Rule 20B. Uniform Boating Traffic Ticket And Complaint And Magistrates' Schedule of Fines For Boating Traffic Violations

ALABAMA RULES OF JUDICIAL ADMINISTRATION Rule 20B. UNIFORM BOATING TRAFFIC TICKET AND COMPLAINT AND MAGISTRATES' SCHEDULE OF FINES FOR BOATING TRAFFIC VIOLATIONS. (A) Complaint and Summons; Use; Forms. (1) Boating Traffic Complaint and Summons. The complaint and summons used in all nonfelony boating-traffic-violation cases filed in all courts of the State shall be the "Uniform Boating Traffic Ticket and Complaint" ("the boating ticket") or an approved electronic version of the boating ticket containing substantially the same information as that found on the boating ticket. Any reference to the boating ticket made in these Rules shall also include an electronic version of the boating ticket approved by the Supreme Court of Alabama. (2) Notice to Appear. The notice to appear is a document that may be electronically generated and printed at the site of the boating traffic stop or completed by hand by the issuing officer and served upon the defendant in lieu of the boating ticket. A notice to appear shall be served upon a defendant only in the event the law enforcement officer issues and files an electronic boating ticket with the court. The contents and format of the notice to appear shall be established and approved by the Administrative Office of Courts ("the AOC"). (3) Use of Boating Ticket. The boating ticket shall be used in all nonfelony boating-traffic-violation cases in all courts of the State. Any boating ticket properly issued by a law enforcement officer shall be accepted for filing and disposition in any court having jurisdiction over the alleged offense. (4) Form of Boating Traffic Complaint and Summons and Notice to Appear. The form, content, and numbering schemes of the boating ticket shall be as prescribed in Attachment One to this rule. The form, content, and numbering schemes of an electronic version of the boating ticket shall be as approved by the Supreme Court of Alabama. The form and content of a notice to appear shall be as approved by the AOC. (5) Issuance of Boating Tickets to Law Enforcement Officers. Each law enforcement agency shall issue the boating tickets for use by each officer within that agency. Each law enforcement agency shall obtain its supply of the paper boating tickets through purchasing and distribution channels prescribed by the AOC. All electronic versions and formats of boating tickets will also be distributed by the AOC. Any electronic version of the boating ticket must be approved by the Supreme Court of Alabama. (6) Accountability for Boating Tickets. (a) Law Enforcement Agencies. i Paper boating tickets. Each law enforcement agency shall be responsible for the proper accounting and use of all boating tickets stocked by that agency. Each law enforcement officer issuing a boating ticket shall complete and sign the boating ticket, serve a copy of the completed boating ticket upon the defendant, and, without unnecessary delay, normally within 48 hours, acknowledge under oath the facts alleged therein before any person within the judicial branch of government who is authorized by the State of Alabama to administer oaths and file the court copies of the boating ticket with the court having jurisdiction over the alleged offense. ii Electronic boating tickets. A law enforcement officer issuing an electronic boating ticket shall: a) Electronically or wirelessly transmit the defendant's boating licensing information and other pertinent information to be included on the electronic boating ticket to the AOC. If required by the court of jurisdiction, the law enforcement officer shall also submit a printed copy of the electronic boating ticket directly to the court. Pursuant to the provisions of this rule, the court may electronically file the boating ticket and otherwise process the boating the ticket; b) Serve a summons or notice to appear upon the defendant; and c) Without unnecessary delay, normally within 48 hours, acknowledge under oath the facts alleged therein before any person within the judicial branch of government who is authorized by the State of Alabama to administer oaths. Both the law enforcement officer and the person administering the oath may use an electronic-signature process approved by the AOC when swearing to and verifying electronic boating tickets. (b) Courts. The presiding circuit judge, other judge, or clerk of each court shall designate personnel to be responsible for accounting for all boating tickets used in such court. The designated personnel shall be