ALEA emphasizes boating safety, kill switch and wakesurfing regulations ahead of Memorial Day weekend

MONTGOMERY, Ala. – The Alabama Law Enforcement Agency’s (ALEA) Marine Patrol Division joined organizations across the country to participate in and observe National Safe Boating Week, a global initiative running May 18-24. Boating is a cherished pastime in Alabama, especially during Memorial Day weekend, which begins at the end of National Safe Boating Week and marks the unofficial start of the summer boating season. With this in mind, the Agency hosted a press event at the Alabama State Capitol on Tuesday, May 21, highlighting the importance of water safety and announcing recently signed legislation that will significantly improve water safety across the state.

One monumental legislative update was the kill switch, or “kill switch,” which brought state law in line with federal law. The law requires that the emergency stop switch be used on covered vessels when the vessel exceeds its displacement speed. Covered vessels are any motor vessel less than 26 feet in length and equipped with a propulsion system capable of producing 115 pounds of static thrust, which is generally an engine of 3 horsepower or greater. This is required for all ships built on or after January 1, 2020, as well as ships that were already equipped with an emergency shut-off switch before or at the time the federal law came into force. This new requirement is intended to protect boat passengers and other watercraft from fleeing boats by ensuring that the engine immediately shuts down when the operator leaves the helm or is moved for any reason.

“The safety of all people using Alabama’s waterways is of the utmost importance,” said Matt Brooks, ALEA Marine Patrol Division Chief. “Boats can make sudden turns with enough force to throw the operator off the helm or completely eject him from the boat, making the vessel a mortal hazard for the ejected operator and creating a danger to others in the area. By requiring operators to use these switches, ALEA aims to prevent these types of accidents, thereby reducing the risk of injury and fatalities.

Another piece of legislation concerned the regulation of wakeboarding and wakesurfing in certain submerged waters of the state. This measure is intended to mitigate the potential hazards associated with this activity while preserving the natural beauty and recreational value of Alabama’s water bodies.

This act, which took effect on September 1, 2023, regulates wakeboarding and wakesurfing in waters of the State impounded by Lewis Smith Dam (Lake Lewis Smith), R.L. Harris Dam (Lake Wedowee or R.L. Harris Reservoir), and on Shoal Creek in Lauderdale County on north of Highway 72. Under the new law, no person may engage in wakeboarding or wakesurfing between sunset and sunrise in areas of water less than 400 feet wide, within 200 feet of any shoreline, dock, pier,

a boathouse or other structure located in impounded waters and not wearing a U.S. Coast Guard-approved personal flotation device.

Law enforcement will issue a warning for a first offense by September 1, 2024. A second or subsequent offense in the same calendar year will be treated as a first offense in terms of penalties. Penalties for a first offense are a fine of not less than $100.

Lakes Martin and Weiss have recently been added to this right. The Act will enter into force in relation to these water reservoirs on October 1, 2024.

“We know about the growing popularity of wakeboarding and wakesurfing in Alabama,” said Col. Jonathan Archer, director of ALEA’s Department of Public Safety (DPS). “Through thoughtful regulation, our goal is to create a safe and enjoyable environment for enthusiasts, while respecting the needs and concerns of other recreational users. This week and every week, our goal is to promote public safety and save lives on the water.”

ALEA Secretary Hal Taylor said, “We would also like to express our sincere gratitude to the Alabama Legislature and Governor Kay Ivey for their unwavering support, especially Representatives

Ginny Shaver, Ed Oliver and Senator Jay Hovey for their collaborative efforts to prioritize public safety on Alabama waterways during the past legislative session. With their help it is possible

Continue our mission to provide a safe and enjoyable experience for all who navigate our state’s scenic waterways.

ALEA’s Marine Patrol Division remains committed to promoting water safety and enforcing laws that protect the well-being of all people who use Alabama’s water resources. This legislation underscores ALEA’s ongoing commitment to improving public safety and preserving the natural beauty of Alabama’s waterways.

To promote safety on the water and boats, the Alabama Division of Marine Patrol offers the following tips:

• **Wear a life jacket** Always wear a U.S. Coast Guard-approved life jacket when boating, fishing, or participating in water sports. Make sure life jackets fit well and are appropriate for each passenger.

• **Avoid alcohol** Operating a boat under the influence of alcohol or drugs is illegal and significantly increases the risk of accidents. Designate a sober driver or captain to ensure safe navigation.

• **Check the weather** Stay up to date on weather conditions before heading out on the water. If severe weather is forecast, postpone boating and be prepared to seek shelter if necessary.

• **Follow navigation rules** Observe speed limits, keep a safe distance from other vessels and obey all navigation signs and buoys. Follow courteous boating etiquette and watch out for other boaters, swimmers and wildlife.

• **Equip your boat** Make sure your boat is properly equipped with necessary safety equipment, including fire extinguishers, navigation lights and a first aid kit. Inspect and maintain your vessel regularly to prevent mechanical failures.

• **Be prepared** Familiarize yourself with local boating regulations and emergency procedures. Carry a charged cell phone or marine radio so you can communicate in emergencies and inform the person on land of your swimming plans.

The acts in question

• Act 2023-363 – Emergency Cut Off Switch and Other Changes to the Marine Corps Patrol Reorganization, Effective January 1, 2024 (Rep. Shaver and Senator Elliott)
• Act 2023 – 459 – Wakesurfing Regulations, effective October 1, 2023 (Rep. Wadsworth and Senator Gudger)
• Bill 2024-212 – Adding wakesurfing and 30-meter distance provisions, effective October 1, 2024. (Rep. Oliver and Senator Hovey)
• Bill 2024-394 – Safety certification requirement for nonresident boaters, effective October 1, 2024 (Rep. Shaver and Senator Hovey)