reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.07 - Traffic "Rules Of The Road."

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The water traffic "Rules of the Road" in
			 the State of Alabama shall be as follows:
(a)
			 Vessels passing head-on shall keep to the right.
(b) Vessels overtaking another vessel may do
			 so on either side, but must grant the right-of-way to the vessel being
			 overtaken.
(c) When vessels are
			 passing at right angles, the vessel on the left will yield right-of-way to
			 vessel on the right.
(d) Motor
			 boats shall yield right-of-way to non-motor powered boats except as follows:
1. When being overtaken by non-powered
			 vessels.
2. For deep draft vessels
			 that have to remain in narrow channels.
3. When vessel is towing another
			 vessel.
(e) Motor boats
			 must maintain a direct course when passing sail boats.
(f) Any vessel approaching a landing dock or
			 pier shall yield the right-of-way to any departing vessel.
(g) Any vessel departing shoreline or
			 tributary shall yield right-of-way to through traffic and vessels approaching
			 shoreline or tributary.
(h) Vessels
			 will not abruptly change course without first determining that it can be safely
			 done without risk of collision with another vessel.
(i) If an operator fails to fully understand
			 course of an approaching vessel he must slow down immediately to a speed barely
			 sufficient for steerageway until the other vessel has passed.
(j) Vessels yielding right-of-way shall
			 reduce speed, stop, reverse, or alter course to avoid collision. Vessel with
			 right-of-way shall hold course and speed. If there is danger of collision, all
			 vessels will slow down, stop, or reverse until danger is averted.
(k) Vessels will issue warning signals in fog
			 or inclement weather.
(l) No
			 mechanically propelled vessel shall be operated in a circular course around any
			 other vessel or any person swimming.
(m) In narrow channel, vessels will keep to
			 the right of mid-channel.
(n)
			 Vessels approaching or passing another vessel shall be operated in such manner
			 and at such rate of speed as will not create a hazardous wash or
			 wake.
(o) No vessel shall obstruct
			 or interfere with take-off, landing, or taxiing of aircraft.
(p) All vessels shall be operated at
			 reasonable speeds for given situations and must be under the complete control
			 of the operator at all times.
(q)
			 No vessel or person shall obstruct or block navigation channel, entrance to
			 channel, mooring slip, landing dock, launching ramp, pier or
			 tributary.
(r) Vessels shall keep
			 at least 30.5 meters (100 feet) clearance of displayed diver's flag.
(s) Operator must maintain a proper
			 lookout.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.08 - Signal Devices Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 All vessels as hereinafter designated shall be equipped with signal devices for
			 use during night-time operation (sunset to sunrise) and during inclement
			 weather where visibility is greatly reduced.
(a) All vessels 4.9 meters [(16) feet] in
			 length but less than 8 meters [(26) feet] are required to be equipped with an
			 efficient whistle or other sound-producing mechanical device, whether operated
			 by hand or power, capable of producing a blast of two seconds or more duration
			 and audible for at least .8 kilometers (one-half mile).
(b) All vessels 8 meters [(26) feet] in
			 length but not exceeding 12.2 meters [(40) feet] are required to be equipped
			 with an efficient whistle or other sound-producing mechanical device, hand or
			 power operated, capable of producing a blast of two seconds or more duration
			 and audible for a distance of at least 1.6 kilometers (one mile).
(c) All vessels exceeding 12.2 meters [(40)
			 feet] in length shall be equipped with an efficient whistle or similar device,
			 power operated, capable of producing a blast of two seconds or more duration
			 and audible for a distance of at least 1.6 kilometers (one mile).
(d) Nothing in this regulation shall be so
			 construed as exempting a vessel from any further sound signal devices which may
			 be required by the United States Coast Guard or other governmental agency when
