Title 33 — Title 33

It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of vessels used on the waters of this state and to promote uniformity of laws relating thereto. History: (Acts 1959, No. 576, p. 1442, §1.)

Disposition of Funds. (Amended by 2026-45) [Effective until January 1, 2027.] AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) The secretary shall issue annual certificates of registration directly and shall authorize all judges of probate in …

Registration Information; Forfeiture. (a) As used in this section, the following words have the following meanings: (1) FALSIFY. The term includes alter and forge. (2) IDENTIFIABLE COMPONENT PART. The term includes any part of a vessel or outboard motor that has an identifying nu…

Issuance of Certificate and Number; Certificate Requirements; Distinctive Identification Stickers; Replacement Stickers; Fees; Rules. (a) The owner of each vessel requiring numbering by this state shall file an application for a number with the probate judges’ offices, or license…

System. The numbering system employed pursuant to this chapter shall be determined by the secretary by rule. If an agency of the United States government has in force an overall system of identification numbering for vessels within the United States, any numbering system used sha…

Certificates and Licenses. (Amended by 2026-45) [Effective until January 1, 2027.] AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) Every certificate and license as provided for in this article is to be issued on a yearly basis and said certif…

and Dealers’ Vessels. (Amended by 2026-45) [Effective until January 1, 2027.] AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) The description of the vessel of a manufacturer or dealer shall be omitted from the certificate since the number awa…

Change of Ownership. (a) Any vessel already covered by a number in full force and effect which has been awarded to it pursuant to the operative federal law or federally approved numbering system of another state may be operated on the waters of this state for a period of 90 conse…

or Destruction or Abandonment of Vessel; Change of Address; Duplicate Registration Certificates. (a) The owner shall furnish the secretary notice of the transfer of all or any part of his or her interest other than the creation of a security interest in a vessel numbered in this …

Vessels; Registration Fees. (Amended by 2026-45) [Effective until January 1, 2027.] AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) Vessels subject to this article shall be classified according to the following schedule and annual fees charge…

Number to Be Used. No number other than the number awarded to the vessel or granted reciprocity pursuant to this article shall be painted, attached or otherwise displayed on either side of the bow of such vessel. History: (Acts 1959, No. 576, p. 1442, §15.)

Numbering Provisions of Article. A vessel shall not be required to be numbered under this article if it is: (1) A vessel operating under valid temporary certificate or number; (2) Already covered by a number in full force and effect which has been awarded to it pursuant to federa…

The provisions of this article shall be applicable to all vessels as herein defined, navigating the waters within the jurisdiction of this state, except where inconsistent with any laws or regulations of the United States, in which case such laws or regulations shall prevail. His…

(a) (1) The sheriffs of this state may be designated as special agents to sell boat licenses. (2) The secretary may appoint other special agents to sell boat licenses; provided, however, that any special agent appointed pursuant to this subdivision shall be bonded for not less th…

(a) The Alabama State Law Enforcement Agency may inspect at any reasonable time all boats owned or controlled by a livery operator for the purpose of ascertaining their seaworthiness and safety. (b) In the event any boat owned or used by the livery operator for rental purposes is…

Carburetor. (a) Every vessel, while being operated on the waters of this state, shall be equipped with reasonable safety devices and navigation lights in accordance with rules adopted by the secretary. No person shall operate or give permission for the operation of a vessel that …

REPEALED BY ACT 2023-363, EFFECTIVE JANUARY 1, 2024. (a) For the purposes of this section “sailboard” means any sailboat whose unsupported mast is connected by a snivel or a flexible universal joint to a hull similar to the hull of a surfboard. (b) Any law, rule or regulation to …

(a) The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for vessels competing in a regatta or of…

(a) The operator of a vessel involved in a collision, accident, incident, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, if any, shall render to other persons affected by the collision, accident, incident, o…

(a) No person may operate a vessel on any waters of this state for towing a person or persons on water skis, an aquaplane, or any other recreational device, unless, in addition to the operator, there is another person in the vessel who is at least 12 years of age and is observing…

(a) This section shall apply only to the waters of the state impounded by Lewis Smith Dam (Lewis Smith Lake), to the waters of the state impounded by R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir), to the waters of the state impounded by Martin Dam (Lake Martin), to …

(a) The secretary shall adopt and may amend rules concerning the safety of vessels and persons observing or participating in any regatta, motorboat, or other boat race, marine parade, tournament, or exhibition. (b) Any person sponsoring a regatta, motorboat, or other boat race, m…

The secretary shall adopt rules necessary for the administration of this article. History: (Acts 1959, No. 576, p. 1442, §28; Act 2023-363, §1.)

