§ 42-8-58 — Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.

The operator of a boat on public waters shall, in the case of a collision or an accident resulting in damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident or resulting in death or injury to a person, immediately, by the quickest means of communication, give notice of the collision or accident to the nearest conservation officer or other law enforcement officer. The officer shall file with the Department of Game, Fish and Parks a full description of the collision or accident upon forms provided by the department and available from any state or county law enforcement agency. Notice of the collision or accident is not required of any person who is physically incapable of giving immediate notice during the period of such incapacity. If the operator of the boat is physically incapable of giving an immediate notice of a collision or accident and there was another occupant in the boat at the time of the collision or accident capable of doing so, such occupant shall make or cause to be given the notice not given by the operator. The secretary of game, fish and parks may investigate the circumstances of the accident. Any operator or occupant who fails to file a notice as required by this section is guilty of a Class 2 misdemeanor.

Legislative History

SL 1959, ch 125, § 10; SDC Supp 1960, § 25.1410 (2); SL 1975, ch 267; SL 1983, ch 303, § 6; SL 1991, ch 186, § 52; SL 1991, ch 361; SL 1994, ch 335, § 25; SL 1997, ch 246, § 1; SL 2000, ch 213, § 1; SL 2003, ch 168, § 2.