HB238 Alabama 2021 Session

Summary

Primary Sponsor

Ginny ShaverRepresentative

Republican

Co-Sponsors

Mike HolmesEd Oliver

Session

Regular Session 2021

Title

Watercraft, operation of, boater safety certification requirements, further provided, Secs. 32-5A-191.3, 33-5-51, 33-5-52, 33-5-72 am'd.

Summary

HB238 tightens Alabama boat safety rules and penalties by expanding license suspensions for BUI and DUI, requiring nonresident certification, and upgrading equipment and speed rules for vessels.

What This Bill Does

The bill would suspend both boating and driver's licenses for boating under the influence, and suspend the driving license and boating license or boater safety certification for operating a motor vehicle under the influence. It creates criminal penalties for operating a vessel or personal watercraft at greater than idle speed under certain conditions. It requires all nonresidents to obtain boater safety certification in their home state or a Nonresident Alabama Boater Safety Certification before operating in Alabama, with some exceptions. It also extends the emergency shut-off switch requirement to vessels under 26 feet and updates related safety and administrative provisions, including how fines are distributed.

Who It Affects

• Alabama residents or anyone operating a vessel in Alabama: face potential suspensions of boating and/or driving licenses for BUI/DUI, must follow stricter speed and safety equipment rules, and may incur longer restrictions after multiple offenses.
• Nonresident boaters: must obtain a boater safety certification (home state or Nonresident Alabama option) before operating in Alabama, with limited 45-day provisions if their home state does not require certification.

Key Provisions

• Amends 32-5A-191.3 to suspend boating license and driver's license for boating under the influence; for operating a motor vehicle under the influence, suspends the driver's license and boating license or boater safety certification.
• Adds vessel-related penalties for operating at greater than idle speed under certain conditions; requires field testing for BUI with breathalyzer and assigns penalties for refusal similar to DUI testing.
• Imposes specific vessel/boater certification suspensions: 90 days first conviction, 1 year second within 10 years, 3 years third within 10 years, and 5 years fourth or more within 10 years.
• Counts prior boating under influence convictions within 10 years for sentencing purposes; imposes fines to the State Water Safety Fund and clarifies sentencing rules related to probation and presence of a child during offense.
• Expands emergency shut-off switch requirements to vessel lengths under 26 feet (previously 24 feet) and requires lanyard-style switches on PWCs without self-circling capability; requires PFD usage and rearview mirrors for towed PWCs; defines idle speed and distance restrictions near hazards for PWCs.
• PWCs and speeding restrictions: unlawful to operate PWCs at greater than idle speed within specified distances (and rules vary by width of the channel) of hazards like moored boats, docks, the shoreline, parks, marinas, or law enforcement vessels.
• Age and operator restrictions for PWCs: no one under age 12 may operate a PWC; operators 12 and older are subject to additional restrictions; requires licensing and exemptions for commercial operations and rentals under certain conditions.
• Boater safety certification requirements (33-5-52): general rule that most residents must obtain certification, with exceptions for new residents, temporary operation, nonresidents, and certain exemptions for rentals and commercial activity.
• Section 3 aligns vessel operating privileges or boater safety certification suspensions with DUI penalties under 32-5A-191, excluding ignition interlock requirements.
• Section 4 provides a constitutional exemption path for the bill under Amendment 621, noting the bill defines a new crime or amends an existing one.
• Section 5 sets effective dates: Section 1 (BUI/DUI provisions) becomes May 1, 2022; other provisions take effect later as the act progresses.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Vessels