88.46.100 - Notification of accidents and near miss incidents.

Notification of accidents and near miss incidents.

(1) In order to assist the state in identifying areas of the navigable waters of the state needing special attention, the owner or operator of a covered vessel shall notify the coast guard within one hour:

     (a) Of the disability of the covered vessel if the disabled vessel is within twelve miles of the shore of the state; and

     (b) Of a collision or a near miss incident within twelve miles of the shore of the state.

     (2) The state military department and the department shall request the coast guard to notify the state military department as soon as possible after the coast guard receives notice of a disabled covered vessel or of a collision or near miss incident within twelve miles of the shore of the state. The department shall negotiate an agreement with the coast guard governing procedures for coast guard notification to the state regarding disabled covered vessels and collisions and near miss incidents.

     (3) The department shall prepare a summary of the information collected under this section and provide the summary to the regional marine safety committees, the coast guard, and others in order to identify problems with the marine transportation system.

     (4) For the purposes of this section:

     (a) A tank vessel or cargo vessel is considered disabled if any of the following occur:

     (i) Any accidental or intentional grounding;

     (ii) The total or partial failure of the main propulsion or primary steering or any component or control system that causes a reduction in the maneuvering capabilities of the vessel;

     (iii) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service, including but not limited to, fire, flooding, or collision with another vessel;

     (iv) Any other occurrence that creates the serious possibility of an oil spill or an occurrence that may result in such a spill.

     (b) A barge is considered disabled if any of the following occur:

     (i) The towing mechanism becomes disabled;

     (ii) The towboat towing the barge becomes disabled through occurrences defined in (a) of this subsection.

     (c) A near miss incident is an incident that requires the pilot or master of a covered vessel to take evasive actions or make significant course corrections in order to avoid a collision with another ship or to avoid a grounding as required by the international rules of the road.

     (5) Failure of any person to make a report under this section shall not be used as the basis for the imposition of any fine or penalty.

[2000 c 69 § 10; 1995 c 391 § 9; 1991 c 200 § 423.]

Notes: Effective date -- 1995 c 391: See note following RCW 38.52.005.