Current through Register Vol. 42, No. 5, February 29, 2024
(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
Statutory Authority:
Code of Ala.
1975, §
33-5-62.
