Title 33 — Title 33
0 chapters · 531 sections in this title.
Ala. Code § 33-5-64 Duplicates for Lost or Destroyed Certifications; Fees
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(a) If any boater safety certification issued under this article is lost or destroyed, the secretary may issue a duplicate to the person under the following conditions: (1) Upon application for a first duplicate, the person shall pay a fee of five dollars ($5) and furnish proof t…
Ala. Code § 33-5-65 Reinstatement of Certification Following Cancellation, Suspension, or
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Revocation. (a) Any person whose boater safety certification has been cancelled, suspended, or revoked, upon application for reinstatement of the certification, shall pay to the secretary a fee of fifty dollars ($50) for each cancellation, suspension, or revocation action. An add…
Ala. Code § 33-5-66 Violations; Penalties
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(a) Any person of whom a boater safety certification is required who operates a motorized vessel on the waters of this state without first complying with this article or the rules adopted thereunder shall be guilty of a boating violation. (b) Any person who knowingly gives permis…
Ala. Code § 33-5-66.1 Appearance Upon Arrest for an Offense Committed on the Waters of the
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State. (a) For purposes of this section, an electronic boating traffic ticket, or “e-ticket,” is defined as a ticket that is generated and printed at the site of an offense committed on the waters of this state, as defined under Section 33-5-3, after the violation has been electr…
Ala. Code § 33-5-66.2 Rulemaking Authority; Schedule of Fines; Uniform Boating Traffic Ticket
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and Complaint. It is the intent of the Legislature, in implementing this chapter, that the Alabama Supreme Court adopts rules pursuant to its authority under Section 150 of the Constitution of Alabama of 2022, to adopt a schedule of fines for boating violations, and to adopt a Un…
Ala. Code § 33-5-67 Operation While Certification Is Cancelled, Suspended, or Revoked
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Prohibited; Penalties. Any person whose boater safety certification or vessel operator’s certification issued in this or another state or whose vessel operating privilege as a nonresident has been cancelled, suspended, or revoked, as provided in this article, and who operates any…
Ala. Code § 33-5-68 Application Fee; Retention by Department
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(a) Every applicant for an original boater safety certification shall be required to pay an application fee of five dollars ($5) to the secretary upon applying to the person designated by the secretary to conduct examinations in the county of the applicant’s residence. The five d…
Ala. Code § 33-5-69 Flotation Device; Exceptions
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(a) It shall be the duty of the parent or guardian of any child under eight years of age on board any vessel or boat of any kind on the waters of this state to require the child to wear at all times a United States Coast Guard approved wearable personal flotation device of proper…
Ala. Code § 33-5-7 Records Kept Pursuant to Article
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All records of ALEA or any probate judge or license commissioner made or kept pursuant to this article shall be public records, except confidential reports and except accident reports as set out in this article. History: (Acts 1959, No. 576, p. 1442, §12; Act 2023-363,§1.)
Ala. Code § 33-5-70 Reckless Operation of Vehicle; Careless Operation; Violation of Rules;
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Penalties. (a) It is unlawful to operate a vessel in a reckless manner upon the waters of this state. A person is guilty of the reckless operation of a vessel if the person operates any vessel, or manipulates any water skis, aquaplane, or other marine transportation device, upon …
Ala. Code § 33-5-71 Obstruction of Operator’s View Prohibited
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(a) It shall be unlawful for the operator of a vessel, when the vessel is operated at or above plane speed, to position or allow the positioning of, persons or equipment, including but not limited to, seats, coolers, tackle, ski, and tubing devices, in a manner that would obstruc…
Ala. Code § 33-5-72 Engine Cut-Off Switch and Engine Cut-Off Switch Link
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(a) As used in this section, the following terms have the following meanings: (1) COVERED RECREATIONAL VESSEL. A recreational vessel that meets both of the following requirements: a. Measures less than 26 feet in overall length. b. Is capable of developing 115 pounds or more of s…
Ala. Code § 33-5-73 Operation of Vessel in Excess of Speed Zone Prohibited
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(a) No person may operate a vessel on the waters of this state in excess of a speed zone, including a no-wake zone, established by the secretary. The secretary may establish speed zones, including no-wake zones, in areas on the waters of this state. (b) A person who violates this…
Ala. Code § 33-5-74 Markers, Signs, and Buoys; Mooring or Fastening Vessel Prohibited;
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Damaging, Altering, or Moving Prohibited; Violations. (a) Except in case of emergency, no person shall moor or fasten a vessel to a lawfully placed aid-to-navigation marker, sign, or buoy, regulatory marker, sign, or buoy, or area boundary marker, sign, or buoy, placed or execute…
Ala. Code § 33-5-75 Authority of Commissioner of Conservation and Natural Resources to
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Cancel Certification or to Suspend or Revoke Privilege of Operating Vessel; Procedures. (a) The secretary may cancel any boater safety certification upon determining that the holder of the certification was not entitled to the issuance or that the holder failed to give the correc…
Ala. Code § 33-5-76 Authority to Arrest at Scene of Boating Accident
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A uniformed police officer, state trooper, state law enforcement officer, state marine police officer, county sheriff, a deputy, or a member of a municipal police force, may arrest, at the scene of a boating accident, any operator of a boat or vessel involved in the accident if u…
Ala. Code § 33-5-77 Operating a Vessel Powered Beyond the Manufacturer’s Capacity
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Plate; Violations. (a) It shall be unlawful to operate a vessel powered beyond the manufacturer’s capacity plate. (b) Any person violating this section shall be guilty of a boating violation. History: (Acts 1994, No. 94-652, p. 1243, §31; Act 2023-363, §1.)
Ala. Code § 33-5-78 “Vessel” Defined
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REPEALED BY ACT 2023-363. For the purposes of this article, the term “vessel” shall be as defined by Section 33- 5-3. History: (Acts 1994, No. 94-652, p. 1243, §32; Act 2023-363, §6.)
Ala. Code § 33-5-79 Rulemaking Authority
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The secretary may adopt and enforce reasonable and necessary rules to administer and enforce this chapter. History: (Acts 1994, No. 94-652, p. 1243, §33; Act 2023-363, §1.)
Ala. Code § 33-5-8 Commissioner to Supply Information to Federal Agencies
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The secretary shall supply to any authorized official or agency of the United States, upon the agency’s or official’s request and in accordance with any federal law or regulation relative thereto, necessary information pertaining to statistics and reports compiled under this arti…
Ala. Code § 33-5-80 Exemption for Law Enforcement Officers While Performing Their Duties
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Law enforcement officers while performing their duties shall be exempt from this article while enforcing the speeding and regulatory laws pursuant to this article. No law enforcement officer shall be personally exempt from Section 32-5A-191.3. History: (Acts 1994, No. 94-652, p. …
Ala. Code § 33-5-81 Boating Safety as Part of Driver Education Curricula
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The State Department of Education shall require a segment of the approved driver education curricula to include boating safety in Alabama. The boating safety curricula shall be approved in writing by the secretary and the State Superintendent of Education. History: (Acts 1994, No…
Ala. Code § 33-5-9 Vessels to Be Registered and Numbered
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Every vessel on the waters of this state shall be registered and numbered. No person shall operate or give permission for the operation of any vessel on such waters unless the vessel is registered and numbered with the identifying number set forth in the certificate of registrati…