Ala. Admin. Code r. 220-6-.35

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-6-.35 - Boater Safety Certification/Vessel Operating Privilege Suspension Period Guidelines - Section 33-5-75(k)

(1) Under Section 33-5-75, Code of Ala. 1975, paragraph (k), the Commissioner of Conservation and Natural Resources may suspend the certification or operating privilege of a vessel operator without preliminary hearing upon a showing by its records or other sufficient evidence that the operator did the following:

"§ 33-5-75... "(k)...

(1)" Has committed an offense for which mandatory revocation is required upon conviction.

(2)" Has been convicted of any offense under Section 32-5A-191.3 which provides for suspension.

(3)" Has been convicted of any offense of any law or regulation which provides for suspension.

(4)" Has been convicted with frequency of serious offenses against boating or vessel operation laws or regulations governing the movement of vessels as to indicate a disrespect for boating or vessel operation laws and a disregard for the safety of other persons on the waters of this state.

(5)" Is an habitually reckless, careless, or negligent operator of a vessel, established by a record of accidents, or by other evidence.

(6)" Is competent to operate a vessel.

(7)" Has permitted an unlawful or fraudulent use of certification.

(8)" Has committed an offense in another state which is committed in this state would be grounds for suspension or revocation.

(9)" Has been convicted of fleeing or attempting to elude a marine police officer.

(10)" Has violated a restricted boater safety certification pursuant to Section 33-5-61."

(2) Subject to the provisions of Section 33-5-75, Code of Ala. 1975, the following suspension period guidelines are established for the matters referred to in subparagraphs (1) - (10) of paragraph (k) of Section 33-5-75, listed in paragraph (1) above:

(a) For § 33-5-75(k)(1), during the pendency of any proceeding for an offense for which mandatory revocation is required upon conviction;

(b) For § 33-5-75(k)(2), the mandatory suspension period provided for under Section 32-5A-191.3;

(c) For § 33-5-75(k)(3), as determined by the Commissioner of Conservation and Natural Resources, consistent with said law or regulation and, if applicable, with the provisions of Rule 220-6-.29, entitled "Point System/Operation of Vessels";

(d) For § 33-5-75(k)(4), 90 days;

(e) For § 33-5-75(k)(5), 90 days;

(f) For § 33-5-75(k)(6), during the period of incompetency;

(g) For § 33-5-75(K)(7), 90 days;

(h) For § 33-5-75(k)(8), as determined by the Commissioner of Conservation and Natural Resources based on the applicable period of suspension had the offense occurred in Alabama;

(i) For § 33-5-75(k)(9), 90 days; and

(j) For § 33-5-75(k)(10), 60 days.

(3) Action taken by the Department of Conservation and Natural Resources pursuant to the provisions contained herein shall be in accordance with the procedural requirements of Section 33-5-75, Code of Ala. 1975.

Author: Riley Boykin Smith

Ala. Admin. Code r. 220-6-.35

New Rule: Filed October 25, 1999; effective November 29, 1999.

Statutory Authority:Code of Ala. 1975, § 33-5-62.