CHAPTER 436
H.P. 838 - L.D. 1220
An Act To Improve the Process for Reporting Accidents Involving Recreational Vehicles
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10501, sub-§11, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §57 and affected by §422, is further amended to read:
11. Failure to give notice of snowmobile accident. Failure of a person who is required to give notice of a snowmobile accident under section 13106-A, subsection 23 sections 13069-C and 13106-B to give that notice to the available law enforcement officer nearest to the place where the accident occurred is prima facie evidence that the accident was not reported.
Sec. 2. 12 MRSA §13052, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
6. Information to federal officials or agencies. The commissioner shall transmit any information compiled or otherwise available to the commissioner pursuant to section 13069, subsections 1 and 2 sections 13069-A, 13069-B and 13069-C to an authorized official or agency of the United States, in accordance with any request duly made by that official or agency.
Sec. 3. 12 MRSA §13069, as amended by PL 2003, c. 655, Pt. B, §381 and affected by §422, is repealed.
Sec. 4. 12 MRSA §§13069-A, 13069-B and 13069-C are enacted to read:
§13069-A. Watercraft accidents involving personal injury or death
The following provisions govern accidents involving watercraft that result in personal injury or death of a person.
1. Law enforcement officer notification. The operator of a watercraft involved in an accident that results in personal injury or death of a person or results in the disappearance of a person indicating death or injury shall immediately report the accident, by the quickest means of communication, to the available law enforcement officer nearest to the place where the accident occurred.
A. The owner of a watercraft who knows that that watercraft was involved in an accident as described in this subsection shall report the accident as provided in this subsection if the operator of the watercraft is unknown.
2. Provide information to injured party. The operator or a person acting on behalf of the operator of a watercraft involved in an accident shall provide to an injured person or the operator or an occupant of any other watercraft involved in the accident:
A. The operator's name and address; and
B. The registration number of the operator's watercraft.
3. Render assistance. The operator of a watercraft involved in an accident shall render reasonable assistance to an injured person.
4. Penalties. A person who violates this section commits a Class E crime.
5. Aggravated punishment category. Notwithstanding subsection 4, a person who intentionally, knowingly or recklessly fails to comply with this section when the accident resulted in serious bodily injury, as defined in Title 17-A, section 2, subsection 23, or death, commits a Class C crime.
§13069-B. Watercraft accidents involving property damage
The following provisions govern accidents involving watercraft that result in property damage only.
1. Provide information. The operator of a watercraft involved in a collision or accident that results in property damage estimated to be in an amount of $1,000 or more shall provide the owner or operator of that property:
A. The operator's name and address; and
B. The registration number of the operator's watercraft.
2. Render assistance. The operator of a watercraft involved in an accident shall render reasonable assistance to all persons involved in the accident as far as the operator can without serious damage to the operator's watercraft or serious risk to crew or passengers.
3. Violation. A person who violates this section commits a Class E crime.
§13069-C. Watercraft accident reports
A person shall report a watercraft accident to the commissioner in accordance with this section.
1. Injury to person. An operator or owner of a watercraft involved in a collision, accident or other casualty while using the watercraft that results in the death of a person, a person's losing consciousness or receiving medical treatment, a person's becoming disabled for more than 24 hours or the disappearence of a person from a watercraft under circumstances indicating death or injury shall file a written report on forms provided by the commissioner containing the information as required by the commissioner within 24 hours of the occurrence.
2. Damage to watercraft. Accidents involving only damage to watercraft or other property to the estimated amount of $1,000 or more must be reported within 72 hours on forms provided by the commissioner.
3. Penalties. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. 5. 12 MRSA §13106-A, sub-§23, as enacted by PL 2003, c. 655, Pt. B, §394 and affected by §422, is repealed.
Sec. 6. 12 MRSA §§13106-B and 13106-C are enacted to read:
§13106-B. Snowmobile accidents involving personal injury or death
The following provisions govern snowmobile accidents that result in personal injury or death of a person.
1. Law enforcement officer notification. The operator of a snowmobile involved in an accident that results in personal injury or death of a person shall immediately report the accident, by the quickest means of communication, to the available law enforcement officer nearest to the place where the accident occurred.
A. The owner of a snowmobile who knows that that snowmobile was involved in an accident as described in this subsection shall report the accident as provided in this subsection if the operator of the snowmobile is unknown.
2. Provide information to injured party. The operator or a person acting on behalf of the operator of a snowmobile involved in an accident shall provide to an injured person or the operator or an occupant of any other snowmobile involved in the accident:
A. The operator's name and address; and
B. The registration number of the operator's snowmobile.
3. Render assistance. The operator of a snowmobile involved in an accident shall render reasonable assistance to an injured person.
4. Penalties. A person who violates this section commits a Class E crime.
5. Aggravated punishment category. Notwithstanding subsection 4, a person who intentionally, knowingly or recklessly fails to comply with this section when the accident resulted in serious bodily injury, as defined in Title 17-A, section 2, subsection 23, or death, commits a Class C crime.
§13106-C. Snowmobile accident reports
1. Report requirements. A person shall give notice of a snowmobile accident within 72 hours to the commissioner on forms provided by the commissioner if the person is:
A. The operator of a snowmobile involved in an accident that does not result in injuries requiring the services of a physician or in the death of a person but involves property damage estimated to cost $1,000 or more;
B. A person acting for the operator of a snowmobile described in paragraph A; or
C. The owner of a snowmobile described in paragraph A having knowledge of the accident, if the operator of the snowmobile is unknown.
2. Penalties. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. 7. 12 MRSA §13157-A, sub-§20, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed.
Sec. 8. 12 MRSA §§13157-B and 13157-C are enacted to read:
§13157-B. ATV accidents involving personal injury or death
1. Law enforcement officer notification. The operator of an ATV involved in an accident that results in personal injury or death of a person shall immediately report the accident, by the quickest means of communication, to the available law enforcement officer nearest to the place where the accident occurred.
A. The owner of an ATV who knows that that ATV was involved in an accident as described in this subsection shall report the accident as provided in this subsection if the operator of the ATV is unknown.
2. Provide information to injured party. The operator or a person acting on behalf of the operator of an ATV involved in an accident shall provide to an injured person or the operator or an occupant of any other ATV involved in the accident:
A. The operator's name and address; and
B. The registration number of the operator's ATV.
3. Render assistance. The operator of an ATV involved in an accident shall render reasonable assistance to an injured person.
4. Penalties. A person who violates this section commits a Class E crime.
5. Aggravated punishment category. Notwithstanding subsection 4, a person who intentionally, knowingly or recklessly fails to comply with this section when the accident resulted in serious bodily injury, as defined in Title 17-A, section 2, subsection 23, or death, commits a Class C crime.
§13157-C. ATV accident reports
1. Report requirements. A person shall give notice of an ATV accident within 72 hours to the commissioner on forms provided by the commissioner if the person is:
A. The operator of an ATV involved in an accident that does not result in injuries requiring the services of a physician or in the death of a person but involves property damage estimated to cost $1,000 or more;
B. A person acting for the operator of an ATV described in paragraph A; or
C. The owner of an ATV described in paragraph A having knowledge of the accident if the operator of the ATV is unknown.
2. Penalties. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Effective September 17, 2005.
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