Orange Beach, Ala. – (OBA) – A new law (HB358) will start being enforced in Alabama water on January 1st of 2024. The new marine legal system will increase fines and other penalties, which could include up to 30 days in jail. Enforcement of the new marine laws will be statewide and will create a boating violation system similar to the current traffic enforcement codes.
Of all the changes, "reckless boating" being upgraded from a misdemeanor to a violation, is garnering much of the attention.
Another change will make children younger than eight years old on a boat without a life jacket become a violation instead of a misdemeanor.
Operating a vessel without a Safety Certification/ License, will no longer be a misdemeanor but a full violation. One part of the license rules that is regularly misunderstood by visitors to the Gulf Shores area is the allowed age of operation. Below is the current language of that section in the law:
CERTIFICATION / LICENSE REQUIREMENTS FOR NON-RESIDENTS:
Non-residents 12 years old and older, may operate on Alabama waters up to 45 days per calendar year without having to obtain a vessel operator's license. If operating a vessel for more than 45 days per calendar year, the non-resident must get an Alabama Non-Resident Vessel Operator's License. Non-residents who have obtained a vessel certification or license from their home state may use that in lieu of the Alabama Non-Resident Vessel Operator's License. HOWEVER: Non-resident vessel operators 12 or 13 years old, can only operate if there is someone 21 years old or older on board, who either has a valid vessel operator's license in possession or falls under the 45-day exemption period because of non-residency status, and who is seated in a position to take immediate control of the vessel if necessary.
Overall, the financial penalties for violations will increase and the jurisdiction of these violations will reside in District Court.