			 operating on the navigable waters of this state.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.10 - Fire Extinguishers Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All vessels hereinafter designated shall
			 be equipped with fire extinguisher equipment which shall be kept in such a
			 workable condition and location as to make it available for immediate and
			 effective use when the vessel is occupied.
(a) All inboard and inboard/outboard motor
			 vessels, regardless of size, shall have a hand portable fire extinguisher or
			 semi-portable fire extinguisher using carbon dioxide (CO2), foam, halon or
			 other chemical ingredient such as is commonly used for extinguishing gasoline
			 fires or petroleum product fires. Such fire extinguisher shall be approved by
			 the U. S. Coast Guard.
(b) All
			 vessels equipped with any butane gas, propane gas, kerosene, gasoline or
			 petroleum product consuming device, except outboard motors, shall have a hand
			 portable fire extinguisher or semi-portable fire extinguisher using carbon
			 dioxide (CO2), foam, halon or other chemical ingredient such as is commonly
			 used for extinguishing a fire produced by the use of such device. Such fire
			 extinguisher shall be approved by the U.S. Coast Guard.
(c) All motor vessels having closed or
			 semi-closed cabins and any vessel with sleeping accommodations shall have a
			 hand portable fire extinguisher or semi-portable fire extinguisher using carbon
			 dioxide (CO2), foam, halon or other chemical ingredient such as is commonly
			 used for extinguishing fires. Such fire extinguisher shall be approved by the
			 U. S. Coast Guard.
(d) All motor
			 vessels having closed compartments wherein portable fuel tanks are stored or
			 having permanently installed fuel tanks shall have a hand portable or semi-
			 portable fire extinguisher approved by the U. S. Coast Guard.
(e) Vessels requiring fire extinguishers
			 shall carry at least the minimum number of hand portable or semi-portable fire
			 extinguishers as follows:
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.11 - Personal Flotation Devices Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every vessel operated on the waters of
			 this state is required to have on board at least one U. S. Coast Guard approved
			 personal flotation device (PFD) for each occupant aboard the vessel as
			 specified below:
Class I less than 4.9 meters (16 feet): a Type I, II, or
				III.
Class II 4.9 meters (16 feet) but less than 8 meters (26 feet):
				a Type I, II, or III.
Class III 8 meters (26 feet) but less than 12.2 meters (40
				feet): a Type I, II, or III.
Class IV 12.2 meters (40 feet) and over: a Type I, II, or
				III.
(a) A type V (hybrid) PFD may be
			 carried in lieu of any PFD required in
			 220-6-.11, paragraph (1) if that
			 Type V PFD is U.S. Coast Guard approved for the activity in which the
			 recreational boat is being used, and if it is worn while underway in open boats
			 and when not within an enclosed space on larger boats. The Type V (hybrid) PFD
			 must be U.S. Coast Guard approved and labeled for use on recreational
			 boats.
(b) In addition to the above
			 requirements for personal flotation devices, all recreational boats 4.9 meters
			 (16 feet) and over in length operated on the waters of this state shall carry
			 at least one Type IV PFD (cushion or ring buoy) as a throwable
			 device.
(c) All required PFD's must
			 be placed or stored on the vessel in such manner as to be readily available for
			 use in case of emergency.
(d) PFD's
			 that are torn, rotted, or damaged lose their U.S. Coast Guard
			 approval.
(e) All PFD's shall be
			 proper size for occupants on board.
(f) The Department of Conservation and
			 Natural Resources, through its enforcement officers, shall have the right to
			 inspect any required safety equipment aboard any vessel operated on the waters
			 of this state or any safety equipment offered for rent.
(g) Any safety equipment found to be in an
			 unserviceable condition may be stamped or marked as unserviceable equipment and
			 its use prohibited.
(h) Nothing in
			 this regulation shall be interpreted so as to mean that stamping or marking
			 shall be a prerequisite for prosecuting a person who violates any provision of
			 this regulation.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.12 - Emergency Shut-off Switch Required

