Title 52 — Title 52

This article shall be known and may be cited as the ‘‘Georgia Boat Safety Act.’’ History. — Ga. L. 1973, p. 1427, § 1.

(a) The exhaust of every internal combustion engine used on any vessel, excluding those vessels documented by the United States Coast Guard and licensed pursuant to Code Section 27-2-8, shall be muffled or baffled and water injected, except those engines that exhaust through the …

(a) Categories. Requirements for lights on vessels operated within this state fall into two categories: regulations for vessels using inland waters (waters of this state) and regulations for vessels using international waters (coastal waters). Vessels equipped to meet internation…

Boating laws. Enforcement. Interference by menace with arrest for violation, §52-7-25. MENTAL HEALTH. Wills. Testamentary capacity, §53-4-11. MERGER. Deed to acquire beneficial interest in property. Merger into domestic for profit corporation, §53-12-159. Trusts. Deed to acquire be…

Whistles or horns. Required equipment, §52-7-8. Yonah lake. Operation of certain vessels prohibited, §52-7-13. Zero tolerance law. Persons under age of 21 operating after consuming alcohol, §52-7-12. BONA FIDE PURCHASERS. Probate of wills. Common form. Persons protected if set as…

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, or subsection (c) of Code Section 52-7-25 commits the o…

(a) For the purposes of this Code section, the term ‘‘unborn child’’ means a member of the species homo sapiens at any stage of development who is carried in the womb. (b)(1) A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an…

Whoever, without malice, shall cause bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the …

Refusal to submit to test, §52-7-12.5. Reinstatement of operating privilege, §52-7-12.6. Release on unsecured judicial release prohibited, §52-7-26. Suspension of privilege to operate watercraft, §52-7-12.5. Terms and conditions, §52-7-12.6. Ordinances. Local regulations generall…

Petition for incorporation. Filing fee, §52-4-1. Deed to acquire beneficial interest in property. Deed creating estate. Filing with clerk, certification by secretary of state, §53-12-152. Navigation companies. Certificate of incorporation. Issuance, §52-5-4. Trusts. Deed to acquire …

Age for operating, §52-7-8.3. 980 INDEX BOATS AND OTHER WATERCRAFT —Cont’d Classification of vessels, §52-7-8. Commissioner of natural resources. Definition of commissioner, §52-7-3. Comprehensive boating education programs, §52-7-22. Controlled substances. Operation of vessels whi…

(a) Duty to render assistance and identify vessel and self. It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers, to render to other persons aff…

Accidents, §52-7-14. Definition of reportable boating accident, §52-7-3. Federal officials and agencies. Furnishing information to, §52-7-15. Discharge of substances dangerous to navigation or property. Pilots to report unlawful discharges, §52-8-2. Deed to acquire beneficial inter…

(a) All vessels operating on the coastal waters of this state shall conform to the ‘‘Steering and Sailing Rules’’ established by Section II, Rules 11 through 18, of the International Navigation Rules Act of 1977, as amended. (b) All vessels operating on the inland waters of this …

PERSONAL FLOTATION DEVICES. Accident reports, §52-7-14. Personal flotation device. Defined, §52-7-2. Personal watercraft. Required to be worn by person operating, §52-7-8.2. Required equipment, §§52-7-8, 52-7-8.2, 52-7-13, 52-7-16. PERSONAL PROPERTY. Trusts. Lease, trustee’s powers…

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 and to promote the uniformity of laws relating thereto. History. — Ga. L. 1973, p. 1427, § 2. 83 52-7-2 WATERS OF STATE, PORTS & WATERCRAFT…

(a) The department shall establish a comprehensive boating education program and may seek the cooperation of boatmen, the federal government, and other states. The department may accept moneys made available under federal safety programs and may issue boating certificates to perso…

(a) Any person empowered to enforce this article and any rule or regulation adopted pursuant hereto shall have the authority to stop and board any vessel subject to this article or any such regulation for the purpose of inspection or determining compliance with this article and i…

(a) Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the board as provi…

As used in this article, the term: (1) The term ‘‘alcohol concentration’’ means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (1.1) ‘‘Blind point’’ means that portion of any of the waters of this state in which there is a natural or m…

The Interstate Boating Violator Compact is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows: ‘‘INTERSTATE BOATING VIOLATOR COMPACT ARTICLE I. TITLE This …

Rules of the road, §52-7-18. Safety programs. Comprehensive boating education programs, §52-7-22. Safety zone, §52-7-13. Salvage rights. Failure to salvage vessel within certain time after sinking, §52-7-14. Searches and seizures.

Operation of certain vessels prohibited, §52-7-13. United States. Accident reports. Federal officials and agencies. Furnishing information to, §52-7-15. Numbering of vessels.

As used in this article, the term: (1) ‘‘Capacity plate’’ means a plate attached to watercraft with information thereon as provided in this article. (2) ‘‘Manufacturer’’ means a person, firm, or corporation who constructs or assembles a watercraft or alters a watercraft in such ma…

A capacity plate shall bear the following information, permanently marked thereon in such manner as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the watercraft when the watercraft is in operation: (1) For all …

The information relating to maximum capacity which is required to appear on capacity plates by Code Section 52-7-42 shall be determined 165 52-7-43 WATERS OF STATE, PORTS & WATERCRAFT 52-7-45 in accordance with such methods and formulas as shall be prescribed by rules or regulati…

Alternative compliance if affixing deemed impracticable or undesirable, §52-7-46. Applicability of article, §52-7-50. Contents, §52-7-42. Information to constitute warranty, §52-7-45. Definitions, §52-7-40.