REPEALED BY ACT 2023-363, EFFECTIVE JANUARY 1, 2024. A copy of the regulations adopted pursuant to this article, and of any amendments thereto, shall be filed in the office of the secretary of state, and in the office of the Department of Conservation and Natural Resources. Rules…

As used in this chapter, the following terms have the following meanings, unless the context clearly requires a different meaning: (1) ALEA. The Alabama State Law Enforcement Agency. (2) BOATING VIOLATION. An offense committed on the waters of this state, which does not amount to…

All rules adopted under this article by the secretary shall be admitted as evidence in the courts of this state when accompanied by an affidavit from the secretary certifying that the rule has been lawfully adopted and the affidavit shall be prima facie evidence of proper adoptio…

(a)(1) This chapter, rules adopted pursuant thereto, and other general laws of this state shall govern the operation, equipment, numbering and all other matters relating to the operation of a vessel on the waters of this state. (2) Nothing in this chapter shall be construed to pr…

District courts of any county of this state shall have and are hereby given final jurisdiction to try and convict persons violating this chapter or the rules adopted thereunder, subject to any proper appeal; and they shall remit to the secretary, on or before the tenth day of eac…

REPEALED BY ACT 2023-363. In all misdemeanor cases for violations of the provisions of this article and regulations promulgated thereunder, and in all misdemeanor cases for violation of future laws, the enforcement of which is assigned to the Marine Police Division of the State D…

Certain Traffic Infractions. Notwithstanding any other law to the contrary, in all criminal and quasi-criminal proceedings against a defendant for a boating violation, when a defendant is adjudged guilty or pleads guilty or is adjudicated a juvenile delinquent or youthful offende…

(a) Any person convicted of violating this chapter, except as otherwise provided, shall be guilty of a boating violation and shall be sentenced by the court to any of the following: (1) Imprisonment in the county jail for not more than 30 days. (2) Payment of a fine of not more t…

The secretary, by rule, may establish a system for issuing warning citations. History: (Acts 1959, No. 576, p. 1442, §34; Act 2023-363, §1.)

(a) The Marine Patrol Division established pursuant to Section 41-27-6 shall be responsible for all of the following duties: (1) Issuing, handling, and recording vessel numbers. (2) Receiving and accounting of all registration fees and payments to ALEA into the State Treasury. (3…

Officers. In addition to all other powers authorized by law, state troopers of the Marine Patrol Division shall have the power of peace officers in this state and may exercise such powers anywhere within the state. History: (Acts 1971, No. 905, p. 1669, §2; Act 2023-363, §1.)

This article shall be designated as the “Alabama Boating Safety Reform Act of 1994.” History: (Acts 1994, No. 94-652, p. 1243, §1.)

(a) As used in this chapter, “personal watercraft” means a vessel that uses an inboard motor powering a water jet pump as its primary source of motive power and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manne…

Exemptions. (a)(1) Every individual shall procure a boater safety certification before operating a motorized vessel upon the waters of this state. This section does not apply to the operation of any non-motorized sailboat, rowboat, or canoe. (2)a. Notwithstanding any law to the c…

Exemptions. (a)(1) Every person who applies for a boater safety certification under this article, except as otherwise provided in this subsection, shall pay a five dollar ($5) application fee and shall be given either a certificate of exemption from examination, if applicable, or…

(a) Unless otherwise provided in this article, upon the installation of a system for the issuance of boater safety certifications with color photographs of holders, all certifications and renewals issued in this state shall be issued in the following manner: (1) The person shall …

At the close of business on Monday of each week, when any application has been received, the judge of probate receiving the application shall prepare a report upon a form which shall be provided by the secretary. One copy of the report, together with all applications received, sh…

Notification on Motor Vehicle Driver or Learner License. (a) Each boater safety certification issued by ALEA, except for temporary certifications issued pursuant to Section 33-5-54, or except special circumstances as determined by the secretary, shall bear a distinguishing number…

(a) A boater safety certification may not be issued to the following persons: (1) Any person less than 12 years of age. (2) Any person whose vessel operating right or privilege is suspended. (3) Any person whose vessel operating right or privilege is revoked. (4) Any person who i…

(a) Any person with physical disabilities, a record of an impairment, or regarded as having an impairment, shall be subject to the same laws and rules adopted by the secretary relating to the certification of an individual to operate a vessel. (b) Notwithstanding any law or rule …

Every holder of a boater safety certification shall have the certification in personal possession at all times when operating a motorized vessel and shall display the certificate upon demand of a judge of any court or law enforcement officer. No person charged with violating this…

This article shall be enforced by ALEA, Marine Patrol Division, by all law enforcement officers of the state, and by other agents and employees of the agency as designated and required by the secretary. History: (Acts 1959, No. 576, p. 1442, §5; Act 2021-447, §2; Act 2023-363, §1…

(a) A law enforcement officer may not stop or board a vessel for the sole purpose of performing a safety inspection or marine sanitation equipment inspection. (b) For the purposes of this section, the term “vessel” has the meaning as defined in Section 33-5-3. History: (Act 2026-…

(a) The secretary may enter into reciprocal agreements with other states constituting an exchange of rights or privileges in the use of boater safety certifications, vessel operator’s certifications, or vessel operating privileges within this state by residents of other states. (…

Restricted Certification; Penalty for Violation of Restrictions. (a) The secretary, upon issuing a boater safety certification to an individual who is impaired from a physical disability, may impose restrictions suitable to the holder’s operating ability with respect to the type …

Certifications; Violations. (a) The secretary may adopt reasonable rules concerning the operation of vessels and concerning the enforcement of this chapter. All fines collected shall be deposited into the State Treasury to the credit of the State Water Safety Fund. (b) In additio…

Convictions. The secretary shall file every application for a boater safety certification received and shall maintain suitable indices. The secretary shall also file all accident reports and abstracts of court records of convictions received under the laws of this state and, in t…