Logan Martin Lake Topics: Alabama DCNR Press Release
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Name:
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Webmaster
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Subject:
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Alabama DCNR Press Release
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Date:
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8/28/2008 5:46:31 PM
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I want to thank Capt. Brooks for responding and allowing this to be posted.
Webmaster
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The permitting process has not begun yet and no one has been issued a permit. That is something our legal section is working on and we hope to have in place very soon. The purpose of this weekend's efforts is to make people aware that we are enforcing the law. We have received complaints that nothing is being done about enforcement and no matter the legal challenges, support or lack of support the law has...it is still the law.
As to the grandfathered boats, this weekend we intend to err on the side of caution. If a boat appears to meet any of the conditions on the surface for grandfathering, we will take the owner's name and contact information down. Once the permitting process is in place, we will notify them of the steps necessary in order to obtain the permit. Among the things we will look at that will prove to us a boat is grandfathered will be: date of manufacturer of the boat, date of sale, marina rental agreements, MSD records, registration records and things of that nature. The permit will require annual renewal. There will be the obvious examples (all boats exceeding the length requirement manufactured after July 1, 2006 for example, would be prohibited) that we will identify and those individuals will be required to remove their boat from the lake or risk a citation.
Our officers will not have the time or the ability on patrol to measure a boat's length and we do not intend to. We will base our initial decision on what is listed on the registration certificate to determine a boat's length. Obviously, this might mislead people into attempting to re-register their boat with a shorter length. By doing so the individual would then be committing a second offense under Title 13A of the State of Alabama criminal code.
As for speed. Most every boat on the lake is "capable" of 60 miles per hour or better if the power supply is big enough. We are going to rely on selective radar enforcement and written manufacturer's ratings to enforce that segment of the law. Obviously if we clock a 28-foot vessel at 65 m.p.h. then we have proven that it is capable of exceeding the maximum speed. Likewise, if the manufacturer rates a certain model for anything over the maximum speed then it would be in violation. We do intend to use unmarked boats during radar enforcement, so it won't be as simple as just avoiding our marked units.
We realize that there are complications in enforcing this law and we do plan to use a heavy dose of commons sense in doing so. However, our job is to enforce the laws enacted by the state legislature and we intend to do that to the best of our ability. I would ask that people continue to be patient with our officers and avoid taking their frustrations out on us as we go through this process. The best place to disagree with or argue against a citation for a violation of this or any law will be in the district court.
Captain Matt Brooks
Alabama Marine Police
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