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed 8/2/95)
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.13 - Ventilation Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every
			 motor boat except those of open construction using as fuel any inflammable or
			 toxic fluid in any enclosure shall be provided with an efficient natural or
			 mechanical ventilation system which is capable of removing inflammable or
			 explosive gases.
(2) Rule
			 220-6-.13, as previously
			 promulgated, is hereby expressly repealed in its entirety.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.14 - Horsepower Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.15 - Load Capacity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
			 vessel shall be loaded beyond its safe carrying capacity, taking into
			 consideration weather and existing operating conditions.
(2) Rule
			 220-6-.15, as previously
			 promulgated, is hereby expressly repealed in its entirety.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.16 - Capacity Plate To Be Affixed

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No manufacturer shall offer for sale any
			 vessel without a capacity plate affixed permanently thereto as specified by U.
			 S. Coast Guard standards.
(2) Rule
			 220-6-.16, as previously
			 promulgated, is hereby expressly repealed in its entirety.
Author:
M. Barnett Lawley
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.17 - Permit For Marine Events Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No person, organization, or association
			 shall sponsor or hold any marine regatta, race, trial runs, parade, tournament
			 or exhibition that interferes with marine traffic or creates a potential safety
			 hazard until said event has been approved either by the Marine Police Division,
			 Department of Conservation and Natural Resources, or the United States Coast
			 Guard.
(a) Any person, organization or
			 association desiring to hold or sponsor such regatta, race, trial runs, parade,
			 tournament or exhibition on the waters of this state which are navigable waters
			 of the United States and on which the United States Coast Guard maintains aids
			 to navigation and which area is normally used for commercial traffic or
			 navigation shall make application for such event to the Marine Police Division
			 and to the responsible Coast Guard district under such rules as that agency
			 prescribes.
(b) Any person,
			 organization or association desiring to hold or sponsor such regatta, race,
			 trail runs, parade, tournament or exhibition on the waters of this state other
			 than those waters described in subparagraph (1)(a) hereof shall make written
			 application for such event to the Marine Police Division of the Department of
			 Conservation and Natural Resources on forms provided by said division which
			 application must be submitted at least fifteen (15) days before the date of the
			 proposed event. Upon approval by the Marine Police Division of the said marine
			 event application, a written permit shall be issued to the applicant.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.18 - PFD Required For Skiers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No person shall operate or give
			 permission to operate any vessel on the waters of this state towing a person or
			 persons on water skis, surfboard, spinners, or other similar devices unless
			 such person or persons being towed are wearing a type I, II, III or V U.S.
			 Coast Guard approved personal flotation device (PFD).
(2) No person shall engage in that certain
			 aquatic sport known as water skiing, including the use of surfboards, discs,
			 spinners, tubes, or other similar devices, without wearing a type I, II, III or
			 V U.S. Coast Guard approved PFD.
(3) Any person being towed on skis,
			 aquaplane, surfboard, spinner, tubes, or other similar devices shall be
			 considered an occupant of the towing vessel.
(4) The provisions of this regulation shall
			 not apply to any person performing in a marine exhibition or tournament
			 officially recognized by the Department of Conservation and Natural Resources
			 or the United States Coast Guard.
(5) Rule
			 220-6-.18, as previously
			 promulgated, is hereby expressly repealed in its entirety.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.20 - PFD To Be Worn Below Dam

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It shall be unlawful for any person to
			 operate any vessel on the waters of this state within 244 meters (800 feet)
			 below a hydroelectric dam and/or navigation lock and dam unless each person
			 aboard, including the operator, is wearing a U. S. Coast Guard approved
			 personal flotation device Type I, Type II, Type III, or Type V.
(a) Such personal flotation device will be
			 worn and securely fastened in accordance with manufacturers instructions and
			 recommendations for such personal flotation device.
(b) This regulation is not intended to affect
			 regulations promulgated by other governmental agencies, federal or state,
			 related to activities that may or may not be conducted within 244 meters (800
			 feet) of such dams.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.21 - Operator's Age

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No person
			 owning or having control of a mechanically propelled vessel shall permit any
			 person under the age of twelve (12) years to operate said vessel on the waters
			 of this state.
(a) The provisions of this
			 regulation shall not apply to any person operating a vessel under the age of
			 twelve (12) years in a Department of Conservation and Natural Resources or
			 United States Coast Guard officially recognized marine event, provided a
			 written permit has been issued by the Commissioner.
Author:
James D. Martin
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.22 - Flame Arrestor

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every
			 motor boat using gasoline as fuel except outboard motors shall have the
			 carburetor or carburetors of every engine therein equipped with a United States
			 Coast Guard approved flame arrestor or backfire trap.
(2) Rule
			 220-6-.22, as previously
			 promulgated, is hereby expressly repealed in its entirety.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.23 - Noise Level Restriction

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It shall be unlawful for any person to
			 operate or give permission to operate any vessel powered by an engine or
			 outboard motor on the waters of this state in such a manner as to exceed a
			 noise level of 86 decibels as measured by the Society of Automotive Engineers
			 (SAE) Stationary Sound Level Measurement Procedure SAE-J-2005 or as measured by
			 the Society of Automotive Engineer (SAE) Shoreline Sound Level Measurement
			 Procedure SAE J-1970.
(a) It shall be a
			 violation of this regulation for any person reasonably suspected by a Marine
			 Policeman or other authorized law enforcement officer to be operating a vessel
			 that exceeds the noise limitation prescribed herein to refuse to submit his
			 vessel for a noise emission test.
(b) The provisions of this regulation shall
			 not apply to vessels competing in a regatta, boat race or speed trial run
			 provided that such regatta, race or speed trial has been officially approved by
			 the Marine Police Division or United States Coast Guard and is being conducted
			 during the time and in the designated area authorized by the permit.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.24 - Swimming Area At Gulf Shores