responsible for the proper disposition and accounting of such boating tickets and shall cause to be prepared and submitted such records and reports relating to the boating tickets as may be requested by the AOC. Upon a request made in person, in writing, or by other means by the defendant or the defendant's attorney, the clerk of the court shall print or otherwise provide a copy of the electronic boating ticket to the person making the request. (c) Administrative Office of Courts. The AOC shall develop and maintain an electronic application that (1) permits the law enforcement officer to electronically store the boating-ticket information, (2) forwards the electronicboating-ticket information to the court of jurisdiction, and (3) allows the law enforcement officer and court to authenticate boating tickets pursuant to subsection (A)(6)(a) of this rule. Once the boating ticket is electronically filed with the court, the court must electronically report disposition and other information specified by the AOC to the AOC's central boating-ticket repository. The AOC shall have the authority to implement policies and procedures that establish processes for the fulfillment of any requirement of this rule. The AOC shall also provide each court filing an electronic boating ticket the ability to create and print the electronic boating ticket on demand. (B) Procedures. (1) Defendant's Appearance, Plea, and Waiver of Trial. A defendant charged with a boating traffic violation, which is included within an approved schedule of fines prescribed for magistrates in accordance with these Rules, may, within 7 days or, in the discretion of the magistrate, not later than 24 hours before the court date shown on the boating ticket: (a) Appear in person before a magistrate, sign under the "Plea of Guilty/Waiver of Rights" section on the back of, or accompanying, the boating ticket, or on a form provided by the magistrate, and pay the fine and costs; in such a case, the magistrate must retain a copy of the boating tickets or other such forms in either a paper or approved electronic format; or (b) Sign under the "Plea of Guilty/Waiver of Rights" section on the back of, or accompanying, the boating ticket and mail the boating ticket and the amount of the fine and costs to the clerk of the court. Remittance by mail of the fine and costs constitutes a guilty plea and waiver of trial, whether or not the "Plea of Guilty/Waiver of Rights" section on the back of, or accompanying, the boating ticket is signed by the defendant. Should the amount tendered be insufficient, such money received by the magistrate or clerk shall be considered to be a partial payment of the lawful penalty, applied by the clerk to the fine and costs, and disbursed as required by law. The clerk may give notice of such insufficiency by first-class mail to the defendant at the address contained on the boating ticket, and a supplemental summons or warrant of arrest shall be issued for the offender's arrest, and a judgment shall be entered by the magistrate for the balance of the penalty due. (c) Pay the amount of the fine and costs by credit card or bank transfer to the clerk of court, to the magistrate, or to any repository for payment established by the AOC. Remittance of the fine and costs by credit-card payment or bank transfer constitutes a guilty plea and waiver of trial, whether or not the "Plea of Guilty/Waiver of Rights" section on the back of, or accompanying, the boating ticket is signed by the defendant. Should the amount tendered be insufficient, such money received by the magistrate, clerk, or other designated office shall be considered to be a partial payment of the lawful penalty, applied by the clerk to the fine and costs, and disbursed as required by law. The clerk may give notice of such insufficiency by first-class mail to the defendant at the address contained on the boating ticket, and a supplemental summons or warrant of arrest shall be issued for the offender's arrest, and a judgment shall be entered by the magistrate for the balance of the penalty due. (2) Issuance of Notice, Summons, or Warrant. When a defendant fails to appear pursuant to a boating ticket issued to him or her, the court may, in its discretion, issue further notice and, if the offense is contained in an approved schedule of fines for boating traffic violations prescribed for magistrates in accordance with these Rules, increase the amount of the fine above the scheduled amount for such offense or issue a supplemental summons or warrant and forfeit bail according to law. (3) Fines and Court Costs Paid to