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ALEA unveils new boating safety laws, reminds Alabama to stay safe on the water this Memorial Day

As Memorial Day approaches, the Alabama Law Enforcement Agency announced the state is taking part in National Safe Boating Week to promote responsible and cautious behavior during the unofficial start of the summer boating season. The organization also elaborated on two new pieces of legislation that will help promote boater safety in the state.

“The safety of all individuals enjoying Alabama’s waterways is paramount,” said 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 legislation referenced by Brooks is being hailed a “monumental legislative update.” The bill moves state law into compliance with federal law. It requires that the emergency cut-off switch link be in use on covered vessels while the vessel is above displacement speed. Covered vessels are defined 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.

It is required of all such vessels constructed on or after January 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. This new requirement is aimed at protecting occupants of the boat and other vessels from runaway boats by ensuring the engine immediately stops when the operator leaves the helm or is displaced for any reason.

Colonel Jonathan Archer, Director of ALEA’s Department of Public Safety, said that one of the agency’s main roles is to ensure safety on the water not only in the summer boating season, but year round.

“We recognize the growing popularity of wakeboarding and wake surfing in Alabama,” said Archer. “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.”

The second bill recently enacted accomplishes the balance between recreation and consideration for other boaters. This act, which went into effect on Sept. 1, 2023, regulates wakeboarding and wake surfing 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 may not engage in wakeboarding or wake surfing 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 while not wearing a personal flotation device approved by the United States Coast Guard.

Law enforcement will issue a warning for a first offense until September 1, 2024. 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.

ALEA Secretary Hal Taylor made sure to thank the state legislators involved in passing the bills.

“We would also like to extend our sincere gratitude to the Alabama Legislature and Governor Kay Ivey for their unwavering support and specifically to State Reps. Ginny Shaver and Ed Oliver and State Sen. Jay Hovey, for their collaborative efforts in prioritizing public safety on Alabama’s waterways during the previous legislative session.”

“With their assistance, we can continue our mission of ensuring safe and enjoyable experiences for all who navigate our state’s scenic waterways.”

To promote water and boating safety, the Alabama Marine Patrol Division offers the following tips:

1. **Wear a Life Jacket:** Always wear a U.S. Coast Guard-approved life jacket while boating, fishing, or participating in water sports. Ensure that life jackets fit properly and are suitable for each passenger.
2. **Avoid Alcohol:** Operating a boat under the influence of alcohol or drugs is illegal and significantly increases the risk of accidents. Designate a sober driver or skipper to ensure safe navigation.
3. **Check the Weather:** Stay informed about weather conditions before heading out on the water. Postpone boating activities if inclement weather is forecasted and be prepared to seek shelter if necessary.
4. **Follow Navigation Rules:** Observe speed limits, maintain a safe distance from other vessels, and adhere to all navigational markers and buoys. Practice courteous boating etiquette and be mindful of other boaters, swimmers, and wildlife.
5. **Equip Your Boat:** Ensure that your boat is properly equipped with essential safety gear, including fire extinguishers, navigation lights, and a first aid kit. Regularly inspect and maintain your vessel to prevent mechanical failures.
6. **Be Prepared:** Familiarize yourself with local boating regulations and emergency procedures. Carry a charged cell phone or marine radio for communication in case of emergencies and inform someone ashore of your boating plans.

Austen Shipley is a staff writer for Yellowhammer News. You can follow him on X @ShipleyAusten

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