Code of Alabama - Title 33: Navigation and Watercourses - Chapter 5 - Registration and Operation of Vessels
- Article 1 General Provisions.
- Section 33-5-1 Declaration of policy
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...
- Section 33-5-2 Applicability of article
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...
- Section 33-5-3 Definitions
As used in this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly requires a...
- Section 33-5-4 Division of Marine Police - Generally
(a) It is hereby expressly made the duty of the commissioner to set up a division within the Department of Conservation and Natural Resources to...
- Section 33-5-5 Division of Marine Police - Marine police officers, etc., to have powers of peace officers
In addition to all other power heretofore granted by law, marine police officers and all other Department of Conservation and Natural Resources enforcement officers shall...
- Section 33-5-6 Enforcement of article
This article shall be enforced by the Department of Conservation and Natural Resources, Division of Marine Police, by all law-enforcement officers of the state and...
- Section 33-5-7 Records kept pursuant to article
All records of the Department of Conservation and Natural Resources, probate judge or license commissioner made or kept pursuant to this article shall be public...
- Section 33-5-8 Commissioner to supply information to federal agencies
The Commissioner of Conservation and Natural Resources shall supply to any authorized official or agency of the United States, upon such agency's or official's request...
- Section 33-5-9 Vessels to be registered and numbered
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...
- Section 33-5-10 Certificates of registration and numbers generally - By whom issued; issuance; fees; disposition of funds
(a) The Department of Conservation and Natural Resources will issue annual certificates of registration directly and shall authorize all probate judges in the state or...
- Section 33-5-11 Certificates of registration and numbers generally - Application for and 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...
- Section 33-5-12 Certificates of registration and numbers generally - Numbering system
The numbering system employed pursuant to this chapter shall be determined and promulgated by the Commissioner of the Department of Conservation and Natural Resources acting...
- Section 33-5-13 Certificates of registration and numbers generally - Term of certificates and licenses
(a) Every certificate and license as provided for in this article is to be issued on a yearly basis and said certificate and license shall...
- Section 33-5-14 Certificates of registration and numbers generally - Manufacturers' and dealers' vessels
(a) The description of the vessel of a manufacturer or dealer shall be omitted from the certificate since the number awarded may be used on...
- Section 33-5-15 Certificates of registration and numbers generally - Foreign vessels; 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...
- Section 33-5-16 Certificates of registration and numbers generally - Transfer of interest or destruction or abandonment of vessel; change of address; duplicate registration certificates
(a) The owner shall furnish the Department of Conservation and Natural Resources notice of the transfer of all or any part of his or her...
- Section 33-5-17 Certificates of registration and numbers generally - Classification of vessels and registration fees
(a) Vessels subject to the provisions of this article shall be classified according to the following schedule and annual fees charged by the Department of...
- Section 33-5-18 Certificates of registration and numbers generally - Only authorized 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...
- Section 33-5-19 Certificates of registration and numbers generally - Exemption from 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;...
- Section 33-5-20 Special agents to sell boat licenses
The sheriffs of this state may be designated as special agents to sell boat licenses as provided for herein. The Commissioner of Conservation and Natural...
- Section 33-5-21 Safety provisions relative to boat liveries
The Department of Conservation and Natural Resources through its agents and employees shall have the right to inspect at any reasonable time all boats owned...
- Section 33-5-22 Safety equipment and lights; flags; capacity plate; flame arrestor, etc., for carburetor
(a) Every vessel while being operated on the waters of this state shall be equipped with reasonable safety devices and lights as may be required...
- Section 33-5-22.1 "Sailboard" defined; hull deemed flotation device
(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...
- Section 33-5-23 Muffling devices and sirens
(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...
- Section 33-5-25 Collisions, accidents, and casualties
(a) It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he or...
- Section 33-5-26 Water skis and aquaplanes
(a) No person shall operate a vessel on any waters of this state for towing a person or persons, on water skis, or an aquaplane...
- Section 33-5-27 Regattas, races, marine parades, tournaments and exhibitions
(a) The commissioner shall adopt and may from time to time amend regulations concerning the safety of vessels and persons thereon, either observers of or...
- Section 33-5-28 Rules and regulations - Power of commissioner to promulgate
The Commissioner of the Department of Conservation and Natural Resources shall make, adopt, promulgate, amend and repeal all rules and regulations necessary or convenient for...
- Section 33-5-29 Rules and regulations - Filing and publication
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...
- Section 33-5-30 Rules and regulations - Admissibility as evidence
All rules and regulations duly promulgated under the provisions of this article by the Commissioner of Conservation and Natural Resources shall be admitted as evidence...
- Section 33-5-31 Local regulation
(a) The provisions of this article and rules and regulations promulgated pursuant thereto, and other general laws of this state shall govern the operation, equipment,...
- Section 33-5-32 Jurisdiction of offenses; disposition of fines
District courts of any county of the State of Alabama shall have and are hereby given final jurisdiction to try and convict persons, firms or...
- Section 33-5-33 Fees in certain prosecutions
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...
- Section 33-5-34 Fees of arresting officer
When an arrest for violation of the provisions of this article or regulations promulgated thereunder is made by a salaried officer not employed by the...
- Section 33-5-35 Penalty for violations of chapter generally
Any person convicted of violating any provision of this article, except as set out in subsection (c) of Section 33-5-24, shall be guilty of a...
