WSR 08-24-004

PERMANENT RULES

PARKS AND RECREATION

COMMISSION

[ Filed November 20, 2008, 10:32 a.m. , effective December 21, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The amendments update the commission's rules on boating accident reporting by providing technical updating needed to bring the rules into compliance with federal boating accident reporting requirements. The amended rules will increase the current accident reporting threshold from $500.00 to $2,000.00.

Citation of Existing Rules Affected by this Order: Amending chapter 352-70 WAC, The state boating accident reporting program, WAC 352-70-020, 352-70-030, 352-70-035, 352-70-040, 352-70-050, and 352-70-060.

Statutory Authority for Adoption: Chapter 79A.05 RCW, Parks and recreation commission, including RCW 79A.05.030 and 79A.05.070 and chapter 79A.60 RCW, Regulation of recreational vessels.

Adopted under notice filed as WSR 08-20-003 on September 17, 2008.

Changes Other than Editing from Proposed to Adopted Version: In WAC 352-70-020(5) the proposed change in text: "for recreational use" has been deleted. In WAC 352-70-050(1) the word "or" has been replaced with "and."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 4, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 13, 2008.

J. M. French

Chief of Policy Research

and Program Development

OTS-1870.4


AMENDATORY SECTION(Amending WSR 01-02-021, filed 12/21/00, effective 1/21/01)

WAC 352-70-020   What words and phrases are used in the state boating accident reporting program?   Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

(1) "Commission" means the Washington state parks and recreation commission.

(2) "Operator" means an individual who steers, directs, or otherwise has control of a vessel that is underway or exercises actual authority to control the person at the helm.

(3) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

(4) "Use" means operate, navigate, or employ.

(5) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

(6) "Waters of Washington state" means any waters within the territorial limits of Washington state.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, 352-70-020, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, 352-70-020, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), 352-70-020, filed 12/19/83.]


AMENDATORY SECTION(Amending WSR 01-02-021, filed 12/21/00, effective 1/21/01)

WAC 352-70-030   Which vessels are subject to the state boating accident reporting program?   (1) The requirements for reporting boating accidents apply to each vessel used on the waters of Washington state that:

(a) Is used by its operator for recreational purposes; or

(b) Is required to register in accordance with chapter 88.02 RCW.

(2) This chapter does not apply to each vessel ((required to have a certificate of)) subject to inspection ((in accordance with chapter I, Title 46, Code of Federal Regulations)) under U.S. Code Title 46 Chapter 33 INSPECTION GENERALLY.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, 352-70-030, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 84-01-060 (Order 73), 352-70-030, filed 12/19/83.]


AMENDATORY SECTION(Amending WSR 01-02-021, filed 12/21/00, effective 1/21/01)

WAC 352-70-035   Who is required to submit a boating accident report and under what conditions?   (1) The operator of the vessel must submit a boating accident report when the vessel or its equipment is involved in an occurrence that results in any of the conditions found in subsection (3) of this section.

(2) When the operator of the vessel cannot submit the boating accident report required by this section, the owner shall submit the report, and, if the owner cannot submit the report, the law enforcement agency that has jurisdiction where the accident occurred shall submit the report on behalf of the owner.

(3) A boating accident report is required to be submitted as specified in subsections (1) and (2) of this section whenever any of the following conditions involving a vessel or its equipment has occurred:

(a) A person dies;

(b) A person is injured and requires medical treatment beyond first aid;

(c) ((A vessel, or)) Damage to vessels and other property ((sustain damage totaling)) totals two thousand dollars or more ((than five hundred dollars));

(d) A vessel is a complete loss; or

(e) A person disappears from the vessel under circumstances that indicate death or injury.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, 352-70-035, filed 12/21/00, effective 1/21/01.]


AMENDATORY SECTION(Amending WSR 01-02-021, filed 12/21/00, effective 1/21/01)

WAC 352-70-040   How does the operator of a vessel report a boating accident?   The operator of a vessel involved in a boating accident or the owner of the vessel reporting for the operator must complete and submit a written boating accident report to the law enforcement agency that has jurisdiction where the accident occurred within the specified times listed here:

(1) Within forty-eight hours of the occurrence if a person dies within twenty-four hours of the accident;

(2) Within forty-eight hours of the occurrence if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and

(3) Within ten days of the occurrence or death for all other boating accident reports.

(4) All reports must be submitted on the state boating accident report form published by the commission as defined in WAC 352-70-050.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, 352-70-040, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, 352-70-040, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), 352-70-040, filed 12/19/83.]


AMENDATORY SECTION(Amending WSR 01-02-021, filed 12/21/00, effective 1/21/01)

WAC 352-70-050   What information must be provided on the state boating accident report form?   The state boating accident report form published by the commission must be completed in writing, signed and dated by the person completing it and must contain the following information about the boating accident:

(1) The registration numbers ((or)) and names as documented of each vessel involved.

(2) The name and address of each owner of each vessel involved.

(3) The name of the nearest city or town, the county, the state, and the body of water.

(4) The time and date the accident occurred.

(5) The location on the water.

(6) The visibility, weather, and water conditions.

(7) The estimated air and water temperatures.

(8) The name, address, age, or date of birth, telephone number, vessel operating experience, and boating safety training of the operator of the vessel ((of the person)) making the report.

(9) The name and address of each operator of each other vessel involved.

(10) The number of persons on board and towed on skis by each vessel.

(11) The name, address, and date of birth of each person who was injured ((or killed)), died, or disappeared.

(12) The cause of each death.

(13) Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel.

(14) The name and address of each owner of property involved.

(15) The number, availability, and use of personal flotation devices.

(16) The type and amount of each fire extinguisher used.

(17) The nature and extent of each injury.

(18) A description of all property damage and vessel damage with an estimate of the cost of all repairs.

(19) A description of each equipment failure that caused or contributed to the cause of the accident.

(20) A description of the vessel accident.

(21) The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other) and the type of accident (capsizing, sinking, fire, explosion, or other).

(22) The opinion of the person making the report as to the cause of the accident including whether or not alcohol or drugs, or both, was a cause or contributed to causing the accident.

(23) The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horse power, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year) of the vessel of the person making the report.

(24) The name, address, and telephone number of each witness.

(25) The manufacturer's hull identification number, if any, of the vessel of the person making the report.

(26) The name, address, and telephone number of the person submitting the report.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, 352-70-050, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, 352-70-050, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), 352-70-050, filed 12/19/83.]


AMENDATORY SECTION(Amending WSR 01-02-021, filed 12/21/00, effective 1/21/01)

WAC 352-70-060   How is a boating accident report submitted to the commission?   The law enforcement agency that has jurisdiction where a boating accident occurs must submit the state boating accident report form within ten days of receiving, or completing the report to the commission at the following address:


Washington State Parks and

Recreation Commission

Boating Programs

((7150 Cleanwater Lane))

1111 Israel Road

P.O. Box 42654

Olympia, Washington 98504-2654

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, 352-70-060, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, 352-70-060, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), 352-70-060, filed 12/19/83.]

Washington State Code Reviser's Office