Bill Text: CA SB457 | 2013-2014 | Regular Session | Chaptered
Bill Title: Vessels: collisions and accidents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 165, Statutes of 2013. [SB457 Detail]
Download: California-2013-SB457-Chaptered.html
BILL NUMBER: SB 457 CHAPTERED
BILL TEXT
CHAPTER 165
FILED WITH SECRETARY OF STATE AUGUST 27, 2013
APPROVED BY GOVERNOR AUGUST 27, 2013
PASSED THE SENATE MAY 20, 2013
PASSED THE ASSEMBLY AUGUST 8, 2013
AMENDED IN SENATE APRIL 30, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Monning
FEBRUARY 21, 2013
An act to amend Section 656 of the Harbors and Navigation Code,
relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
SB 457, Monning. Vessels: collisions and accidents.
Existing law regulates the operation and equipment of vessels
subject to the jurisdiction of this state. Existing law specifies
that it is the duty of the operator of a vessel involved in a
collision, accident, or other casualty, so far as the operator can do
so without serious danger to his or her own vessel, crew, and
passengers, to render assistance to other persons affected by the
collision, accident, or other casualty as may be practicable and
necessary to save those persons from, or minimize any, danger caused
by the collision, accident, or other casualty. Existing law further
requires the owner, operator, or other person on board a vessel
involved in a casualty or accident to report the casualty or accident
in accordance with regulations adopted by the Department of Boating
and Waterways.
The bill would require that any public agency that is under
contract with the department to receive law enforcement grant funds
from the department, pursuant to regulations adopted by the
department, complete and submit to the department a report for any
boating accident to which it responds or for which it receives a
report. The bill would make any public agency that fails to comply
with that reporting requirement ineligible to receive any future law
enforcement grant funds from the department for up to 5 fiscal years
following the date of the failure to submit an accident report,
except upon a showing of good cause by that public agency. The bill
would require the department to use reasonable means to obtain from
the public agency a complete report for any boating accident to which
it responds or for which it receives a report. The bill would
further require the department to use reasonable means to notify the
public agency of the failure to submit a report prior to the
department's determination that the public agency is ineligible to
receive future grant funds.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 656 of the Harbors and Navigation Code is
amended to read:
656. (a) It is the duty of the operator of a vessel involved in a
collision, accident, or other casualty, so far as the operator can
do so without serious danger to his or her own vessel, crew, and
passengers, to render to other persons affected by the collision,
accident, or other casualty that assistance that is practicable and
necessary in order to save them from, or minimize any, danger caused
by the collision, accident, or other casualty.
(b) Any person who complies with subdivision (a) or Section 656.1,
656.2, or 656.3 or who gratuitously and in good faith renders
assistance at the scene of a vessel collision, accident, or other
casualty without objection by any person assisted, shall not be held
liable for any civil damages sought 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, if the
assisting person has acted as an ordinary, reasonably prudent person
would have acted under the same or similar circumstances.
(c) (1) An individual employee of a public entity engaged in
rescue pursuant to this code shall not be a proper party defendant
and shall be dismissed on motion, unless the employee has violated a
statute other than a statute creating a general obligation to rescue
or is guilty of oppression, fraud, malice, or the conscious disregard
of the safety of others.
(2) The public entity employing such an individual shall be liable
in civil damages if the individual employee has failed to act as a
reasonably prudent person would have acted under the same or similar
circumstances.
(3) If a public entity has given a reasonable printed, electronic,
or verbal warning of the danger causing the distress that created
the necessity for the rescue, and there has been a reasonable
opportunity for the party in distress to receive the warning, the
public entity is liable only for acts or omissions of its employee
that were taken in a grossly negligent manner.
(d) The owner, operator, or other person who is on board a vessel
involved in a casualty or accident shall report the casualty or
accident in accordance with regulations adopted by the department.
The department shall adopt regulations to maintain a uniform casualty
and accident reporting system for vessels subject to this code in
conformity with federal casualty and accident reporting regulations
promulgated by the United States Coast Guard or any successor to
those regulations. Consistent with Public Law 92-75 and the federal
regulations contained in Part 173 of Title 33 of the Code of Federal
Regulations, a peace officer or harbor police officer upon receiving
an initial report of a casualty involving the death or disappearance
of a person as a result of a boating accident, shall immediately
forward the report, by quickest means available, to the department.
(1) A public agency that is under contract with the department to
receive law enforcement grant funds from the department shall,
pursuant to regulations adopted by the department, complete and
submit to the department a report for any boating accident to which
it responds or for which it receives a report.
(2) A public agency that has received any law enforcement grant
funds from the department that does not submit an accident report as
required under paragraph (1) shall be determined by the department to
be ineligible to receive future grant funds for up to five fiscal
years following the date of the failure to submit a report, except
upon a showing of good cause by that public agency.
(3) The department shall use reasonable means to do both of the
following:
(A) Obtain from a public agency any complete report required to be
submitted pursuant to paragraph (1).
(B) Notify a public agency of the failure to submit a report
required under paragraph (1) before taking action pursuant to
paragraph (2).
(e) Neither the report required by this section nor any action
taken by the department with regard to the report shall be referred
to in any way, or be any evidence of negligence or due care of any
party, at the trial of any action at law to recover damages.
(f) All required accident reports, and supplemental reports, shall
be without prejudice to the individual so reporting and shall be for
the confidential use of the department and any peace officer
actually engaged in the enforcement of this chapter, except that the
department shall disclose the names and addresses of persons involved
in, or witnesses to, an accident, the registration numbers and
descriptions of vessels involved, and the date, time, and location of
an accident to any person who may have a proper interest in that
information, including the operator involved or the legal guardian of
that operator, the parent of a minor operator, the authorized
representative of an operator, or any person injured, and the owners
of vessels or property damaged, in the accident.
(g) This section applies to foreign vessels, military or public
recreational-type vessels, vessels owned by a state or subdivision of
a state, and ship's lifeboats otherwise exempted from this chapter
pursuant to Section 650.1.
