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33-5-69
Section 33-5-69 Flotation device; exceptions. (a) All persons under eight years of age on board
any vessel or boat of any kind on the waters of this state shall at all times wear a United
States Coast Guard approved wearable personal flotation device of proper size for the person,
except that no personal flotation device shall be required for any person who is inside of
an enclosed cabin or enclosed sleeping space regardless of whether the vessel is in operation.
(b) Any personal flotation devices required in this section shall be strapped, snapped, or
zippered securely and maintained in good condition at all times they are required to be worn.
(c) Any person who fails to require or permits any person under their legal custody or control
to fail to comply with, the requirements of this section, shall be guilty of a Class B misdemeanor,
and upon conviction is punishable as provided in Sections 13A-5-7 and 13A-5-12. Any person
so convicted shall be fined not less than one hundred dollars...
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33-5-72
Section 33-5-72 Emergency engine or motor shut-off switch. (a) It shall be unlawful on the
waters of this state for any person to operate, or give permission to another person to operate,
any vessel less than 24 feet in length having an open construction and having more than 50
horsepower, unless the vessel is equipped with an emergency engine or motor shut-off switch.
(b) The shut-off switch referred to in subsection (a), shall be a lanyard-type engine cutoff
switch and shall be attached to the person, clothing, or personal flotation device of the
operator, as is appropriate, and shall be constructed and installed in a manner so that when
in use, any removal of the operator from the normal operating station will result in the immediate
shut-off of the engine or motor. (c) For the purpose of this section, "open construction"
means any vessel described herein not having a permanently affixed top or cabin. (d) Any person
violating this section shall be guilty of a Class B misdemeanor,...
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33-5-51
Section 33-5-51 Operation of personal watercraft. (a) As used in this section, "personal
watercraft" means a vessel which uses an inboard motor powering a water jet pump as its
primary source of motive power and which is designed to be operated by a person sitting, standing,
or kneeling on the vessel, rather than the conventional manner of sitting or standing inside
the vessel. (b) A person may not operate a personal watercraft on the waters of this state,
as waters are defined in Section 33-5-3, unless each person operating, riding on, or being
towed by the vessel is wearing a personal flotation device approved by the United States Coast
Guard, in accordance with rules and regulations by the Commissioner of the Department of Conservation
and Natural Resources. (c) A person operating a personal watercraft on the waters of this
state that does not have self circling capability, shall have a lanyard type engine cutoff
switch and must attach the lanyard to the person, clothing, or...
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33-5-53
Section 33-5-53 Boater safety certification; application fee; examinations; exemptions. (a)
Every person who applies for a boater safety certification under this article, except as otherwise
provided in this subsection, shall pay a five dollar ($5) application fee and be given either
a certificate of exemption from examination if applicable, or will be given an examination,
either written or oral, before applying to the judge of probate or license commissioner for
the issuance of the certification. No person shall be eligible for, or issued, an exemption
from examination in the event the person is convicted, on or after April 28, 1994, of violating
any crime relating to the operation of a vessel, whether contained in this article or otherwise,
for which a person's boater safety certification or vessel operating privileges shall be suspended
or revoked pursuant to this article. The person shall first apply to either the officer, state
trooper, or duly authorized agent of the Director of...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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45-4-111
Section 45-4-111 Electronic voting system authorized; requirements for use. (a) As used in
this section: (1) "Automatic tabulating equipment" shall mean apparatus which automatically
examines and counts votes recorded on paper ballots or ballot cards and tabulates the results.
(2) "Paper ballot" shall mean a printed paper ballot which conforms in layout and
format to the electronic voting system in use. (3) "Ballot card" shall mean a tabulating
card on which votes may be recorded. (4) "Ballot label" shall mean the cards, papers,
booklet, pages, or other material which contain the names of offices and candidates and statements
of measures to be voted on and which are used in conjunction with ballot cards. (5) "Ballot"
shall mean ballot cards or paper ballots. (6) "Counting center" shall mean one or
more locations selected and designated by the county commission or the municipal governing
body, as the case may be, for the automatic counting of ballots in the election. (7) "Electronic...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol
or controlled substances. (a) A person shall not operate or be in actual physical control
of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under any
condition in which a person would be guilty of driving under the influence of alcohol or drugs
pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b)
In the case of a vessel or other marine device described in subsection (a), where a law enforcement
officer has probable cause to believe that the operator of the vessel or other marine device
is operating in violation of this section, the law enforcement officer is authorized to administer
and may test the operator, at the scene, by using a field breathalyzer or other approved device,
as a screening device, to determine if the operator...
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33-5-70
Section 33-5-70 Reckless operation of vehicle; careless operation; violation of rules and regulations
of Marine Police; penalties. (a) It is unlawful to operate a vessel in a reckless manner upon
the waters of this state. A person is guilty of the reckless operation of a vessel who operates
any vessel, or manipulates any water skis, aquaplane, or other marine transportation device,
upon the waters of this state in willful or wanton disregard for the safety of persons or
property at a speed, or in a manner to endanger, or likely to endanger, life, limb, or damage
the property of, or injure any person. Any person who violates this subsection is guilty of
a Class A misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted shall be fined not less than one hundred fifty dollars ($150).
(b) Any person operating a vessel upon the waters of this state shall operate the vessel in
a reasonable and prudent manner, so as not to endanger...
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33-5-52
Section 33-5-52 Boater safety certification generally. (a) Every person, except those specifically
exempted by statutory enactment, within five years from April 28, 1994, shall procure a boater
safety certification before operating a motorized vessel upon the waters of this state, as
defined in Section 33-5-3. This section shall not apply to any sailboat, rowboat, or canoe.
Notwithstanding anything to the contrary herein, an Alabama resident 16 years of age and older,
who has not been previously issued a boater safety certification, may for a period of thirty
(30) days following the date of sale of the vessel to the person, operate the vessel upon
the waters provided the following conditions are met: (1) The vessel has been registered in
the name of the person; and (2) a bill of sale for the vessel, indicating that the person
is the purchaser and owner of the vessel, is in the possession of the person at all times
of operation. In addition, any person while taking test drives of...
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