NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 652

HOUSE BILL 1060

 

 

AN ACT TO PROVIDE NEW RULES OF EVIDENCE IN REGARD TO THE AGENCY OF THE OPERATOR OF A MOTORBOAT OR VESSEL INVOLVED IN ANY ACCIDENT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  There is hereby added to Chapter 75A of the General Statutes a new section to read as follows:

"(a)       In all actions to recover damages for injury to the person or to property or for the death of a person, arising out of an accident or collision involving motorboats or vessels as said terms are described in Section 75A-2, proof of ownership of such motorboat or vessel at the time of such accident or collision shall be prima facie evidence that said motorboat or vessel was being operated and used with the authority, consent and knowledge of the owner in the very transaction out of which said injury or cause of action arose.

(b)        Proof of the certificate of number stating the number awarded to the motorboat or vessel in the name of any person, firm or corporation as required by this chapter, or proof of the licensing, registration, or documentation of said motorboat or vessel as required by other state or federal law in the name of any person, firm or corporation, shall for the purpose of any such action, be prima facie evidence of ownership and that said motorboat or vessel was then being operated by and under the control of a person for whose conduct the owner was legally responsible, for the owner's benefit, and within the course and scope of his employment."

Sec. 2.  This act shall become effective July 1, 1971.

In the General Assembly read three times and ratified, this the 22nd day of June, 1971.