(a)  "Boating Accident" Defined.  For the purpose of this Regulation a "boating accident" means a collision, accident, casualty or occurrence involving a vessel or its equipment and resulting in damage by or to the vessel, its equipment, or other property; in injury or loss of life to any person; or in the disappearance of any person from a vessel under circumstances which indicate the possibility of death or injury.  A "boating accident" includes, but is not limited to, capsizing, collision, foundering, flooding, fire, explosion and the disappearance of a vessel other than by theft.

(b)  Federal Regulations Adopted.  As its regulations governing the reporting of boating accidents and notification of death or disappearance of persons from vessels operating on the waters of this State, the Wildlife Resources Commission incorporates by reference Subpart C of Part 173 of Title 33 of the Code of Federal Regulations, and includes subsequent amendments which will be published in the Federal Register.

(c)  Use of Report.  The accident reports required under Paragraph (b) of this Rule shall be used in developing statistical data as to the causes and frequency of boating accidents, and in transmittal of information as required by G.S. 75A‑12.  No such report shall be admissible as evidence.


History Note:        Authority G.S. 75A‑3; 75A‑11; 113‑307; 33 C.F.R. 174.101 et seq.;

Eff. February 1, 1976;

Amended Eff. November 1, 1999; August 1, 1988; May 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.