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| Name: |
Capt M Brooks
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| Subject: |
3 Lakes Law Update
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Date:
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9/29/2009 10:54:51 AM
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Now that the Supreme Court has made its ruling on the “3 Lakes Law” and with the recent round of posts on this forum regarding that law we thought it might be a good idea to provide an overview and update to our activities regarding this particular statute.
In a nutshell, the law prohibits the following on Lake Martin:
1. Any vessel longer than 30’6”.
2. Any houseboat.
3. Any vessel longer than 26’11” that is capable of exceeding 60 m.p.h.
Category 1 and 2 can be “grandfathered” in providing the owner prove to the Marine Police Division that the particular vessel was in use on Lake Martin prior to July 1, 2006 or offered for sale at an adjacent marina or dealer prior to that same date. The vessel’s owner is required to make application for a lake usage permit that is renewable annually and pay the corresponding fee.
When the law was originally challenged in Montgomery County Circuit Court the Commissioner of our department made the decision that we would not begin enforcement of the law until that particular challenge was decided. Once the law was upheld we began addressing several issues with the law that would make it more prosecutable in court. At the same time we were resolving these issues we had to develop the permitting process called for in the law.
Once we felt like we had the major issues resolved and our permitting process in place, we distributed the “grandfather” applications to all of the marinas on Lake Martin and then began routinely making enforcement contacts of boats affected by this law.
To date, we have issued approximately 24 warnings, which we are required to do by law on the first offense. Of those 24 vessels, 22 were found to be eligible for “grandfathering” by our officers. We issued the first offense warning to the boat operator and gave them an application for Lake Usage Permit.
As of this writing our office in Montgomery has received 14 applications and so far we have issued 6 Lake Usage Permits for Lake Martin.
Over the Labor Day weekend we also ran radar in an enforcement capacity for the first time. The fastest boat we clocked during that weekend was found to be traveling 43 m.p.h.
From our point of view, this particular law is going to have a slower impact than some people might expect. For example, a great many of the “big” boats that you see on the lake are going to meet the “grandfathering” requirements. Boats up to 26’11” in length can still pretty much travel as fast as they want as long as they are not endangering themselves or other boaters. A 26-foot boat traveling 55 m.p.h. looks a lot bigger and faster than it actually is. Some of what gets reported to us with the speed issue is mistaken identification on the part of the complainant.
That being said, though, we did notice a drop-off in the larger “go-fast” type boat and the few that we did stop were either visiting from another state or had just purchased the boat and was not aware of the law.
We look to increase our enforcement in the coming months particularly in regard to the boats that should be grandfathered but don’t display the Lake Usage Permit Decals. We are maintaining a database by registration number of the boats that have been warned and if we see that boat a second time without the permit then a citation will be issued. If you have a boat that you feel meets the grandfathering requirements, you can pick up an application from any marina on the Lake or from our office here at Wind Creek State Park.
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| Name: |
NautiqueFrk
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| Subject: |
3 Lakes Law Update
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Date:
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9/29/2009 11:22:07 AM
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I mailed in my form on August 3, 2009, and have not yet heard back form anyone. Also the check I sent in has not been cashed. Just wondering what is going on, picked up the form at the marina, like I was told to do by the management.
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| Name: |
Nancy Christine II
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| Subject: |
Oh dear? 3 Lakes Law Update
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Date:
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9/29/2009 11:39:14 AM
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Hummm, what constitutes any House Boat? Is the SeaCamper going to be ban?
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Per our phone conversation this morning.
Thank you for your help in this matter Captain Brooks.
Heather Babecki.
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| Name: |
crappyattitude
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| Subject: |
Isn't it...
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Date:
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9/29/2009 12:36:22 PM
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a camper? Not a houseboat? Just asking. : )
What about these pontoon houseboat... I mean campers?
Crappy : )
(just outside of Nashville)
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| Name: |
crappyattitude
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| Subject: |
What about visitors...