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For the purposes of this regulation, the
			 Municipal Swimming Area of the City of Gulf Shores is defined as that portion
			 of the Gulf of Mexico bounded on the north by the main public beach area of the
			 City of Gulf Shores at the intersection of State Highway 59 and State Highway
			 182 and bounded on the south by a line running parallel to the mean high tide
			 line along said beach area at a distance of 122 meters (400 feet) from the mean
			 high tide or at such lesser distance from the mean high tide line as the City
			 of Gulf Shores may designate from day-to-day by means of buoys or other
			 markers.
(2) Except as provided in
			 paragraph (3) below, during the period from March 1 through October 31 of each
			 year, no person shall operate a vessel, sailboard, surfboard, windsurfer, water
			 skis, aquaplane, paddleboat or other watercraft in the Municipal Swimming Area
			 of the City of Gulf Shores at any time during the hours from sunrise to one
			 hour after sunset.
(3) This
			 regulation shall not apply to officers and agents of the United States, the
			 State of Alabama, Baldwin County, or the City of Gulf Shores when acting in the
			 line and scope of their duty in the implementation or enforcement of federal,
			 state, or local laws and regulations.
(4) Rule
			 220-6-.24, as previously
			 promulgated, is hereby expressly repealed in its entirety.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652, (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.25 - Operating A Vessel Or Other Device While Impaired By Alcohol Or Controlled Substances

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed 8/2/95)
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652, (Regular Session 1994).
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.26 - Rearview Mirrors On Personal Watercraft

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The specifications for rearview mirrors
			 on personal watercraft used for towing any person shall be as follows: Each
			 mirror shall contain a minimum viewing area size of 65 square centimeters [ten
			 (10) square inches], a minimum viewing area height of 64 millimeters [2.5
			 inches], and a minimum viewing area width of 100 millimeters [4.0 inches]. Said
			 mirrors shall be mounted or attached on both the right and left sides of the
			 personal watercraft so as to provide the maximum reward observation by the
			 operator. Mirrors shall not be mounted or attached to the steering mechanism of
			 the personal watercraft. The minimum combined viewing area of both mirrors
			 shall be 130 square centimeters [twenty (20) square inches].
(b) It shall be a violation of §4(g) of
			 Act No. 94-652 Regular Session, 1994) and Section
			 33-5-62,
Code of Ala.
			 1975
, to tow any person by personal watercraft unless said
			 watercraft meets all of these specifications.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.27 - Fleeing Or Attempting To Elude Marine Police Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any driver of a vessel who willfully
			 fails or refuses to bring his vessel to a stop, or who otherwise flees or
			 attempts to elude a pursuing marine police officer, when given a visual or
			 audible signal to bring the vessel to a stop, shall be in violation of this
			 regulation. The signal given by the Marine Police officer may be by hand,
			 voice, emergency light or siren.
(2) The penalty for the violation of this
			 regulation shall be as provided in §15 of Act No. 94-652 (Regular Session,
			 1994) and §
								33-5-62,
Code of Ala.
			 1975
. In addition, any person convicted of violating this
			 regulation shall be subject to the suspension provisions of §29 of Act No.
			 94-652 (Regular Session, 1994) and §
								33-5-75,
Code of Ala.
			 1975
.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §§15 and 29 of
				  Act No. 94-652 (Regular Session, 1994) and §§
										33-5-62 and
				  33-5-75,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.28 - Altering Or Defacing Of Boater Certification (License)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who willfully or knowingly
			 alters or defaces a boater certification (license) shall be in violation of
			 this regulation.
(2) The penalty
			 for the violation of this regulation shall be as provided in §15 of Act
			 No. 94-652 (Regular Session, 1994) and §
								33-5-62,
Code of Ala.
			 1975
.
Author:
James D. Martin
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62; §15 of Act No.
				  94-652 (Regular Session, 1994).
PENALTY:
As provided by §15 of Act No.
				  94-652 (Regular Session, 1994) and §
										33-5-62,
Code of Ala.
				  1975
.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.29 - Point System - Operation Of Vessels