Clerk of the Court. Fines and court costs collected from the summary disposition of boating traffic violations shall be paid to the clerk of the court, who shall disburse said funds as provided by law; provided, however, that magistrates serving outside the office of the clerk shall transfer all records, including the boating ticket and plea of guilty, within 48 hours of receipt thereof, and all fines and costs in accordance with rules adopted by the AOC. (C) Declaration of Approval. The boating ticket, which is attached hereto and marked as Attachment One to this rule, is hereby approved and declared to be sufficient for each of the offenses listed in section (F) of this rule; provided, however, that nothing in this section shall be deemed to prohibit continued use of any prior series of boating tickets that have not been specifically recalled or retired by the AOC. The use of an electronic version of the boating ticket, as approved by the Supreme Court of Alabama, containing substantially the same information as that found on the boating ticket attached hereto and marked as Attachment One is declared to be sufficient for each of the offenses listed. (Attachment One is the "Alabama Uniform Boating Traffic Ticket and Complaint.") (D) Electronic Filing of Guilty Pleas and Orders. Judges, clerks, and magistrates may utilize an electronic filing system approved by the AOC to accept pleas of guilt and/or to enter orders in boating-traffic-violation cases. The AOC may promulgate necessary policies and procedures for the acceptance of pleas of guilt by electronic means and the electronic filing of orders. (E) Authority of the Administrative Director of Courts. The Administrative Director of Courts ("the ADC") shall provide the Supreme Court of Alabama with notice of any policies, procedures, guidelines, directives, or any other standards that are implemented pursuant to this rule. Notice shall be provided by filing the documentation of such with the clerk of the Supreme Court for circulation to members of the Court. (F) Schedule of Fines for Boating Traffic Violations. If a defendant in a district-court or municipal-court case elects to plead guilty before a magistrate to one of the boating traffic violations listed in the schedule below, the fine established in this schedule shall apply: OFFENSES FINES 33-5-9 Operating vessel without current registration displayed $50 33-5-11 Failing to have registration certificate on board $50 33-5-22(a) Operating vessel with improper or no safety devices or lights $50 33-5-22(d) Skin divers; no diver flag $25 33-5-23(a) Operating vessel with improper muffler $50 33-5-26(a) Towing person on skis, etc., without observer at least 12 years of age or without a rearview mirror with a minimum of 78 square inches of viewing surface $100 33-5-26(b) Towing persons on skis, etc. between hours from one hour after sunset to one hour before sunrise $100 33-5-26(d) Towing person on skis, etc., so as to cause person to collide with or strike against any object or person $100 33-5-51(b) Failure to wear personal flotation device while operating, riding on, or being towed by personal watercraft $25 33-5-51(c) Failure to have engine cut-off switch lanyard attached to operator of personal watercraft $25 33-5-51(e) Person under the age of 12 operating a personal watercraft $25 33-5-51(f) Giving permission to operate personal watercraft in violation of § 33-5-51 $25 33-5-51(g) Towing person by personal watercraft without proper rearview mirror $25 33-5-52(a) Operating vessel without boater certification $100 33-5-59 Failure to have certification in possession $50 33-5-64(b) Making false affidavit to obtain duplicate certificate $50 33-5-66(a) Operating vessel without a license $100 33-5-66(b) Permitting to operate vessel without operator license or unaccompanied if required $100 33-5-66(d) Concealing or withholding material fact in application/renewal for boater license $50 33-5-69 Failure to require person under 8 years of age to wear personal floatation device $100 33-5-70(b) Careless operation $100 33-5-71 Operating a vessel with obstructed view $50 33-5-72(a) Operating a vessel without emergency-shutoff switch $50 33-5-72(b) Operating a vessel without emergency-shutoff switch attached $50 33-5-73 Exceeding speed zone (idle speed zone, no wake) $50 33-5-74 Mooring or fastening vessel to, damaging, or altering navigation marker, etc. $50 33-5-75(j)(8) Unauthorized use of vessel $100 33-5-75(k)(6) Incompetent to operate a vessel $50 33-5-75(k)(7) Fraudulent use of boater certification $50 33-5-77 Failure to follow rules