Name:   Capt M Brooks - Subject:   Regarding Boat Wake Responsibility Date:   7/28/2014 8:59:19 PM

There is one regulation and one law that each specifically addresses the wake created by a vessel on public waters.

First, Regulation 220-6-.07 (14): Vessels approaching or passing another vessel shall be operated in such manner and at such rate of speed as will not create a hazardous wash or wake. It's important to note here that this regulation deals only with vessel traffic as it relates to other vessel traffic - it makes no mention of other property or shoreline. It's also important to note that the regulation doesn't define "hazardous".

Next, you have Code of Alabama statute 33-5-70, which creates the offense of Reckless Operation of a Vessel and Careless Operation of a Vessel:

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 the life, limb, or property of any person. The endangerment of life, limb, or property through the negligence, carelessness, or inattention of any person operating a vessel on the waters of this state shall constitute careless operation. Vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property. Any person who violates this subsection is guilty of a Class B 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 dollars ($100).

With regard to Reckless and Careless Operation, I have placed the key components in bold type and in italics.

Willful (intentional) or wanton disregard and negligence, carelessness or inattention are difficult components to prove in court when a person is operating a water craft that is designed to be operated in a certain manner, whether it's a personal watercraft or wakeboard boat. The fact that the law specifically states that vessel wake and shoreline wash absent negligence shall NOT constitute damage or endangerment to property pretty much makes it next to impossible to charge someone with any of these offenses UNLESS it's an extremely egregious and repetitive act that an officer and witnesses can successfully describe to a judge or jury.