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The following point system is hereby
			 established for various violations of the Alabama boating safety laws and
			 regulations; points shall be assessed for various violations as follows:
(1) Any conviction which resulted from a
			 charge that involved the drinking of alcoholic beverages and the operation of a
			 vessel but does not require mandatory suspension or revocation of the boater
			 safety certification..................... 6 points
(2) Reckless operation (§24 of Act No.
			 94-652, §
									33-5-70)...............................................6
			 points
(3) Careless operation
			 (§24 of Act No. 94-652, §
									33-5-70)...............................................5
			 points
[Note: §29(j)(7) of Act NO. 94-652 [§
										33-5-75] provides that convictions
				within a twelve (12) month period of time upon 3 charges of either (2) or (3)
				above shall result in the mandatory revocation of the boater safety
				certification or vessel operating privilege. In addition §29(k)(5) of Act
				No. 94-652 [§
										33-5-75] provides that habitual
				violations of either (2) of (3) above may result in the suspension of the
				boater safety certification or vessel operating privilege.]
(4) Failure to comply with waterway rules of
			 the road (Rule
			 220-6-.07)......................................4
			 points
(5) Restricted view of
			 operator (§25 of Act No. 94-652, §
									33-5-71)....................................4
			 points
(6) Non-compliance with
			 waterway traffic control devices
			 (buoys/signs)...................................3 points
(7) Failure to submit accident report as
			 required in §
									33-5-25,
Code of Ala.
			 1975
...........................3 points
(8) All safety equipment
			 violations..........2 points
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.30 - Examination For Boat Operator's Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The examination or test to be given
			 applicants for boat operator's certification shall be of similar length and
			 content as the motor vehicle driver license examination. The method and manner
			 of giving the test and of ascertaining and reporting the results shall also be
			 similar to the procedure followed for the motor vehicle driver license
			 examination. Reports of all examinations shall be on forms provided by the
			 Director of Public Safety and shall show whether or not the applicant passed
			 the examination.
(2) The written
			 examination used for testing applicants shall contain approximately 25 multiple
			 choice questions. The examination shall be in at least four (4) different
			 forms, which shall be utilized on a rotating basis. The general subject areas
			 covered on the examination shall consist of the following areas:
(a) Knowledge of equipment requirements, such
			 as PFDs, fire extinguishers, emergency cut-off switch, navigation lights, flame
			 arrestors, Alabama regulations, sound devices, diver's flags, ventilation,
			 mufflers, and other equipment;
(b)
			 Knowledge of safe operation and waterway rules of the road, including such
			 matters as operator awareness, overloading and overpowering, speed regulations,
			 motorboat operator's age, reckless and careless operation, personal watercraft,
			 DUI, operator's restricted vision, rules of the road, interference with
			 navigation, rearview mirrors for personal watercraft, vehicular homicide, water
			 skiing, and other related matters;
(c) Aids to navigation, including such
			 matters as uniform state waterway marking system, federal waterway marking
			 system, and other related matters; and
(d) Boating accidents, including such matters
			 as requirements for submitting accident reports, and other related matters.
Author:
James D. Martin
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.35 - Boater Safety Certification/Vessel Operating Privilege Suspension Period Guidelines - Section 33-5-75(k)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Under Section
			 33-5-75,
Code of Ala.
			 1975
, paragraph (k), the Commissioner of Conservation and Natural
			 Resources may suspend the certification or operating privilege of a vessel
			 operator without preliminary hearing upon a showing by its records or other
			 sufficient evidence that the operator did the following:
"§
									33-5-75... "(k)...
"(1) Has committed an offense for which
				mandatory revocation is required upon conviction.
"(2) Has been convicted of any offense under
				Section 32-5A-191.3 which provides for
				suspension.
"(3) Has been convicted
				of any offense of any law or regulation which provides for
				suspension.
"(4) Has been convicted
				with frequency of serious offenses against boating or vessel operation laws or
				regulations governing the movement of vessels as to indicate a disrespect for
				boating or vessel operation laws and a disregard for the safety of other
				persons on the waters of this state.
"(5) Is an habitually reckless, careless, or
				negligent operator of a vessel, established by a record of accidents, or by
				other evidence.
"(6) Is competent
				to operate a vessel.
"(7) Has
				permitted an unlawful or fraudulent use of certification.
"(8) Has committed an offense in another
				state which is committed in this state would be grounds for suspension or
				revocation.
"(9) Has been convicted
				of fleeing or attempting to elude a marine police officer.
"(10) Has violated a restricted boater safety
				certification pursuant to Section
				33-5-61."
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.36 - Idle Speed Zones For Certain Gulf Waters

