Name:	Capt M Brooks -	Reply
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.

Name:	lakngulf -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/12/2014 6:46:23 PM

Well said.  Thanks!

Name:	boataholic -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/12/2014 9:57:22 PM

OK, you got me.  I do take the phone with me in case we need to call for help so I guess remembering the license is no different.  It does help that we've got a waterproof bag so we "pack" it before we go out with phones and licenses and such and then unpack it before we go home.

Name:	Shortbus -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/12/2014 11:58:35 PM (updated 6/13/2014 12:00:41 AM)

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.

If I take all the above stuff with me, it ends up at the bottom of the lake.  Maybe I am missing something.

If I must carry my vessel license, why can't I just get cheap driver's license copies clearly designated as vessel only?

I'd just drop a license into the sailboat, boat and jetscooter and worry about it in 5 years.

If vessel only license copies are a bad idea, please tell me why.

If vessel only license copies are a good idea, will you support it and take it to the proper lawmakers? How tough could it be to print a big V on a license copy?

Name:	GoneFishin -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/13/2014 1:40:24 AM

Capt

Thanks for your input. I always look forward to reading your posts. Has any nonresident ever been ticketed for violating the 45 day rule as it appears to be an unenforceable law?

Name:	UncleSam -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/13/2014 1:51:01 AM

"If I take all the above stuff with me, it ends up at the bottom of the lake.  Maybe I am missing something." If you can't manage to keep yourself from constantly dropping stuff overboard, then what you are "missing" isn't a simple answer, and is definitely one you don't want to hear. (But to be nice, maybe what you're missing is a float that you can tie to that bag of stuff you keep dropping overboard.)

"If I must carry my vessel license, why can't I just get cheap driver's license copies clearly designated as vessel only?" I am pretty sure that this isn't something decided by the Marine Police; the DMV must not want multiple licenses out there. Why? I don't know, but if you're complainng to Capt. Brooks about it, my guess is that you're complaining to the wrong person.

"I'd just drop a license into the sailboat, boat and jetscooter and worry about it in 5 years." Again, if you can't manage to spend a day on the lake without losing all of your valuable personal possessions, you need to be worrying about other things.

"If vessel only license copies are a bad idea, please tell me why." And again, you're likely complaining to the wrong person.

I have a feeling you're the guy who tries to make the "So what if I was pulling six kids on a tube at high speeds through a crowded area, with no observer in the boat, and with a beer in one hand and a cocktail in the other? WHY is that so bad?" argument. Because it seems that the laws that the rest of us must comply with were not written with your convenience in mind, so therefore they must not apply to you.

Name:	UncleSam -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/13/2014 1:52:54 AM

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.

I did not know that the law had been amended for that, but I'm glad it was; that's a good change. I still wish the exam was much tougher (and not so easy to cheat on) but this is a good start.

Name:	JTenn -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/13/2014 7:22:03 AM

Thank you Capt. Brooks.

if laws pleased 100% of the people you wouldn't need the law passed in the first place.

Name:	Capt M Brooks -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/13/2014 8:54:51 AM

Not that I am aware of. And you are pretty much spot on. There are several laws within Title 33 that present some unique challenges in enforcement, but that one would be one of the most challenging.

Name:	p.c. -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/13/2014 9:58:04 AM

Capt. Brooks-Our daughter and son-in-law are moving to Virginia next week.  They both have their vessel license, but it will not be noted on their new Virginia Drivers License.  How do you acquire the 'Vessel Only' license for out of state residents?  Thanks so much for your post!

Name:	Capt M Brooks -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/14/2014 1:56:47 PM

Once their Virginia residency is established and Virginia licenses obtained, they can go to the Driver License Examiner's office in any Alabama county to begin the process of obtaining an Alabama Non-Resident Vessel Operator License. Many examiner's offices and courthouses keep varied hours now due to staffing concerns, so I would call ahead first and double-check everything by phone with them to make sure they're open.

Name:	lakegirl+3 -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/14/2014 7:28:26 PM

When your officers stop someone for a supposed violation and ask " what are the boating rules!"  What is the exoected response?  My 16 yr old daughter was stopped today on a jet ski. . Proposed accusation was made by officers. She was Asked what the rules were. She asked specifically twice what exactly they were referring to. A laughing response was never clear. They did not give her a citation but presented her with a rule book. Not sure if this was bordering on harassment, but your officers need I be more clear of their expectations. Beyond scaring her to death and making her not want to drive on the waterways again , they accimplished

nothing. Please let me know how she should have reacted.  Very disappointed parent!

Name:	p.c. -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/15/2014 10:05:03 PM

Thanks Capt. Brooks, I'll pass the info along.  

Name:	Spot Remover -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/16/2014 7:36:36 AM

Capt. Brooks, are there any S.E. states that don't require certification or education in relation to being able to operate a vessel in their home state. (If you don't mind, what would those states be?)

Just wondering if these requirements would coincide with what alot of us see on the lake (we will call it bad judgement) when we know the home state of the individual?

Thanks

Name:	Capt M Brooks -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/17/2014 4:30:29 PM (updated 6/17/2014 4:31:35 PM)

Of the states that border Alabama - Georgia, Florida, Mississippi and Tennessee - all four require some type of boating safety education, though some of the requirements vary by age and vessel type. By my count, 45 states nationwide now require boating safety education in some form or other.

In the Marine Police Central Division, which covers Lake Eufaula, Lake Harding and Lake Martin - we deal with a lot of Georgia residents, and on some days it seems like we see more Georgia residents than Alabama residents. 

Incidentally, the new Georgia law requiring persons born on or after January 1, 1998 to complete an approved boating safety education course prior to operating a motorized vessel goes into effect in Georgia on July 1st. Beginning on that date, we will require Georgia residents that fall under this law to carry their proof of completion of the approved boating safety education course with them when operating on Alabama waters, as our law requires.

Here are a couple of links that may interest you:

New Georgia Boater Education Law

Guide to National Boating Education Requirements by State

Name:	btexpress -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/18/2014 10:37:39 AM

    Capt Brooks,

       Thank you for taking time to respond to these imprtant questions.  Too bad you can't regulate common sense, poor judgement &  lack of respect.  Rest assured that there many good, safe and caring people that operate on the waters of the lake.  Some will even try to gently educate & encourage others to reamain safe.  But, most of the time we get the same negative response that you get and worse because we aren't wearing a badge.  Sad part is that in most cases we are just trying to keep them safe.

  Happy & Safe boating too all

        Top ten responses from folks:

1. you don't own the lake
2. you ain't my Daddy
3. I don't need a vest
4. I've done this forever
5. I know what I'm doing
6. where's your badge
7. I can do what I want
8. go ahead call the cops
9. my boat didn't do that
10. Foxtrot Yankee...your # 1

Name:	Spot Remover -	Reply
Subject:	Vessel Operator Certification Information
Date:	6/18/2014 2:03:49 PM

Thank you. Looking forward to being safer, hopefully, from boaters from a neighboring state.