Name:	Capt M Brooks -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/28/2014 8:59:19 PM

There is one regulation and one law that each specifically addresses the wake created by a vessel on public waters.

First, Regulation 220-6-.07 (14): Vessels approaching or passing another vessel shall be operated in such manner and at such rate of speed as will not create a hazardous wash or wake. It's important to note here that this regulation deals only with vessel traffic as it relates to other vessel traffic - it makes no mention of other property or shoreline. It's also important to note that the regulation doesn't define "hazardous".

Next, you have Code of Alabama statute 33-5-70, which creates the offense of Reckless Operation of a Vessel and Careless Operation of a Vessel:

Reckless operation of vehicle; careless operation; violation of rules and regulations of Marine Police; penalties.

(a) It is unlawful to operate a vessel in a reckless manner upon the waters of this state. A person is guilty of the reckless operation of a vessel who operates any vessel, or manipulates any water skis, aquaplane, or other marine transportation device, upon the waters of this state in willful or wanton disregard for the safety of persons or property at a speed, or in a manner to endanger, or likely to endanger, life, limb, or damage the property of, or injure any person. Any person who violates this subsection is guilty of a Class A misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less than one hundred fifty dollars ($150).

(b) Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, so as not to endanger the life, limb, or property of any person. The endangerment of life, limb, or property through the negligence, carelessness, or inattention of any person operating a vessel on the waters of this state shall constitute careless operation. Vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property. Any person who violates this subsection is guilty of a Class B misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less than one hundred dollars ($100).

With regard to Reckless and Careless Operation, I have placed the key components in bold type and in italics.

Willful (intentional) or wanton disregard and negligence, carelessness or inattention are difficult components to prove in court when a person is operating a water craft that is designed to be operated in a certain manner, whether it's a personal watercraft or wakeboard boat. The fact that the law specifically states that vessel wake and shoreline wash absent negligence shall NOT constitute damage or endangerment to property pretty much makes it next to impossible to charge someone with any of these offenses UNLESS it's an extremely egregious and repetitive act that an officer and witnesses can successfully describe to a judge or jury.

Name:	CAT BOAT -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/28/2014 9:37:54 PM

I thought all that stuff went away with the "go fast" boats.

Name:	HP HQ -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/28/2014 9:44:30 PM

Steve, are we stirring the pot again? ?? Captain Brooks, you the man as always! !!

Name:	MartiniMan -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/28/2014 10:34:29 PM

Quit making trouble and fix my wedge boat. And no pink spray paint.

Name:	Spot Remover -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/29/2014 8:35:11 AM

Y'all are the lucky recipients having the responsibility to enforce vague and misleading laws just like

the game wardens. It has to be fun. (no response necessary).

One Saturday afternoon, one of you that wants to, should go sit on the bank or pier at Sunset

Point, to see the carnage of their docks. Heck they can't even finish fixing their docks before they

are torn up again. We, at Sunset Cove are somewhat protected, but watching that chaos at Sunset

Point is unbelievable.

Name:	NautiqueFrk -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/29/2014 9:03:47 AM

Maybe one day we can get some no wake signs, in the Sunset point area, but in order to do so I guess we will have to put in a boat ramp and sell gas, which I heard was the requirement to obtain the no wake status. Then once we get the no wake status, like so many other areas around the lake you see (like the one around the bend in an old part of Still Waters), we can tear the ramp out and remove the gas island and be set for life. What a joke, wake up everybody, get in the real world, the people in our area, just do not know the right people to get it done. 

Name:	ecstasypoint -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/29/2014 11:42:41 AM

Law enforcement can only enforce laws as they exsist. What is needed is new laws, and that requires people getting perturbed enough to go through the channels to get new laws passed. We will get there by necessity at some point, but those of us taking the beating could go ahead and get started any time to discuss what would be a prudent and fair way to see that our rights are also taken into consideration.

Name:	LonghornBoater -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/29/2014 12:25:39 PM

I find the intermitent firing of a potatoe gun throuhout the weekend can result in the reduction of boat and seadoo traffic.  Just sayin'

Name:	btexpress -	Reply
Subject:	Regarding Boat Wake Responsibility
Date:	7/29/2014 5:27:54 PM

I like the potatoe gun idea....also use drones to drop stuff..like paint balls