Current through Register Vol. 42, No. 9, June 28, 2024
There is hereby established in "idle speed zone" for all
				motorized vessels operated within the following areas:
(1) from the shoreline of the Gulf of Mexico
			 to the southernmost edge of the first sand bar located seaward of the shoreline
			 in that area, extending from the Florida line westward beyond Fort Morgan to
			 the westward end of the island; provided however, such area shall not include
			 the area of Perdido Pass south of the bridge; and
(2) from the south shoreline of Dauphin
			 Island southward for a distance of 100 yards from the shoreline in that area,
			 extending from Ft. Gaines westward to the end of the island. It shall be
			 unlawful to operate any motorized vessel, including personal watercraft, in
			 excess of idle speed within the above-described "idle speed zones." For the
			 purposes of this regulation, "vessel" is defined as provided in §
								33-5-3,
Code of Ala.
			 1975
, and "personal watercraft" is defined as provided in §
								33-5-51,
Code of Ala.
			 1975
, and "idle speed" is hereby defined as the slowest speed at
			 which a said vessel or watercraft can be operated and maintain steerage. The
			 penalty for the violation of this regulation shall be a Class C misdemeanor as
			 provided by §
								33-5-62,
Code of Ala.
			 1975
.
Author:
Riley Boykin Smith
Statutory Authority:
Code of Ala.
				  1975
, §§
										33-5-62,
				  33-5-73.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.50 - Securing Of Marine Sanitation Devices

Current through Register Vol. 42, No. 9, June 28, 2024
(a) It shall be unlawful for any person to
			 operate a recreational vessel or residence boat on the waters of this state
			 where the discharge of treated or untreated sewage is prohibited unless the
			 operator secures each Type I and Type II Marine Sanitation Device (MSD) in a
			 manner which prevents discharge of treated or untreated sewage. Acceptable
			 methods of securing the device include:
1.
			 Closing the seacock and removing the handle;
2. Padlocking the seacock in the closed
			 position;
3. Using a non-releasable
			 wire-tie to hold the seacock in the closed position; or
4. Locking the door to the space enclosing
			 the toilets with a padlock or door handle key lock.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.52 - Prohibition Of Certain Lights

Current through Register Vol. 42, No. 9, June 28, 2024
(a) No vessel equipped with a flashing,
			 rotating, or oscillating blue light may be operated on the waters of this state
			 except lawfully authorized law enforcement vessels.
(b) Any person violating any of the
			 provisions of this regulation shall be punished as provided by §
								33-5-62,
Code of Ala.
			 1975
.
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62.
PENALTY:
As provided by
Code of Ala.
				  1975
, §
										33-5-62.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.54 - Bird Island/Walker Island Vessel Restriction

Current through Register Vol. 42, No. 9, June 28, 2024
(a) It shall be unlawful to operate a
			 motorized vessel in the area designated by a series of signs erected adjacent
			 to Bird Island and adjacent to Walker Island in the Perdido Pass/Bayou St. John
			 area of Baldwin County. Vessels utilizing this area must either be paddled or
			 push poled.
(b) Any person
			 violating any of the provisions of this regulation shall be punished as
			 provided by §
								33-5-62,
Code of Ala.
			 1975
.
Author:
M. Barnett Lawley
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62.
PENALTY:
As provided by
Code of Ala.
				  1975
, §§
										33-5-62,
				  33-6A-8.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.55 - Lake Permit Regulation

Current through Register Vol. 42, No. 9, June 28, 2024
(a) This regulation is adopted to comply with
			 the provisions of Act 2006-398,
Acts of Alabama
and
			 §
								33-6A-3.1,
Code of
			 Ala. 1975
. The act requires the Department of Conservation and
			 Natural Resources to adopt rules authorizing the use of vessels otherwise
			 prohibited by the act in the following circumstances:
(1) Vessels needed for use on a temporary
			 basis;
(2) Houseboats [defined in
			 the act as either (a)"residence boats", defined in Section
			 33-6A-1(6) as
			 "any structure used primarily for habitation located on any waters in the
			 state, floating or supported totally or partially on pilings" or (b)
			 recreational vessels that constitute a fully equipped dwelling similar in
			 content to a mobile home, with a marine sanitation device, galley, and sleeping
			 quarters)] that were licensed and in use on July 1, 2006, provided, that they
			 meet all applicable standards for sewage discharges, are moored at a marina or
			 other facility with a certified pump-out station or other approved means of
			 sewage disposal, and are inspected annually; or
(3) Boats exceeding 30 feet 6 inches in
			 length [not to include any boat covered by subdivision (2) of subsection (a) of
			 the act] that was licensed and in use or that was on site and available for
			 sale at a marina located on one of the lakes referenced in subsection (a) of
			 the act on July 1, 2006.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.59 - Closure To Vessels And Watercraft - Portion Of Gulf Waters Adjacent To Certain Pier