regarding horsepower $50 33-6A-6 Failure to have marine-sanitation-device inspection decal $75 220-6-.02(1)(b) Rented/leased vessels, lease or rental agreement not on board $50 220-6-.03 No decal on vessel or permitting use of unregistered vessel $50 220-6-.03(1)(a) Registration numbers not placed correctly (size or color) on vessel $25 220-6-.03(1)(d) No identification number and no current year on vessel $50 220-6.07(1) Failing to comply with water traffic "rules of the road" $50 220-6-.07(14) Creating hazardous wake $50 220-6-.08 No sound-producing device $50 220-6-.08(1) Operating vessel with improper signal devices $50 220-6-.09(1) Operating boat without proper lights $50 220-6-.10(1) Operating vessel with improper fire extinguisher or no fire extinguisher $50 220-6-.11(1) Operating boat and insufficient personal flotation devices $75 220-6-.11(1)(b) Operating vessel of 16 feet or more without type IV personal floatation devices $50 220-6-.15 Operating vessel over carrying capacity $50 220-6-.18(1) Operating or permitting operation of vessel towing person without proper personal flotation device $75 220-6-.18(2) Water skiing without proper personal flotation device $75 220-6-.19(4) Failure to comply with restrictive signs $50 220-6-.20(1) Failure to wear personal flotation device within 800 feet of dam $75 220-6-.21(1) Permitting a person under age 12 to operate vessel $50 220-6-.22(1) Operating vessel with no flame arrestor or backfire trap on carburetor $50 220-6-.23(1) Operating vessel with excessive noise level (86 decibels) $50 220-6-.26 Towing skier without mirror on personal watercraft $25 220-6-.27 Fleeing or attempting to elude a marine police officer $150 220-6-.55 Permit for houseboats, vessels of large size, and vessels with certain speed rating for use on specific lakes $50 (G) District-Court Schedule of Fines. Any district court, by action of the majority of the judges thereof, and subject to the limitations imposed in section (I) of this rule, may adopt, in whole or in part, the schedule of fines for boating traffic violations prescribed for magistrates appearing in section (F) of this rule, and the schedule adopted by the district court shall apply to boating-traffic-violation cases, including cases charging the violation of a rule or regulation promulgated by a state agency or department, not included in the schedule set out in section (F), wherein a defendant elects to plead guilty before a magistrate to a boating traffic violation listed in the schedule. Provided, that in no event shall the schedule of fines include violations or misdemeanors involving the use or consumption of alcoholic beverages or any controlled substance, violations or misdemeanors connected with violent acts, or violations or misdemeanors requiring restitution to victims of crime. If the district court adopts, in whole or in part, the schedule of fines for boating traffic violations prescribed for magistrates appearing in section (F) of this rule, the district court may subsequently, by action of the majority of the district judges, omit from its local schedule of fines any particular offense listed on the schedule of fines in section (F) or it may reject that schedule of fines in its entirety. Any district court, by action of the majority of the judges thereof, and subject to the limitations imposed in section (I) of this rule, may adopt a local schedule of boating-traffic-violation fines for state-law violations, municipal-ordinance violations, or violations of rules or regulations promulgated by a state agency or department, not included in the schedule of fines for boating traffic violations appearing in section (F) to this rule or, as to a particular offense, may set a fine amount different from that contained in the schedule of fines in section (F). This local schedule shall apply if a defendant elects to plead guilty before a magistrate to a boating traffic violation listed in the schedule. Provided, however, that any local schedule that lists additional offenses or sets different fine amounts shall not be effective until it has been approved by the Supreme Court of Alabama. The presiding district judge shall submit the local schedule listing other offenses or setting different fine amounts to the clerk of the Supreme Court, who shall present it to the Supreme Court for approval. Any district court adopting a local schedule of fines pursuant to this rule, whether it adopts the schedule of fines for boating traffic violations prescribed for magistrates appearing in section (F) of this rule, in whole or in part, or adopts a different