§ 50-21-130 — Duties of vessel operator involved in collision; offense and penalties; immunity of person rendering assistance; accident reports; suspension of privileges.

South Carolina § 50-21-130

• Jurisdiction: South Carolina
• Title 50: FISH, GAME AND WATERCRAFT
• Ch. 21: EQUIPMENT AND OPERATION OF WATERCRAFT

Text

(A) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, if he can do so without serious danger to his own vessel, crew, or passengers, to render assistance as may be practical or necessary to persons affected by the collision, accident, or other casualty including personal injury or property damage and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. A person who fails to stop or to comply with the requirements of this section, is guilty of: (1) a misdemeanor, when personal injury or property damage results but great bodily injury or death does not result, and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both; (2) a felony when great bodily injury results and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars; or (3) a felony when death results and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars. (B) Any person who complies with subsection (1) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty shall not be liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance. (C) In the case of a reportable accident, the operator or owner of any vessel involved shall file a full description of the accident with the department and provide any information the department may require when requested as part of the investigation within forty-eight hours of the accident. The owner or operator of a watercraft involved must furnish his name, address, and identification of his watercraft in writing to any person injured or the owner of any property damaged in the accident as soon as possible after the collision. In the event an accident results in death, loss of consciousness, or serious bodily injury, the owner or operator immediately shall notify the department. (D) The accident report must be without prejudice, and must be for the information of the department. However, a person alleged to have sustained injury or property damage or alleged to have caused injury or property damage, their attorney, personal representative, or an insurer may obtain a copy of the report. The fact the report has been made is admissible solely to show compliance with this section, but no report or any part or statement contained in the report is admissible as evidence in a civil trial. An insured alleged to be responsible for the accident cannot be reimbursed for property damages until the report is filed. (E) The department shall administer a State Casualty Reporting System which shall be in conformity with that established by the United States Coast Guard. (F) The department must suspend the privileges of a person convicted under this section for: (1) two years if the operator of a vessel is convicted of not rendering assistance to persons affected in a collision, accident, or other casualty; (2) one year if the operator of a vessel is convicted of not reporting a boating accident; (3) a person's privilege to operate a watercraft shall not be reinstated until the person attends and completes a boating safety education program approved by the department. The person required to attend the class shall reimburse the department for the expense of the program. (G) The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed.

Legislative History

HISTORY: 1962 Code SECTION 70-295.13; 1955 (49) 299; 1959 (51) 409; 1961 (52) 588; 1972 (57) 2791; 1974 (58) 2678; 1993 Act No. 181, SECTION 1269; 1999 Act No. 124, SECTION 2.L; 2008 Act No. 321, SECTION 2, eff 6 months after approval (approved June 16, 2008). Effect of Amendment The 2008 amendment, in subsection (A), in the first sentence deleted ", and guests," following "passengers"; and rewrote subsections (C) and (D). SECTIONS 50-21-132 to 50-21-139. Repealed by 2008 Act No. 321, SECTION 6, eff 6 months after approval (approved June 16, 2008). Editor's Note Former SECTION 50-21-132 was entitled "Lake Moultrie no wake zone established; boundaries" and was derived from 2000 Act No. 276, SECTION 1. Former SECTION 50-21-133 was entitled "Sullivan's Island and Combahee River no wake zones established; penalty" and was derived from 1999 Act No. 124, SECTION 1; 2000 Act No. 385, SECTION 1. Former SECTION 50-21-135 was entitled "Ashley River no wake zone established" and was derived from 1991 Act No. 160, SECTION 1; 1993 Act No. 181, SECTION 1269. Former SECTION 50-21-136 was entitled "Hilton Head Island no wake zones established; offense; punishment" and was derived from 1998 Act No. 361, SECTION 1; 1999 Act No. 100, Part II, SECTION 101; 1999 Act No. 124, SECTION 49. Former SECTION 50-21-137 was entitled "No wake zone on Ashley River near certain historic sites" and was derived from 1992 Act No. 344, SECTION 1; 1993 Act No. 181, SECTION 1269. Former SECTION 50-21-138 was entitled "No wake zone on Lucy Point Creek" and was derived from 1999 Act No. 124, SECTION 3. Former SECTION 50-21-139 was entitled "No wake zone established in Tail Race Canal" and was derived from 1990 Act No. 402, SECTION 1; 1993 Act No. 181, SECTION 1269.