Current through Register Vol. 42, No. 9, June 28, 2024
Effective immediately, unless otherwise authorized by the
				Department of Conservation and Natural Resources, and until further official
				notification by the Commissioner of Conservation and Natural Resources, the
				following waters shall be closed to the operation of all vessels and
				watercraft: Those waters of the Gulf of Mexico within a distance of 100 yards
				of any saltwater fishing pier operated by the State of Alabama, Department of
				Conservation and Natural Resources, or its authorized agent.
Any person violating any of the provisions of this regulation
				shall be punished as provided by
Code of Ala. 1975
,
				§
								33-5-62.
Author:
M. Barnett Lawley
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.60 - Disposal Of Trash, Garbage, Or Plastics From A Vessel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It shall be unlawful for any person to do
			 or attempt any of the following from a vessel: to discharge overboard, or place
			 in or upon the waters of the state, any trash, garbage, or plastics. Such items
			 must be taken to shore and legally disposed of on land.
(2) All vessels shall have on board a
			 container or storage compartment for the proper disposal of trash, garbage, or
			 plastics. Such container or storage compartment shall assure that such waste,
			 trash or plastics cannot be inadvertently blown overboard.
(3) All vessels shall have a container or bag
			 that is appropriate for moving trash, garbage or plastics to shore for legal
			 disposal.
Author:
M. Barnett Lawley
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.61 - Marine Sanitation Device (MSD) Inspections And Appointment Of Special Agents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Effective
			 October 1 
			 st, 2008, the Department of Conservation
			 and Natural Resources will designate special agents to conduct annual
			 inspections on those vessels and residence boats required to be inspected by
			 §
								33-6A-6,
Code of Ala.
			 1975
. These special agents will be required to have the following
			 credentials as recognized by the ADCNR:
(a)
			 The special agent must possess a Federal Tax Identification
			 Number/EIN.
(b) The special agent
			 must possess the applicable business licenses required by the county and/or
			 municipality where they are headquartered.
(c) The special agent must be bonded for a
			 minimum of $10,000 indemnity.
(d)
			 The special agent must receive initial training designated or provided by the
			 Marine Police Division of the Department of Conservation and Natural Resources
			 for the proper recognition and technical understanding of marine sanitation
			 devices, to be followed by periodic refresher certification as outlined by
			 Marine Police Division policy.
(e)
			 The special agent must contractually agree to abide by all policies and
			 procedures established by the Marine Police Division.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.62 - Old River/Rabbit Island Vessel Restrictions

Current through Register Vol. 42, No. 9, June 28, 2024
(a) It shall be unlawful to operate a
			 combustible engine on a vessel in the area designated by a series of signs
			 erected in the vicinity of Rabbit Island and Ono Island in Old River south of
			 Ono Island in Baldwin County. In designated area all vessels equipped with
			 internal combustion motors (e.g.: gasoline or diesel motors) for propulsion
			 must turn off the internal combustion motor and, if possible to do so, tilt or
			 raise the internal combustion motor out of the water. The use of electric
			 motors is not prohibited.
(b) Any
			 person violating any of the provisions of this regulation shall be punished as
			 provided by §
								33-5-62,
Code of Ala.
			 1975
.
Author:
M. Barnett Lawley
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62.
PENALTY:
As provided by
Code of Ala.
				  1975
, §§
										33-5-62.
Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-6 - BOAT REGISTRATION AND NUMBERING › Section 220-6-.63 - Three Mile Creek Vessel Restrictions

