Name:   Capt M Brooks - Subject:   Vessel Operator Certification Information Date:   6/12/2014 6:23:17 PM (updated 6/12/2014 7:01:31 PM)

The Roberson-Archer Act, also known as the Boating Safety Reform Act of 1994, was passed on April 28, 1994. One of the most notable parts of that law was the Operator Certification (also known as the Boat Driver License) requirement. It was the first piece of legislation of its kind in the United States.

The purpose of the law was two-fold: it guaranteed that the certification holder had at the very least been exposed to boating safety laws and it gave officers and the courts a recourse to deal with and punish serious and/or serial violators. Previously, there was no course of action to keep an individual from operating a boat in Alabama.

The certification requirement provided for a V endorsement to be placed on the resident Driver License. It also provided for a Non-Resident Vessel Only license for those who resided out of state but wanted to obtain the certification. At that time, it set the minimum age for certification at 12. Today, persons 12 and 13 must obtain the certification AND have a licensed 21-year-old adult on board with them when they are operating.

People born prior to April 28, 1954 were exempted from having to take the exam or boating safety course necessary in order to obtain the certification. This was known as the "Grandfather Clause" and has been the subject of much confusion. People who were born prior to April 28, 1954, ARE STILL REQUIRED to have the Certification and must have the V endorsement on their license. They are simply exempted from having to take the test or class in order to obtain the endorsement.

By law, all residents were given 5 years to comply with the requirement - the idea being that in 5 years every licensed Alabamian would go through the license renewal process at least one time - saving that individual the duplicate license fee that would be charged if he complied with certification requirements at any time other than during his renewal period.

Your original issuance fee goes to the Department of Public Safety and is a one-time only charge. There is no renewal fee for the V endorsement. People 12 - 15 will pay an additional $23.00 fee for the issuance of their license and that license number will become their car driver license once they meet those requirements at 16 - without having to pay the issuance fee again.

We began enforcement in 1999 - writing warnings for the first six months.

Our officers are trained so that the Certification is the first thing they will ask for after stopping a boat.

We will not accept the paper certificate showing that an individual has completed an in-person or online boating safety course as a license or as a temporary license until the the operator can obtain the "real" one. The certificate simply shows that the person has completed one of the steps necessary to obtain the license.

We don't allow paper copies in place of the original license because anyone with a home computer and $25.00 printer can fake or alter a license. The law also states that the Certification must be carried and officers can't exempt or give permission to anyone to disobey the law.

By law, if a person is cited for not having their license in their possession at the time of a stop, the judge has to dismiss the case if the person presents to him in court a license that was valid at the time of the stop. No fines or cost can be paid. This is not to be confused with not having a license and then obtaining one prior to court. That, then, is up to the judge's discretion and he can still fine the individual if he chooses to do so.

We have enforced, do enforce and will continue to enforce this law stringently. Since 2010 on Lake Martin, our officers have issued 73 citations for Operating Without a License. We have issued 50 warnings for Operating Without a License and 142 warnings for Failing to Have License in Possession. These numbers don't include Aquapalooza activities or they would be a bit higher.

Our officers do have the ability in the field to run a license check to see if a person has a valid operator's license. This ability is hampered by location and connectivity issues and may not always be able to be done. The officer does NOT have to check to see if a person has been certified, it's at his discretion. This is where we have the old "honey" vs. "vinegar" concept. With our officers, a cordial attitude on the operator's behalf will go a long way.

Out of State Residents may operate lawfully in Alabama for 45 days in a calendar year without having to obtain a Non-Resident Vessel License. If his home state has certification or education requirements, he must have met those requirements in his home state and carry any proof with him to be presented to our officers. We do require Non-Resident operators to carry some official form of identification with them when operating in Alabama to prove non-residency to us.

We do hear from time to time about the requirement to carry the license in possession being a pain to comply with. Back in 1999, we heard it regularly but over time people have gotten used to taking their license with them everywhere they go. Today, usually the person doing the complaining has one or more cell phones, an Ipad or Ipod, fanny pack, etc. and a ton of other personal supplies and equipment with him. The license is often the smallest and easiest item to carry of all.

I realize this is a lot of information and lengthy to read, but I hope this clears some things up. If anyone has any questions, please feel free to post them here or E-mail me at matt.brooks@dcnr.alabama.gov.