The information appearing on a capacity plate shall be deemed to be a warranty: (1) That the manufacturer or other person affixing a capacity plate as permitted by Code Section 52-7-44 has correctly and faithfully employed a method and formula for the calculation of maximum weigh…

(a) The owner of each vessel required to be numbered by this article shall file an application for a certificate of number with the department on forms containing such information required by the department. Upon receipt of the completed application and any other required informati…

This article shall apply to watercraft manufactured after January 1, 1972. History. — Ga. L. 1971, p. 419, § 11. 52-7-51. Penalty.

(a) Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the te…

A vessel shall not be required to be numbered under Code Sections 52-7-4 and 52-7-5 if it is: (1) Not motor propelled; provided, however, that sailboats 12 feet or more in length shall require registration; (2) Covered by a certificate of number in full force and effect which has …

(a) Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating vessels owned by the dealer. The fee for the first certificate of number issued to any dealer for each vessel classification shall be the same fee as prescribed in subsection …

(a) No person shall operate on the waters of this state a vessel manufactured after November 1, 1972, unless the vessel displays an assigned hull identification number as required by the United States Coast Guard or by the issuing authority, except any of those vessels exempted by…

Each vessel manufactured or built after April 14, 2006, for sale in this state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with federal law and this article. The hull identification number shall not be altered or replaced by th…

Operation of certain vessels prohibited, §52-7-13. Good Samaritan Act. Collisions, accidents and other casualties, §52-7-14. Gunwale of vessel. Riding prohibited, §52-7-17. Hazardous areas. Defined, §52-7-3. Operation or use of vessel in, §52-7-13. Homeland security. Boating safet…

(a) It shall be unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, aid in the sale or exchange, supply in blank, authorize, direct, or give away any counterfeit HIN, any counterfeit manufacturer’s vessel HIN plate or decal, or …

Descent and distribution. Inheritance by illegitimate children, §53-2-3. Inheritance from children born out of wedlock, §53-2-4. HOTCHPOT. Advancements, taking into consideration, §53-1-12. HOUSEBOATS. Anchorage restrictions, §52-7-8.4. Use prohibited, §52-7-13. HULL IDENTIFICATI…

As used in this article, the term: (1) ‘‘Abandoned vessel’’ means a vessel: (A) Which has been left by the owner or some person acting for the owner with a vessel dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such 168 52-…

(a) Any person who removes a vessel from public property or public water at the request of a law enforcement officer or stores such vessel shall, if the owner of the vessel is unknown, seek the identity of and address of the last known registered owner of such vessel from the law…

Canal companies. Certificate of incorporation, §52-4-2. Deed to acquire beneficial interest in property. Deed creating trusts. Certification of filing with secretary of state, §53-12-152. Navigation companies. Certificate of incorporation, §52-5-3. Pilots and pilotage. Oath of pilot, …

(a)(1) If any vessel for which the Department of Natural Resources and the Georgia Crime Information Center have received notice pursuant to subsection (d) of Code Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the commissioner may proceed to ta…

All liens acquired under Code Section 52-7-73 shall be foreclosed as follows: (1) Any proceeding to foreclose a lien on an abandoned vessel must be instituted within one year from the time the lien is recorded or is asserted by retention; (2) The person desiring to foreclose a li…

(a)(1) As used in this subsection, the term ‘‘public sale’’ means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sa…

The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such vessel by filing the required application, paying the required fees, and filing a certified copy …

Lien on vessel, §52-7-73. Foreclosure, §§52-7-73 to 52-7-77. Notice of removal, §52-7-71. False information, §52-7-71. Peace officers, §52-7-72. Penalty for failing to remove unattended vessel, §52-7-72.1. BOATS AND OTHER WATERCRAFT —Cont’d Abandoned vessels —Cont’d Notice to dep…

(a) Classification. Vessels subject to the provisions of this article shall be divided into four classes as follows: (1) Class A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Less than 16 feet in length 98 52-7-8 REGISTRATION, ETC., OF WATERCRAFT 52-7-8 (2) Class 1…

Dealers’ vessels, §52-7-7. Operation while under influence of alcohol or drugs. Reinstatement of operating privilege, restoration fee, §52-7-12.6. Feticide by vessel, §52-7-12.3. Release on unsecured judicial release prohibited, §52-7-26. Fire extinguishers and suppression systems…

(a) As used in this Code section, the term: (1) ‘‘Accompanied by’’ means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic 104 52-7-8.2 REGISTRATION, ETC., OF WATERCRAFT 52-7-8.2 vapors, or drugs to a degree which would constit…

Declaration of policy. Definitions. Requirement as to numbering of vessels; titling; requirements for hull damaged vessels. Numbering of vessels; requirements; fees. Exemptions from numbering requirements. Dealers’ vessels. Hull identification numbers required; penalty for violatio…