Current through Register Vol. 42, No. 9, June 28, 2024
(a) It shall be unlawful to operate a vessel
			 with a combination engine (gasoline or diesel powered) in the following area in
			 Mobile County: from the headwaters of Three Mile Creek, to the railroad bridge
			 at Telegraph Road. This prohibition shall not apply to law enforcement,
			 government, or emergency vessels.
(b) Any person violating any of the
			 provisions of this regulation shall be punished as provided by §
								33-5-62,
Code of Ala.
			 1975
.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										33-5-62.
PENALTY:
As provided by
Code of Ala.
				  1975
, §§
										33-5-62.
Alabama Administrative Code › Title 225 - ALABAMA COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELEPHONE SERVICE BOARD › Chapter 225-1-1 - LEGAL AUTHORITY › Section 225-1-1-.01 - Statutory Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The statutory authority for the establishment and regulation of the commercial mobile radio service fund for the implementation of wireless E-911 services is found at §
								11-98-7,
Code of Ala. 1975
.
Author:
Commercial Mobile Radio Service Emergency Telephone Service Board
Statutory Authority:
Code of Ala. 1975
, §
										11-98-7.
Alabama Administrative Code › Title 225 - ALABAMA COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELEPHONE SERVICE BOARD › Chapter 225-1-1 - LEGAL AUTHORITY › Section 225-1-1-.02 - Adoption Of Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
The Commercial Mobile Radio Service Emergency Telephone Service Board is authorized to prescribe rules, regulations and procedures as may be necessary to effect establishment of and the disbursements from the Commercial Mobile Radio Services Fund.
Author:
Commercial Mobile Radio Service Emergency Telephone Service Board
Statutory Authority:
Code of Ala. 1975
, §
										11-98-7(7)(8).
Alabama Administrative Code › Title 225 - ALABAMA COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELEPHONE SERVICE BOARD › Chapter 225-1-2 - DEFINITIONS › Section 225-1-2-.01 - Board Or CMRS Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Commercial Mobile Radio Service Emergency Services Board, or in the alternative, the Alabama Wireless 9-1-1 Board.
Author:
Alabama Commercial Mobile Radio Service Emergency Telephone Service Board
Statutory Authority:
Code of Ala. 1975
, §
										11-98-6.
Alabama Administrative Code › Title 225 - ALABAMA COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELEPHONE SERVICE BOARD › Chapter 225-1-2 - DEFINITIONS › Section 225-1-2-.02 - Automatic Number Identification oR ANI

Current through Register Vol. 42, No. 9, June 28, 2024
An enhanced 911 service capability that enables the automatic display of the 10-digit wireless telephone number used to place a 911 call and includes pseudo-automatic number identification or pseudo-ANI, which means an enhanced 911 service capability that enables the automatic display of the number of he call site and an identification of the CMRS provider.
Author:
Alabama Commercial Mobile Radio Service Emergency Telephone Service Board
Statutory Authority:
Code of Ala. 1975
, §
										11-98-6.
Alabama Administrative Code › Title 225 - ALABAMA COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELEPHONE SERVICE BOARD › Chapter 225-1-2 - DEFINITIONS › Section 225-1-2-.03 - Commercial Mobile Radio Service Or CMRS

Current through Register Vol. 42, No. 9, June 28, 2024
Commercial mobile radio service under Sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996.  47 U.S.C. §
									151
et
seq
., and the Omnibus Budget Reconciliation Act of 1993. Pub. L. 103-66. Aug. 10, 1993, 107 Stat. 312. The term includes the term wireless and service provided by any wireless real time two-way voice communication device, including radio-telephone communications used in cellular telephone service, personal communication service, or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communication service, or a network radio access line, to include pre-paid wireless connections. The term does not include service whose customers do not have access to 911 or to an enhanced 911-like service, to a communications channel suitable only for date transmission, to a wireless roaming service or other non-local radio access line service, or to a private telecommunications system.
Author:
Alabama Commercial Mobile Radio Service Emergency Telephone Service Board
Statutory Authority:
Code of Ala. 1975
, §
										11-98-6.
Alabama Administrative Code › Title 225 - ALABAMA COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELEPHONE SERVICE BOARD › Chapter 225-1-2 - DEFINITIONS › Section 225-1-2-.04 - Commercial Mobile Radio Service Provider Or CMRS Provider

Current through Register Vol. 42, No. 9, June 28, 2024
A person or entity who provides commercial mobile radio service or CMRS service.
Author:
Alabama Commercial Mobile Radio Service Emergency Telephone Service Board
Statutory Authority:
Code of Ala. 1975
, §
										11-98-6.
Alabama Administrative Code › Title 225 - ALABAMA COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELEPHONE SERVICE BOARD › Chapter 225-1-2 - DEFINITIONS › Section 225-1-2-.05 - CMRS Connection

Current through Register Vol. 42, No. 9, June 28, 2024
Each number assigned to a CMRS customer.
Author:
Alabama Commercial Mobile Radio Service Emergency Telephone Service Board
Statutory Authority:
Code of Ala. 1975
, §
										11-98-6.