Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-4 - WILDLIFE RESOURCES DIVISION › Subject 391-4-17 - BOATING VIOLATOR COMPACT › Rule 391-4-17-.03 - Boating Violator Compact Manual

Current through Rules and
				Regulations filed through June 27, 2024
Subject to all applicable statutes and the constitution of
				  the State of Georgia, including the provisions of Chapter 13 of Title 50, the
				  "Georgia Administrative Procedure Act", and pursuant to the provisions of
				  O.C.G.A. 52-7-31(c), the
				  following Boating Violator Compact Manual hereby establishes the administrative
				  and procedural guidelines for participation in the Boating Violator
				  Compact.
Boating Violator Compact Manual
Section I
The following are the general procedures to be followed by
				  Georgia Conservation Rangers in handling boating misdemeanor violations
				  committed by individuals who are not residents of Georgia, but are a resident
				  of a Boating Violator Compact (BVC) member state at the time of the
				  violation.
Georgia non-residents who are residents of a BVC member state
				  at the time of the misdemeanor boating violation occurring in Georgia may be
				  released on personal recognizance under the following conditions:
Violations covered
1. Any violation subject to the provisions of
				a "Penalty Assessment", which allows a violator to comply with a citation by
				mailing a fine payment to the issuing agency or a court.
2. Any violation written as a summons
				requiring a violator to deal directly with the court, either in person, by mail
				or through an attorney. Unless there are other restrictions in this document or
				in the laws, policies or procedures of the issuing state or the court of
				jurisdiction.
3. In order for a
				violation to be subject to these provisions the person to whom the citation is
				issued must be a resident of a Compact state, other than the issuing state, at
				the time the citation is issued.
Types of Violations Not
				  Covered
1. Any violations
				that mandate a personal appearance.
2. Any petty offense or misdemeanor violation
				that has a jail term as a mandatory penalty.
3. Any felony violation.
4. Any violation that the issuing officer
				deems serious enough to arrest a resident violator.
5. Any violation or situation which the laws,
				policies or procedures of the State of Georgia dictate shall be handled
				otherwise.
I.
Procedures for the Georgia Department of Natural
				Resources
A. The officer issues
				a citation to the violator on the standard form used by Georgia DNR.
1. When a non-resident is issued a citation
				and released on personal recognizance under the provisions of this compact, it
				is advisable that the signature of the recipient is contained on the citation,
				regardless of specific requirements on that issue. A physical description of
				the recipient (height, weight, eye color, and hair color) should also be
				listed.
2. The citation is
				returnable to the court at a future date specified on the document, in
				accordance with the laws, regulations, policies, or procedures of the State of
				Georgia and/or the Court of jurisdiction.