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Date:
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9/29/2009 12:38:14 PM
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from out of state. Do ya'll just not want the financial enflux from out of state? What are the fines?
Crappy : )
(just outside of Nashville)
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| Name: |
Summer Lover
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| Subject: |
Big boat idea
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Date:
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9/29/2009 2:28:32 PM
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When we get a big boat, we will just have CAT repower it to drive sideways - I read nothing that says there is a limit to your boat's beam....
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| Name: |
GoneFishin
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| Subject: |
Big boat idea
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Date:
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9/29/2009 2:37:49 PM
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You been thinking too long. Imagine a boat with a 30 ft beam that is 12 feet long. Can see a YOU TUBE with the wake from that baby. Talk about moving some shorelines.
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| Name: |
Summer Lover
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| Subject: |
Big boat idea
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Date:
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9/29/2009 2:41:40 PM
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Everybody can have a front seat, I imagine CAT can come up with the horsepower to part the water. I will give you a call when we launch. :-)
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| Name: |
realfast64
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| Subject: |
3 Lakes Law Update
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Date:
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9/29/2009 10:08:34 PM
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So now you and my legislators tell me that my to large boat will only be grandfathered if i pay a fee. Where the h--- did that come from. Can you tell me of another GRANDFATHER FEE?
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| Name: |
NautiqueFrk
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| Subject: |
3 Lakes Law Update
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Date:
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9/30/2009 6:15:16 AM
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I am still waiting on an answer to my topic. If the Marine Police are going to step up checking decals in the next month, then, when are they going to send the decal I applied for. I sent all the information, they needed as well as proof by Marina operators, that was reguired with the form, that my boat has been on the lake and have not heard back. On the form it said the turn around time is 2 weeks, I am now going on 7 weeks. As far as the fee, I figured it was part of the cost of making and mailing the decal. I really am not concerned about the cost. It just makes me mad when you do play by the rules, and do, what you are supposed too, nothing happens. I see where Capt. Brooks said 14 have applied and 6 decals have been issued, what's the hold up on the other 8? Anyway this is just my two cents worth, after I get the decal, it will be the last one I buy, because then I will be grandfathered in, as long as the decal does not rot away. When I get it I may have it encased in plastic and framed, so that it will be with me for life, just kidding. Hopefully I do not get pulled over and checked in the next few months, due to lack of a decal, for I somewhat could get extremly mad, since I have done the reguired steps, but either the marine Police are the State of Alabama is draging around.
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| Name: |
head
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| Subject: |
3 Lakes Law Update
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Date:
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9/30/2009 8:40:21 AM
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What can we do to slow down the bass boats. We need to have a 30 mph law for every boat on the lake. We also need to have a 350' buffer zone on all boats that are under power and 150'for boats at the rock . We also need to outlaw pwcs that run over 25mph. We need to start thinking about safety
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| Name: |
Capt M Brooks
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| Subject: |
3 Lakes Law Update
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Date:
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9/30/2009 12:24:37 PM
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The fee is an annual fee that the law allowed us to charge in order to cover the costs of printing materials and processing applications. The decals only need to be placed once, the permit will expire 12/31 each year and need to be renewed annually.
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| Name: |
realfast64
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| Subject: |
3 Lakes Law Update
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Date:
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9/30/2009 7:53:00 PM
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don't fret it is on the way i am for the electric boats now.
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| Name: |
Summer Lover
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| Subject: |
Agreed
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Date:
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10/1/2009 4:26:09 AM
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Now lets go after the Gen X and Gen Y's who play motocross on the PWC, the rednecks who are making noise before dawn running their bass boat's outboard, the tattooed freaks and jlazc :-)... out making monster waves to wakesurf on, and lock me up because I play music while on the boat. The only downside I can see to the electric boat idea is the huge amount of lead and acid that are just a leak away from being a hazmat cleanup on the lake. I think we all need to be more eco-friendly - time to launch the rowboats guys.
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