schedule as permitted by this rule, shall submit a copy of its schedule (or schedules) to the AOC, and the district court shall maintain the original on file in the court clerk's office. Any district court rejecting the schedule of fines in section (F) in its entirety shall notify the AOC of this fact, furnishing the ADC a copy of the document indicating that action; the district court shall maintain the original document in the court clerk's office. The clerk of the court shall distribute copies to the county sheriff, all chiefs of police for municipalities located within the county, and the state-trooper office located within the county for display in a conspicuous place, and the clerk shall post the schedule (or schedules) in a conspicuous place. (See section (J) of this rule, "Posting, Distributing, and Displaying Schedule of Fines.") (H) Municipal-Court Schedule of Fines. Any municipality having a municipal court may, by ordinance, adopt, in whole or in part, the schedule of fines for boating traffic violations prescribed for magistrates appearing in section (F) of this rule, and the schedule adopted shall apply in municipal-ordinance-violation cases or cases charging the violation of a rule or regulation promulgated by a state agency or department and incorporated in municipal ordinances, wherein a defendant elects to plead guilty before a magistrate to a boating traffic violation listed in the schedule. A municipality having a municipal court may, by ordinance, and subject to the limitations imposed in section (I) of this rule and subject to the limitations that the schedule of fines not include violations or misdemeanors involving the use or consumption of alcoholic beverages or any controlled substance, violations or misdemeanors connected with violent acts, or violations or misdemeanors requiring restitution to victims of crime, adopt a local schedule of fines for municipal-ordinance violations or violations of rules or regulations promulgated by a state agency or department and incorporated into municipal ordinances for offenses or violations that are not included in the schedule of fines provided in section (F) so long as the included violations are offenses that do not require a court appearance. (I) Limitations. (1) No schedule of fines established for use by magistrates pursuant to section (G) or (H) of this rule shall include any boating traffic violation involving the following: (a) A person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person. (b) A person charged with operating a vessel in violation of Section 32-5A-191.3, Code of Alabama 1975. (c) A person charged with reckless operation of a vessel in violation of Sections 33-5-70(a) and 33-5-51(d)(1), Code of Alabama 1975. (d) A person whom the arresting officer has good cause to believe has committed any felony. (2) When a person is arrested or charged with an offense described in subsection (I)(1) of this rule, the arresting officer shall take the person before the nearest or most accessible magistrate. (J) Posting, Distributing, and Displaying Schedule of Fines. Each court clerk shall post, in a conspicuous place, the schedule of fines for boating traffic violations prescribed for magistrates appearing in section (F) of this rule and any schedule adopted pursuant to section (G) or (H) of this rule. The schedule shall be distributed by the clerk of the court to all law enforcement agencies, including municipal police departments, to state agencies and departments that will use the "Uniform Boating Traffic Ticket and Complaint," and to officers operating within the jurisdiction of the court, and it shall be prominently displayed in the offices of magistrates and the clerk of court. (K) Acceptance of Plea as to Offense not Listed on Schedule; Contempt. Any magistrate who accepts a defendant's guilty plea as to an offense not listed on a schedule adopted pursuant to this rule is subject to the power of the district court or the municipal court to punish for criminal contempt. [Effective 4-11-2024.] Note from the reporter of decisions: The order adopting Rule 20B, Alabama of Rules Judicial Administration, including Attachment One to Rule 20B: Alabama Uniform Boating Traffic Ticket and Complaint, effective April 11, 2024, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d. Note from the reporter of decisions: The order amending Rule 20(A) and Rule 20B(f), effective October 1, 2024, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d. Attachment One to Rule 20B: Alabama Uniform Boating Traffic Ticket and Complaint [FRONT] [BACK] [FRONT] [BACK] [FRONT] [BACK]