Title 33 — Title 33

(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. History: (Act 2022-144, §13.)

Possession of a certificate of title does not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the vessel. This chapter does no…

(a) Except as otherwise provided in this section or Section 33-5B-28, a security interest in a vessel may be perfected only by delivery to the office of an application for a certificate of title that identifies the secured party and otherwise complies with Section 33-5B-7. The se…

(a) Except as provided in subsection (b), a secured party indicated in the files of the office as having a security interest in a vessel shall deliver a termination statement to the office and, on request of the owner of record in a signed record, shall deliver a copy of the term…

(a) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules apply: (1) If the certificate is a written certificate of title and the transferor’s interest is noted on the certificate, the transferor shall sign the certifica…

Except as otherwise provided in Section 7-9A-337, a certificate of title or other record required or authorized by this chapter is effective even if it contains incorrect information or does not contain required information. History: (Act 2022-144, §18.)

(a) In this section, “secured party’s transfer statement” means a record signed by the secured party of record stating: (1) that there has been a default on an obligation secured by the vessel; (2) that the secured party of record has exercised post-default remedies with respect …

(a) In this chapter, the following terms shall have the following meanings: (1) BARGE. A vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device. (2) BUILDER’S CERTIFICATE. A certificate of the facts of build of a vessel described in 46 …

(a) In this section: (1) “By operation of law” means pursuant to a law or judicial order affecting ownership of a vessel: (A) because of death, divorce or other family law proceeding, merger, consolidation, dissolution, or bankruptcy; (B) through the exercise of the rights of a l…

Without Certificate of Title. (a) Except as otherwise provided in Section 33-5B-19 or 33-5B-20, if the office receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination sta…

(a) If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the files of the office, the owner of record, may apply for and, by furnishing informati…

(a) A buyer in ordinary course of business has the protections afforded by Sections 7-2-403(2) and 7-9A-320(a), even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created. (b) Except…

(a) Subject to subsection (b), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by Title 7. For purposes…

(a) The office shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title. (b) The office shall retain in its files all information regarding a security int…

(a) There shall be a fee of twenty dollars ($20) to be collected by the office for processing and issuing the required documents and performing the other duties required by this chapter in connection with each of the following transactions: (1) an application for a certificate of…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: (Act 2022-144, §27.)

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the…

(a) This chapter takes effect on January 1, 2024. (b) Except as provided in subsection (c), this chapter applies to any vessel for which this state is the state of principal use on or after January 1, 2024. (c) Except as provided in subsection (d), the provisions of this chapter …

Subject to Section 33-5B-28, this chapter applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before January 1, 2024. History: (Act 2022-144, §3.)

The Department of Revenue may adopt rules for the implementation and administration of this chapter. History: (Act 2022-144, §30.)

Unless displaced by a provision of this chapter, the principles of law and equity supplement its provisions. History: (Act 2022-144, §4.)

(a) The law of the jurisdiction under whose certificate of title a vessel is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, …

(a) Except as otherwise provided in subsections (b) and (c), the owner of a vessel for which this state is the state of principal use shall deliver to the office an application for a certificate of title for the vessel, with the applicable fee, not later than 20 days after the la…

(a) Except as otherwise provided in Sections 33-5B-10, 33-5B-15, 33-5B-19, 33- 5B-20, 33-5B-21, and 33-5B-22, only an owner may apply for a certificate of title. (b) An application for a certificate of title must be signed by the applicant and contain: (1) the applicant’s name, t…

(a) Unless an application for a certificate of title is rejected under subsection (c) or (d), the office shall create a certificate for the vessel in accordance with subsection (b) after delivery to it of an application that complies with Section 33-5B-7 and the applicable fee. (…

(a) A certificate of title must contain: (1) the date the certificate was created; (2) the name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the office; (3) the mailing address of the owner of r…

For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly requires a different meaning: (1) WATERCRAFT. Any vessel or contrivance used or capable of being used for navigation or flotation up…

Violations and Penalties. (a) This chapter and rules and orders adopted under this chapter shall be enforced by the State Board of Health and the State Department of Conservation and Natural Resources according to rules adopted by the board and department. (b) Any person may comp…

All fines paid or collected hereunder shall be paid into the general fund of the state. History: (Acts 1969, No. 769, p. 1368, §11.)

