This text of Alabama § 33-5-52 (Boater Safety Certification -- Required; Expiration and Renewal; Exemptions) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)(1) Every individual shall procure a boater safety certification before operating a motorized vessel upon the waters of this state. This section does not apply to the operation of any non-motorized sailboat, rowboat, or canoe.
(2)a.
Notwithstanding any law to the contrary, an Alabama resident 16 years of age or older who
purchases a vessel and who
has not been previously issued a boater safety certification, for a period of 30 days following the date of sale of the vessel to the individual, may operate the vessel upon the waters, provided both of the following conditions are met:
1.
The vessel has been registered in the name of the individual.
2.
A bill of sale for the vessel, indicating that the individual is the purchaser and owner of the vessel, is in the possession of the individua
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(a)(1) Every individual shall procure a boater safety certification before operating a motorized vessel upon the waters of this state. This section does not apply to the operation of any non-motorized sailboat, rowboat, or canoe.
(2)
a.
Notwithstanding any law to the contrary, an Alabama resident 16 years of age or older who
purchases a vessel and who
has not been previously issued a boater safety certification, for a period of 30 days following the date of sale of the vessel to the individual, may operate the vessel upon the waters, provided both of the following conditions are met:
1.
The vessel has been registered in the name of the individual.
2.
A bill of sale for the vessel, indicating that the individual is the purchaser and owner of the vessel, is in the possession of the individual at all times of operation.
b.
An individual
who
test drives
a vessel
for sale, when accompanied by a licensed vessel dealer, shall be exempt during the drive from the certification
requirements of this subsection
.
(b) Each boater safety certification issued to an individual, if issued at the same time the individual is issued a valid Alabama motor vehicle driver or learner license, or valid Alabama nondriver identification card, or if issued prior to the expiration date of the driver or learner license or card, shall expire on the expiration date of the individual’s valid Alabama motor vehicle driver or learner license or card. In all other cases, the expiration date of each boater safety certification shall be four years from the date of issuance.
(c)
Upon application, a
boater safety certification issued under this article may be renewed at the end of the certification period without examination
. For the purpose of renewal of a boater safety certification, ALEA shall mail renewal notices to each certification holder 30 days after the expiration date if the certification has not been renewed. A grace period of 60 days after the expiration date of certification shall exist for the purpose of certification renewal and the certification shall be valid for this time period. The applicant shall apply for renewal of certification any time during a period beginning 30 days before the expiration date of the then current certification until three years after the expiration date of certification. Failure to make application for renewal within the specified time shall result in the applicant being required to take, and successfully pass, a written or oral examination administered by ALEA.
(d) Nonresident individuals 12 or more years of age who have in their immediate possession a valid boater safety certification or vessel operator’s certification issued in their home state or country shall be exempt from the requirements of this section, but under no circumstances shall a
nonresident individual
be granted any privileges of operation beyond those granted to an Alabama resident certification holder of the same age
, including those individuals described in Section 33-5-57(b)
.
(e)
Except as provided in subsections (f) and (g), a nonresident individual may operate a vessel upon the waters of this state only after obtaining a valid boater safety certification or vessel operator’s certification issued in his or her home state or country, or after obtaining a Nonresident Alabama Boater Safety Certification upon examination and certification
under the same terms and conditions as Alabama residents.
(f) An individual operating a vessel pursuant to a valid and legal commercial activity, during the period of time of that activity only, shall be exempt from the requirement of boater safety certification.
(g) An individual, while using a
vessel
registered with the Marine Patrol Division of ALEA as a rental vessel
from a boat rental business duly licensed by the applicable municipality or county
or from a state-owned marina
, shall be exempt from the certification requirements of this section if the following conditions are met:
(1) The rental contract specifies that the lessee has been instructed in the proper and safe operation of the vessel by the lessor or the authorized agent of the lessor.
(2) The lessor has complied with the terms of rental contract and all parties sign the contract.
(3) The lessee signs a statement that the lessee is not currently under suspension or revocation of any boater safety certification or vessel operation privilege.
(4) A copy of the applicable rental contract is on board the vessel while the vessel is in operation.
(5) The operator of the vessel is 16 or more years of age.
(h) A violation of this section is a boating violation.