Ala. Admin. Code r. 220-6-.29

Current through Register Vol. 43, No. 02, November 27, 2024

Section 220-6-.29 - Point System - Operation Of Vessels

(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

(b) The following schedule is used to determine the length of a suspension period:

12-14 Points in a 2-year period...........60 days

15-17 Points in a 2-year period...........90 days

18-20 Points in a 2-year period..........120 days

21-23 Points in a 2-year period..........180 days

24 and above points in a 2-year period....365 days

(c) Any person who is assessed points as provided for above shall be subject to the suspension of their boater safety certification for such period of time as provided for above.

(d) After a conviction is 2 years old, it loses it point count for suspension purposes but remains on the operator's record.

(e) Action taken by the Department of Conservation and Natural Resources pursuant to the point system provided for herein shall be in accordance with the procedural requirements of §29 of Act No. 94-652 and § 33-5-75, Code of Ala. 1975.

Author: James D. Martin

Ala. Admin. Code r. 220-6-.29

New Rule: Filed July 11, 1995; effective August 16, 1995.

Statutory Authority:Code of Ala. 1975, § 33-5-62; §15 of Act No. 94-652 (Regular Session, 1994).