location: Long Beach, Washington, on September 22, 2000, at 9:00 a.m. The meeting site can be obtained by contacting Paul Malmberg at Washington State Parks, Southwest Region Office, 11838 Tilley Road South, Olympia, WA 98512-9167, phone (360) 753-7143, fax (360) 586-4272.

Assistance for Persons with Disabilities: Contact Paul Malmberg at the address above by September 8, 2000, or by phone (360) 753-7143.

Submit Written Comments to: Washington State Parks, Attention: James Horan, 7150 Cleanwater Lane, P.O. Box 42560, Olympia, WA 98504-2650, phone (360) 902-8580, fax (360) 753-1594, e-mail James.Horan@parks.wa.gov.

Date of Intended Adoption: September 22, 2000.

August 22, 2000

Jim French

Senior Policy Advisor

OTS-4239.1

((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 as required by RCW 79A.05.310.

[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.]

((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.]

(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.]

(1) The operator of the vessel must submit a boating accident report when the vessel is involved in an occurrence that results in any of the following:

     (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.

     (2) When the operator of the 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 submit the report on behalf of the owner.

[]

(((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.]

((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.]

((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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