(1)  As used in this section, “agent” has the same meaning as provided in Section 41-6a-404.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 73-18-13

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2
  • Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2
  • Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vessel: means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Utah Code 73-18-2
  • Writing: includes :Utah Code 68-3-12.5
(2) 

(a)  It is the duty of the operator of a vessel involved in an accident, if the operator can do so without seriously endangering the operator’s own vessel, crew, or passengers, to render aid to those affected by the accident as may be practicable.

(b)  The operator shall also give the operator’s name, address, and identification of the operator’s vessel in writing to:

(i)  any person injured; or

(ii)  the owner of any property damaged in the accident.

(c)  A violation of this Subsection (2) is a class B misdemeanor.

(3) 

(a)  The division, after notifying the commission, shall adopt rules governing the notification and reporting procedure for vessels involved in accidents.

(b)  The rules shall be consistent with federal requirements.

(4) 

(a)  Except as provided in Subsection (4)(b), all accident reports:

(i)  are protected and shall be for the confidential use of the division or other state, local, or federal agencies having use for the records for official governmental statistical, investigative, and accident prevention purposes; and

(ii)  may be disclosed only in a statistical form that protects the privacy of any person involved in the accident.

(b)  The division shall disclose a written accident report and its accompanying data to:

(i)  a person involved in the accident, excluding a witness to the accident;

(ii)  a person suffering loss or injury in the accident;

(iii)  an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i) and (ii);

(iv)  a member of the press or broadcast news media;

(v)  a state, local, or federal agency that uses the records for official governmental, investigative, or accident prevention purposes;

(vi)  law enforcement personnel when acting in their official governmental capacity; and

(vii)  a licensed private investigator.

(c)  Information provided to a member of the press or broadcast news media under Subsection (4)(b)(iv) may only include:

(i)  the name, age, sex, and city of residence of each person involved in the accident;

(ii)  the make and model year of each vehicle involved in the accident;

(iii)  whether or not each person involved in the accident was covered by a vehicle insurance policy;

(iv)  the location of the accident; and

(v)  a description of the accident that excludes personal identifying information not listed in Subsection (4)(c)(i).

(5) 

(a)  Except as provided in Subsection (5)(c), an accident report may not be used as evidence in any civil or criminal trial, arising out of an accident.

(b)  Upon demand of any person who has, or claims to have, made the report, or upon demand of any court, the division shall furnish a certificate showing that a specified accident report has or has not been made to the division solely to prove a compliance or a failure to comply with the requirement that a report be made to the division.

(c)  Accident reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of Subsection (6).

(6)  Any person who gives false information, knowingly or having reason to believe it is false, in an oral or written report as required in this chapter, is guilty of a class B misdemeanor.

Amended by Chapter 68, 2022 General Session