Regulations, Ordinances or Laws. This chapter and rules and regulations and orders hereunder shall be applicable in the entire state unless such rule, regulation or order is by its own terms restricted. Other regulations, ordinances or other laws when not in conflict with this ch…

(a) No marine toilet on any watercraft used or operated upon waters of this state shall be operated so as to discharge any untreated sewage into said waters directly or indirectly. (b) No person owning or operating a watercraft, manufactured subsequent to September 12, 1969, with…

Approval by Commissioner of Conservation and Natural Resources or Governor. THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003. History: (Acts 1969, No. 769, p. 1368, §4.)

Marine Toilet Standards with Federal Standards. THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003. History: (Acts 1969, No. 769, p. 1368, §5.)

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003. History: (Acts 1969, No. 769, p. 1368, §6.)

The owner or whoever is lawfully vested with the possession, management and control of a marina or other waterside facility used by watercraft for launching, docking, mooring and related purposes shall be required to have trash receptacles or similar devices designed for the depo…

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003. History: (Acts 1969, No. 769, p. 1368, §8.)

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003. History: (Acts 1969, No. 769, p. 1368, §12.)

For the purpose of this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) DEPARTMENT. The state Department of Conservation and Natural Resources. (2) DISCHARGE. Includes, but is not limited to, any spilling, leakin…

The department shall be the agency of the state responsible for regulating recreational vessel and residence boat sewage discharges. The department is authorized to adopt rules and regulations or orders designed to control and regulate the discharge of sewage from recreational ve…

(a) Discharge of untreated sewage is prohibited in all waters of this state. (b) Recreational vessels with no installed marine sanitation device or approved sewage disposal system and residence boats are prohibited from discharging sewage in all state waters. Notwithstanding any …

Vessels with Certain Speed Ratings. (a) The prohibitions in this section shall apply only to the following lakes: Lake Harris (Lake Wedowee), Lake Martin, and Weiss Lake. (1) Except as authorized under subsection (d), beginning July 1, 2007, the use of houseboats shall be prohibi…

Every recreational vessel and residence boat owner, operator, and occupant shall comply with United States Coast Guard or other federal laws and regulations pertaining to marine sanitation devices and with United States Environmental Protection Agency or other federal laws and re…

An owner, operator, employee, or agent of a marina which does not provide a pump-out station or other approved means of properly disposing of sewage from recreational vessels, shall not, except in the case of safety emergency, permit a recreational vessel with a Type III marine s…

Every recreational vessel required to be registered in Alabama or residence boat on the waters of this state having a marine sanitation device installed on board shall be inspected annually by the department in the county where the recreational vessel or residence boat is domicil…

The department is hereby authorized to undertake and to enlist the support and cooperation of all agencies, political subdivisions, and organizations in the conduct of a public education program designed to inform the public of the undesirability of depositing untreated sewage, t…

(a) Marine police officers or any duly sworn peace officer of the state may board and inspect a recreational vessel or residence boat for compliance with this chapter and department rules at any time if there is probable cause to believe that a violation of this chapter or depart…

All fines paid or collected under this chapter shall be paid to the account of the State Water Safety Fund. History: (Act 2002-59, p. 145, §9.)

All navigable waters in this state are public thoroughfares. History: (Code 1852, §1205; Code 1867, §1440; Code 1876, §1723; Code 1886, §1459; Code 1896, §2515; Code 1907, §6143; Code 1923, §10565; Code 1940, T. 38, §104.)

Channel in Mobile Bay. Any person who makes any vessel, boat or watercraft of any description, or any raft or collection of logs, lumber or timber, fast to any beacon or light stake or piling which may be of any use or benefit in making use of the dredged channel in the Bay of Mo…