Title 33

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…

(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 assigned to the holder and a color photograph of the hol…

(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…

(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. (…

(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 of or special mechanical control devices required on a vessel tha…

(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 addition to all other penalties, th…

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 that connectio…

(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…

(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 additional fift…

(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…

(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 electronicall…

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 Uniform Boating T…

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 motorized vessel upon …

(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…

(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…

(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 the waters …

(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…

(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…

(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…

(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 executed by any governmental agency. (b) No person shall will…

(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 correct or required information in the application for certification. Upon cancellation, the h…

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…

(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. (Acts 1994, No. 94-652, p. 1243, §31; Act 2023-363, §1.)

The secretary may adopt and enforce reasonable and necessary rules to administer and enforce this chapter. (Acts 1994, No. 94-652, p. 1243, §33; Act 2023-363, §1.)

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. (Acts 1994, No. 94-652, p. 1243, §34…

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. (Acts 1994, No. 94-652,…

(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 number stamped, molded, engraved, cast, …

As used in this chapter, the following terms shall have the following meanings: (1) ABANDONED VESSEL. A vessel left unattended for four or more weeks after a hurricane, tropical storm, or other natural event resulting in a declaration of emergency by the Governor or, in the absen…

(a) A law enforcement officer may perform an unattended vessel check on a vessel that has been left unattended on public property. The unattended vessel check shall consist of actions that are reasonably necessary to determine that the unattended vessel does not contain an injure…

(a) It is unlawful for a person who is the owner of a derelict vessel to refuse or fail to remove the derelict vessel from the waters of this state within 24 hours after a verbal or written request from a law enforcement officer. (b)(1) A violation of this section is a Class A mi…

The Alabama State Law Enforcement Agency may adopt rules for the implementation and administration of this chapter. (Act 2018-179, §12.)

(a) A law enforcement officer may request a service to remove a vessel from public property under any of the following circumstances: (1) The vessel is determined by the officer to be abandoned. (2) The vessel is left unattended because the operator of the vessel has been arreste…

(a) Except as provided in Section 33-5A-5, a person who removes a vessel pursuant to this chapter shall do all of the following: (1) Give written notice of the removal to the agency within five calendar days. The notice shall include a complete description of the vessel, the vess…

Except for vessels subject to Section 33-5A-5: (1) A person who removes, stores, or sells a vessel in accordance with this chapter shall have a lien on the vessel for all of the following: a. The reasonable fees connected with the removal and storage of the vessel. b. The court c…

(a)(1) The agency, without a court order, may sell by negotiation, dispose of as junk, donate, or destroy an abandoned or derelict vessel that is not redeemed within 30 days if the vessel, as determined by an independent appraiser, is worth less than the cost of selling the vesse…

The proceeds of the sale of an abandoned or derelict vessel shall be distributed by the agency as follows: (1) The reasonable fees and costs incurred in the seizure and sale of the vessel, including, but not limited to, removal and storage costs, court costs and filing fees, and …

(a) The current owners, registrants, secured parties, and lienholders of record of a vessel may contest the sale of a vessel by filing a notice of appeal with the court that ordered the sale within two years of the sale of the vessel. (b) The court shall conduct a hearing to dete…

(a) Where a vessel, or an interest in a vessel, is sold under this chapter, the vessel may be redeemed by any of the following: (1) The debtor, including any surety or guarantor. (2) A judgment creditor, or its transferee. (3) A transferee of the interests of the debtor, either b…

(a) There is established a special fund within the State Treasury to be known as the Alabama Abandoned and Derelict Vessel Fund. (b) The fund shall be placed under the management or administration of the Secretary of the Alabama State Law Enforcement Agency for payment of the cos…

This chapter may be cited as the Uniform Certificate of Title for Vessels Act. (Act 2022-144, §1.)

(a) Unless subsection (c) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the office, if the damage occurred while that person was an owner of the vessel and the perso…

(a) For each record relating to a certificate of title submitted to the office, the office shall: (1) ascertain or assign the hull identification number for the vessel; (2) maintain the hull identification number and all the information submitted with the application pursuant to …

(a) On creation of a written certificate of title, the office promptly shall send the certificate to the secured party of record or, if none, to the owner of record, at the address indicated for that person in the files of the office. On creation of an electronic certificate of t…

A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate. (Act 2022-144, §13.)