Boating law changes to know ahead of Memorial Day weekend

Elliott sponsors 'kill-switch' law

By KAYLA GREEN
Executive Editor
kayla@gulfcoastmedia.com
Posted 5/23/24

A good weather forecast for the long Memorial Day weekend will have hordes of locals and visitors alike casting off to spend a day on the water, or wishing they had a boat on which to float. Recent …

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Boating law changes to know ahead of Memorial Day weekend

Elliott sponsors 'kill-switch' law

Posted

A good weather forecast for the long Memorial Day weekend will have hordes of locals and visitors alike casting off to spend a day on the water, or wishing they had a boat on which to float.

Recent legislative action has produced four new laws aimed at enhancing boating safety across the state, including one sponsored by a second-term senator who represents most of Baldwin County's largest cities.

The Alabama Law Enforcement Agency (ALEA) called Act 2023-363, the "kill-switch" law, a "monumental legislative update" that brings state law into compliance with federal law.

The law, sponsored by state Sen. Chris Elliott, R-District 32, and state Rep. Ginny Shaver, R-District 39, requires the emergency cut-off switch link to be in use on covered vessels while the vessel is above displacement speed.

This new requirement is aimed at protecting occupants of the boat and other vessels from runaway boats by ensuring the engine immediately stops if the operator leaves the helm or is displaced for any reason.

"The safety of all individuals enjoying Alabama's waterways is paramount," stated Matt Brooks, chief of ALEA's Marine Patrol Division. "Boats can make sudden turns with enough force to throw an operator from the helm or completely out of the boat, causing the vessel to become a deadly hazard to the ejected operator and creates a danger to others in the area. By requiring operators to utilize these switches, ALEA aims to prevent these types of accidents, thus reducing the potential for injuries and fatalities."

The law defines a covered vessel as any motorized vessel less than 26 feet in length with a propulsion system capable of producing 115 pounds of static thrust, which is essentially a motor of 3 horsepower and greater. The law is required of all such vessels constructed on or after Jan. 1, 2020, or such vessels that were already equipped with an emergency cut-off switch prior to or at the time of passage of the federal law. It went into effect Jan. 1.

Another legislative act addressed the regulation of wakeboarding and wakesurfing on certain impounded waters of the state. The measure seeks to mitigate potential hazards associated with these activities while preserving the natural beauty and recreational value of Alabama's bodies of water.

This act, which went into effect on Sept. 1, 2023, regulates wakeboarding and wakesurfing on the waters of the state impounded by Lewis Smith Dam (Lewis Smith Lake), R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir) and on Shoal Creek in Lauderdale County north of Highway 72. According to the new law, a person cannot wakeboard or wakesurf between sunset and sunrise on portions of water where the width is less than 400 feet, within 200 feet from any shoreline, dock, pier, boathouse or other structure located on the impounded waters and without wearing a personal flotation device approved by the U.S. Coast Guard.

Noncompliance will result in a warning on first offense until Sept. 1. A second or subsequent offense within the same calendar year will be treated like a first offense with regard to penalties. Penalties for a first offense are a fine of no less than $100.

Lake Martin and Weiss Lake were recently added to this law, which will take effect on those bodies of water on Oct. 1.

"We recognize the growing popularity of wakeboarding and wakesurfing in Alabama," said Col. Jonathan Archer, director of ALEA's Department of Public Safety. "Through thoughtful regulation, we aim to foster a safe and enjoyable environment for enthusiasts while respecting the needs and concerns of other recreational users. This week and every week, we aim to promote public safety and save lives on the water."

A fourth action establishes the Nonresident Alabama Boater Safety Certification, which requires outside residents to have a valid boater safety certification or vessel operator's certification from their own state or country or obtain a Nonresident Alabama Boater Safety Certification before operating a vessel in Alabama, taking effect Oct. 1. The current law allows a 45-day window for out-of-state residents to operate a vessel.

Those renting boats from a licensed business are exempt.