- Section 33-5-36 Warning citations
The Commissioner of Conservation and Natural Resources is authorized to provide by duly promulgated regulation a system for issuing warning citations under such conditions as...
- Article 2 Boating Safety Reform.
- Section 33-5-50 Short title
This article shall be designated as the "Alabama Boating Safety Reform Act of 1994."
- Section 33-5-51 Operation of personal watercraft
(a) As used in this section, "personal watercraft" means a vessel which uses an inboard motor powering a water jet pump as its primary source...
- Section 33-5-52 Boater safety certification generally
(a) Every person, except those specifically exempted by statutory enactment, within five years from April 28, 1994, shall procure a boater safety certification before operating...
- Section 33-5-53 Boater safety certification; application fee; examinations; exemptions
(a) Every person who applies for a boater safety certification under this article, except as otherwise provided in this subsection, shall pay a five dollar...
- Section 33-5-54 Issuance of boater safety certification
(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,...
- Section 33-5-55 Reports; disposition of funds
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...
- Section 33-5-56 Certification to bear distinguishing number, color photograph, signature, and other identification information; notification on motor vehicle driver or learner license
Each boater safety certification issued by the Department of Public Safety, except for temporary certifications issued pursuant to Section 33-5-54, or except special circumstances as...
- Section 33-5-57 Persons to whom boater safety certification shall not be issued
(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...
- Section 33-5-58 Persons with physical disabilities or impairments; hearings
(a) Any person with physical disabilities, a record of an impairment or regarded as having an impairment, shall be subject to the same laws, rules,...
- Section 33-5-59 Display of certification required
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...
- Section 33-5-60 Reciprocal agreements with other states
The Director of Public Safety and Commissioner of Conservation and Natural Resources are empowered to enter into reciprocal agreements with other states constituting an exchange...
- Section 33-5-61 Restrictions for persons impaired from physical disabilities; special restricted certification; penalty for violation of restrictions
(a) The Director of Public Safety, upon issuing a boater safety certification, shall have authority whenever the holder is impaired from a physical disability to...
- Section 33-5-62 Rules and regulations; point system for suspension or revocation of certifications
The Commissioner of Conservation and Natural Resources may establish and promulgate reasonable rules and regulations, not in conflict with the laws of this state, concerning...
- Section 33-5-63 Filing and indexing applications; filing accident reports and records of convictions
The Director of Public Safety shall file every application for a boater safety certification received by him and shall maintain suitable indices. The Commissioner of...
- Section 33-5-64 Duplicates for lost or destroyed certifications; fees
(a) In the event any boater safety certification issued under this article is lost or destroyed, the person may upon payment of a fee of...
- Section 33-5-65 Reinstatement of certification following cancellation, suspension, or revocation
Any person whose boater safety certification has been cancelled, suspended, or revoked under any provision of Alabama law, by the Commissioner of Conservation and Natural...
- Section 33-5-66 Violations; penalties
(a) Any person of whom a boater safety certification is required, who operates a motorized vessel on the waters of this state as the terms...
- Section 33-5-67 Operation while certification is cancelled, suspended, or revoked 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...
- Section 33-5-68 Application fee; retention by Department of Public Safety
(a) Every applicant for an original boater safety certification shall be required to pay an application fee of five dollars ($5) to the Department of...
- Section 33-5-69 Flotation device; exceptions
(a) All persons under eight years of age on board any vessel or boat of any kind on the waters of this state shall at...
- Section 33-5-70 Reckless operation of vehicle; careless operation; violation of rules and regulations of Marine Police; 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...
- Section 33-5-71 Obstruction of operator's view prohibited; penalties
(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...
- Section 33-5-72 Emergency engine or motor shut-off switch
(a) It shall be unlawful on the waters of this state for any person to operate, or give permission to another person to operate, any...
- Section 33-5-73 Operation of vessel in excess of speed zone prohibited
No person shall under any circumstances operate a vessel on the waters of this state in excess of a speed zone established by regulation of...
- Section 33-5-74 Markers, signs, and buoys; mooring or fastening vessel prohibited; damaging, altering, or moving prohibited; penalties
(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,...
- Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification or to suspend or revoke privilege of operating vessel; procedures
(a) The Commissioner of Conservation and Natural Resources may cancel any boater safety certification upon determining that the holder of the certification was not entitled...
- Section 33-5-76 Authority to arrest at scene of boating accident
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...
- Section 33-5-77 Violation of federal laws or rules regulating engine horsepower; penalties; effective date
(a) It shall be unlawful in this state for any person to violate the federal laws or rules regulating the horsepower of the engines of...
- Section 33-5-78 "Vessel" defined
For the purposes of this article, the term "vessel" shall be as defined by Section 33-5-3.
- Section 33-5-79 Rules and regulations
The Commissioner of Conservation and Natural Resources may implement and enforce reasonable and necessary rules and regulations to enforce this article.
- Section 33-5-80 Exemption for law enforcement officers while performing their duties
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...
- Section 33-5-81 Boating safety as part of driver education curricula
The State Department of Education shall require a segment of the approved driver education curricula to include boating safety in Alabama, beginning with the 1994-95...
- Article 3 Alteration or Removal of Identifying Information.
Last modified: May 3, 2021