AUGUSTA – A law that takes effect this fall makes it a crime to not report a snowmobile, all terrain vehicle or boating accident that causes injury or death or to leave the scene of that accident.
“This definitely does close a loophole,” said Col. Tom Santaguida, chief of the Bureau of Warden Service. “It’s not likely that we will have to use this law with much frequency in the future, thankfully. But this definitely gives us in law enforcement a tool we don’t have now.”
He said the new law will require a person to provide assistance to the victim of the accident and immediately report the accident to law enforcement authorities. He said the measure is drafted to take into account a person in the wilderness on a snowmobile or ATV may have to leave the victim in order to get help and report the accident.
“This makes it a felony,” he said, “to leave the scene and not report the accident when you know you have had an accident.”
Leaving the scene is a Class E crime that carries a penalty of up to a year in jail. The new law establishes a Class C crime if a person “intentionally, knowingly or recklessly” fails to report an accident. That carries a penalty of up to five years in prison.
Rep. Nancy Smith, D-Monmouth, sponsored the legislation after the death of a man walking on Sabattus Lake that was struck by a snowmobile and left on the ice to die.
“He was just out on the lake for a walk and he was hit, run over and dragged by a snowmobile,” Smith said. “The guy on the snowmobile panicked and ran away.”
The man killed in December 2002 was Robert Levesque of Wales. Steven Davies, the operator of the snowmobile who hit Levesque, fled the scene and later pleaded guilty to failing to report the accident and was sentenced to less than a year in jail.
“The family was frustrated, the game warden was frustrated, and I was frustrated to hear this,” Smith said.
Santaguida said he shared Smith’s concerns and worked with her to write a law modeled on an existing one dealing with hunting accidents. It requires a person involved in a hunting accident to render aid to the victim and report the accident.
“We looked at the other areas and drafted the legislation to cover all of them, not just snowmobiles, “he said. “This covers watercraft and ATVs as well.”
He said current laws have a vague reference to a boat involved in an accident being required to “stand by and render assistance,” but it is not specific and does not have criminal penalties.
“Some of that language came from old Coast Guard regulations that we adapted,” he said. “It’s clear we needed to do more and this does definitely close a loophole in our current laws.”
The legislation was approved unanimously by the Legislature’s Inland Fisheries and Wildlife Committee and met no opposition at the public hearing or in the Legislature.
“This is a classic example of a law that shouldn’t have to be a law,” said Bob Meyers, executive director of the Maine Snowmobile Association. He said his group strongly supported the measure.
The new law takes effect in September.
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