Before you tie up
- Stop as close to the scene as possible if anyone is hurt or killed.
- Help as far as you safely can and give your name, address and boat identification.
- Report deaths, disappearances and injuries needing more than first aid within 48 hours.
- Report other injuries and damage of $2,000 or more within 10 days.
Collisions and accidents are rare in a well-run harbor, but they happen: a misjudged approach in a crowded marina, a wake in a narrow channel, a fall aboard. Maryland’s State Boat Act sets out what the operator must do afterwards in section 8-724 of the Natural Resources Article. The duties are simple, the penalties for ignoring them are serious, and the reporting deadlines are short.
Duty to stop
The operator of a vessel involved in a collision, accident or other casualty that results in bodily injury to another person, or in another person’s death, must immediately stop the vessel as close as possible to the scene so as to carry out the duties described below.
Duty to help and identify yourself
The operator of a vessel involved in a collision, accident or other casualty must:
- render all practical and necessary assistance to the people affected, to save them from danger caused by the incident, as far as the operator can without serious danger to their own vessel or the people aboard; and
- give their name, address and the identification of their vessel to any person injured and to the owner of any property damaged.
These duties apply in addition to any other duties imposed by law.
Penalties for not stopping or helping
| Failure | Maximum penalty under section 8-724 |
|---|---|
| Not stopping after an accident causing injury | 1 year and/or $3,000 (misdemeanor) |
| Not stopping after an accident causing death | 5 years and/or $5,000 (misdemeanor) |
| Not stopping when serious injury was foreseeable and occurred | 5 years and/or $5,000 (felony) |
| Not stopping when death was foreseeable and occurred | 10 years and/or $10,000 (felony) |
| Not helping or not giving identification | 2 months and/or $500 (misdemeanor) |
The statute defines serious bodily injury as an injury that creates a substantial risk of death or causes serious permanent or protracted disfigurement, loss of function or impairment.
Reporting to the state
If an accident on Maryland waters involving a vessel subject to the State Boat Act results in the death, disappearance or injury of any person, property damage of $2,000 or more, or the complete loss of the vessel, the operator must file a full description of the accident with the Department of Natural Resources. If the operator cannot, the owner must.
| What happened | Report within |
|---|---|
| Death or disappearance of any person | 48 hours |
| A person received medical treatment beyond first aid | 48 hours |
| Any other personal injury or property damage, including damage to aids to navigation | 10 days |
A Maryland-numbered boat involved in an accident outside Maryland that causes death, disappearance, injury or damage of $2,000 or more must also be reported to the Department within 30 days, in addition to any report required where the accident happened.
Tip: Write down what happened while it is fresh: time, place, weather, the other boat’s name and number, and who was at the helm. Photos of both boats and the scene help everyone later.
In the marina
Accidents can happen close to the dock, in the tight space of a marina fairway. The same duties apply there. Tell the marina office too, since damage to docks, pilings or other boats will concern the marina and its insurer, and your slip agreement may require prompt notice; see What a Boat Slip Agreement Should Say.
Alcohol and accidents
If alcohol or drugs are involved, the penalties in section 8-738 may also apply, and a court can prohibit a person from operating a vessel for up to five years if a violation results in someone’s death. See Boating Under the Influence in Maryland.
After the report
Filing the report with the state does not settle who pays. Damage to your boat, another boat or a dock is a matter between the owners and their insurers, and possibly the courts. Tell your insurer promptly and follow its instructions, keep copies of everything you send the state, and do not sign statements about fault at the scene. If anyone was hurt or the damage is large, talk to a lawyer before giving detailed statements to the other side.
Keep the boat’s paperwork in order afterwards too. If a boat is so badly damaged that it is sold or scrapped, its Maryland certificate of number expires at the time of the sale, transfer, loss or destruction, and the title has to be dealt with properly; see Registering and Titling a Boat in Maryland.
Before it happens
- Keep your registration and the operator’s boating safety certificate aboard.
- Carry the required life jackets and signals; see Life Jackets and Required Safety Equipment for Recreational Boats.
- Save the Department of Natural Resources and your marina’s numbers in your phone.
- Know your VHF channels: marinas publish the channel they monitor.