Chapter 4: The Legal Requirements of Boating
Unlawful and Dangerous Operation

Alabama law designates certain dangerous operating practices as illegal. The following are examples of illegal and dangerous operation.

• Reckless Operation of a vessel, or reckless manipulation of water skis or similar devices, is the failure to exercise the care necessary to protect the life, safety or property of others. Some examples of reckless operation are:
  • Operating in violation of the navigation rules
  • Jumping the wake of another vessel unnecessarily close to that vessel, or encircling or buzzing another vessel or person in the water
  • Operating within 100 feet of a diver down flag
  • Weaving your vessel through congested waterway traffic or swerving at the last possible moment in order to avoid collision.
• Careless Operation of a vessel is operating in a negligent, careless or inattentive manner that endangers the life, safety or property of others. Some examples of careless operation are:
  • Operating a vessel not equipped with the required safety equipment
  • Failure to maintain a proper lookout for other vessels or persons in the water.
• Failure to Regulate Speed is operating at speeds greater than that which allows the operator to bring the vessel to a stop within a clear distance ahead, or at speeds which cause danger or inconvenience to others given the existing weather and traffic conditions. A vessel operator must not:
  • Operate at a speed which causes a hazardous wake or wash when approaching another vessel or when entering or leaving a marina or harbor area
  • Operate above a plane speed when persons or gear on board the vessel are such that the operator's view is obstructed or safe operation is impaired
  • Exceed any posted speed limitations such as idle speed or " slow, no wake" speed areas or any other speed zones.
• Overloading or Overpowering is loading the vessel with passengers or gear beyond the recommended capacity shown on the capacity plate (taking into consideration weather and existing conditions) or powering a vessel beyond the recommended horsepower shown on the capacity plate. It is illegal to operate, or allow others to operate, a vessel without a permanent capacity plate.
• Riding on Bow, Deck or Gunwale is allowing passengers to ride on the bow, gunwale, transom, seat backs, seats on raised decks, or any other place where there may be a chance of falling overboard.