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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification
or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner of
Conservation and Natural Resources may cancel any boater safety certification upon determining
that the holder of the certification was not entitled to the issuance or that the holder failed
to give the correct or required information in the application for certification. Upon cancellation
the holder shall surrender the certification cancelled and any duplicate. A holder who refuses
to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor,
punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege
of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall be
subject to suspension or revocation by the commissioner in like manner and for like cause
as a boater safety certification may be suspended or...
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33-5-61
Section 33-5-61 Restrictions for persons impaired from physical disabilities; special restricted
certification; penalty for violation of restrictions. (a) The Director of Public Safety, upon
issuing a boater safety certification, shall have authority whenever the holder is impaired
from a physical disability to impose restrictions suitable to the holder's operating ability
with respect to the type of or special mechanical control devices required on a vessel which
the holder may operate or other restrictions applicable to the holder as the Director of Public
Safety or Commissioner of Conservation and Natural Resources may determine to be appropriate
to assure the safe operation of a vessel by the holder. (b) The Director of Public Safety
may either issue a special restricted certification or may set forth restrictions upon the
usual certification form in the issuance of certification under subsection (a) of this section.
(c) The Commissioner of Conservation and National Resources may,...
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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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33-5-67
Section 33-5-67 Operation while certification is cancelled, suspended, or revoked prohibited;
penalties. Any person whose boater safety certification or vessel operator's certification
issued in this or another state or whose vessel operating privilege as a nonresident has been
cancelled, suspended, or revoked, as provided in this article, and who operates any motorized
vessel upon the waters of this state while certification or privilege is cancelled, suspended,
or revoked shall be guilty of a Class C 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 ($100). Also, at the discretion of the Commissioner of Conservation
and Natural Resources, the person's certification or privilege may be revoked for an additional
revocation period of six months. (Acts 1994, No. 94-652, p. 1243, §20.)...
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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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33-5-66
Section 33-5-66 Violations; penalties. (a) Any person of whom a boater safety certification
is required, who operates a motorized vessel on the waters of this state as the terms are
defined in Section 33-5-3, without first complying with this article, or the rules and regulations
promulgated, 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 twenty-five dollars ($25). (b) Any person who knowingly gives permission to operate a
motorized vessel on the waters of this state, as the terms are defined in Section 33-5-3,
to another person who is required to have a boater safety certification pursuant to this article
and who does not have a boater safety certification in compliance with this article, or to
another person required to be accompanied pursuant to this article and who is not accompanied
in compliance with this article, shall be guilty of a Class C...
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33-5-60
Section 33-5-60 Reciprocal agreements with other states. The Director of Public Safety and
Commissioner of Conservation and Natural Resources are empowered to enter into reciprocal
agreements with other states constituting an exchange of rights or privileges in the use of
boater safety certifications, vessel operator's certifications, or vessel operating privileges,
within this state by residents of other states. Nothing in this article shall in any way affect
the revocation of certifications of another state. The reciprocal agreement can be annulled
on notice issued to either party by the other party within 30 days. No agreement shall authorize
a person who has been a resident of this state for the past 90 days to operate a motorized
vessel in this state without a valid boater safety certification issued by the Director of
Public Safety of this state. (Acts 1994, No. 94-652, p. 1243, §13.)...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-4.htm - 34K - Match Info - Similar pages
32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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33-5-58
Section 33-5-58 Persons with physical disabilities or impairments; hearings. (a) Any person
with physical disabilities, a record of an impairment or regarded as having an impairment,
shall be subject to the same laws, rules, and regulations set forth by the Department of Public
Safety and the Department of Conservation and Natural Resources relating to the certification
of an individual to operate a vessel. (b) Notwithstanding any law, rule, or regulation, the
Department of Public Safety shall not refuse to issue or renew any certification for the operation
of a vessel on the grounds of physical appearance, speculations, or generalizations that the
individual's physical impairment would impede that person's ability to operate a vessel in
a safe manner without probable cause to believe the person's ability to operate a vessel in
a safe manner is in fact impaired. (c) If the department refuses to issue a certification
or arbitrarily questions the person's abilities, based on physical...
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