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Name:	BEARTRAPPER -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 9:49:49 AM

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).

(c) Each person operating a vessel upon the waters of this state shall comply with all of the rules and regulations of the Marine Police Division of the Department of Conservation and Natural Resources.

: (1) A person whose violation of the rules and regulations results in a boating accident, but whose violation did not constitute reckless or careless operation of a vessel, is guilty of a Class C 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).
: (2) A person whose violation of the rules and regulations does not result in a boating accident and does not constitute reckless or careless operation of a vessel is guilty of a Class C 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 fifty dollars ($50).

(d) In addition to all other penalties contained in this section, any person convicted of violating this section shall be subject to the revocation or suspension of their boating safety certification or vessel operator's certification or vessel operating privileges upon the waters of this state, as provided by law and rules and regulations of the Department of Conservation and Natural Resources.

(Acts 1994, No. 94-652, p. 1243, §24.)

Name:	BEARTRAPPER -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 9:55:05 AM

I.E. YOU are responsible for YOUR WAKE!!

Name:	itisd -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 12:28:33 PM

Doesn't seem to mean anything on this lake.

Name:	BEARTRAPPER -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 3:36:05 PM

as per prohibited boat operations ,
"Operating a vessel in such a manner and at a rate of speed as will create a hazardous wash or wake when approaching or passing another vessel or when entering or leaving a harbor or marina area. "

Name:	BEARTRAPPER -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 3:47:07 PM

Careless Operation

It shall be unlawful to operate a vessel in a careless manner upon the waters of this state. Careless operation is the endangerment of life, limb, or property through negligence, carelessness, or inattention of the operator.

Examples of careless operation includes but is not limited to the following:

Sitting in any position that is above the gunwale or cap of a vessel while moving above idle speed.
Riding on bow of vessel not equipped with handrails.
Riding on vessel with lower extremities hanging over the gunwale or cap of the vessel.
Creating hazardous wake in congested area.

Name:	realfast64 -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 6:57:50 PM

This lake has really changed in the last 5 yrs. I too feel your pain and i can't sell quick enough!!

Name:	Kizma Anuice -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 8:05:52 PM

responsible for wake? do you mean financially responsible for property damage caused by wake. I can't see where that statute creates such liability?

Are you confusing criminal acts with tort liability?

Name:	Mack -	Reply
Subject:	Leisure Time is Too Tough??
Date:	7/18/2010 8:24:41 PM

Fact #1- This is the absolute best freshwater lake in the state/ maybe the whole Southeast. IMHO
Fact #2- It is a privilege to own property on this lake.
Fact #3- There are jerks everywhere who don't understand that they are jerks.
Fact #4- Said jerks are gonna' plow thru your slough occasionally.
Fact #5- Said jerks are a very small population of the general LM citizens.

The Marine Police cannot fix the problem even with written law behind them.
Do not miss a chance to spend a Monday or a late Sunday afternoon cruising your lake to see the majic.

Name:	alabamaangler -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 8:26:49 PM

This is a good thread for discussion. paragraph b of this statute as Beartrapper provided, states "...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. ..." If you are operating your boat in a reasonable and prudent manner and not in a negligent manner, then you should not be liable for your boat wake. The question then becomes, "what boat operations would qualify to be unreasonable, careless, imprudent, and negligent such as to cause the operator to be liable for damage caused by a boat wake?" How would one enforce, or even apply this interpretation to gain relief from a boat operator who has allegedly caused damage to someone's shoreline property?

Name:	willallie -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 9:34:46 PM

Just give Beasley, Allen a call (plaintiff attorney firm in Montgomery). Enuff said.

Name:	BEARTRAPPER -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 9:45:51 PM

I posted these laws / regs. , to see the response, I have worked on , and around this lake for over 20 years , in the past 2-4 years i have seen courtesy & common sense go out the window, as an example, on the friday before the 4th I was
pushing my work barge down river ,( getting it off the lake before the holiday) ( a 24 ft pontoon deck with a boom on the bow ) past the ridge marina ,almost to the bridge to nowhere ,where there was a large day-cruiser, he waited till I was about 40 yards off his strbd-bow and then he gave the boat full throttle and tried to swamp me , the boat was throwing about a 4 ft deep wake , with a 1 ft crest ,laughing and giving me the 1 finger salute as he passed by ,barely had time to get turned into the wave ,much less get the hull number, the barge rode over the crest, then nosed down and submarined , it broke the strbd ropes loose and the whole rig started jack-knifing , i got it under control , and was assesing damages , when another big day-cruiser pulled along-side to see if i was alright , he said that guy had been trying to swamp boats all day.
Then , yesterday in the back of little kowaliga creek , at a job on blooming bottom rd. (at the back of a slough) i was doing a demolition job (tearing down a old eye-sore , so a new dock could be built) a guy comes by half throttle, 20 ft away in a big four winns day-cruiser, i had just pulled a 24ft 8x8 pole out of the water , hanging on the boom-cable, his wake about threw me off the barge, then a sea-doo jet boat came right past the end of the barge, as we were loading the poles , and debri on the shore, doing circles about 30 yards away, rocking us hard enough to shove me on the ground! i try to stay off the lake on the weekends , so not to disturb anybody , and to prevent damage to myself , or my equipment , but in the back of this slough , I did not think i would have any problems (and the neighbors said they did not mind if i worked saturday).
I dont build docks anymore , just marine repairs , and onsite aluminum & steel welding , so my rig is not on the lake much , but my point is when you see someone working on a barge , please be courteous ,and keep your wake to yourself , and yes you are responsible for your wake ,financially , and criminally

Name:	CAT BOAT -	Reply
Subject:	Ala. Angler....
Date:	7/18/2010 9:46:38 PM

I bet you ten, your wife wrote that post?????? Call me.

Name:	BEARTRAPPER -	Reply
Subject:	wake damage in sloughs
Date:	7/18/2010 10:09:38 PM

@ alaangler i know there is going to be some wave action , and shore-line property should be protected from it (rip-rap, sea-walls , etc ) my point is boaters seeing people sunning on a floating dock , or people working on a barge etc., and
intentionally, or by not paying attention ,(the water is dangerous especially in a boat) trying to cause as large as wake possible, or just not aware of what they are doing , is a hazard ,we all want to do our thing on the water, be it play or ,work , we just need to be safe & courteous , i try to do my part ,being safe ,and offering a rare service to the people of the lake, just have to rant every once and awhile LOL

Name:	Smitty -	Reply
Subject:	wake damage in sloughs
Date:	7/19/2010 10:11:16 AM

People ski and wakeboard in the slough I live in all day and it drives me nuts. My dock gets rattled to heck and it is just incredibly annoying. Clearly, these people have the right to ski where they want and there is precious little I can do about it. However, if it is smooth water they are looking for, I promise you that here is smooth water out in the big water on almost any day of the week on Lake Martin except for the big holiday weekends or a big wind (which is rare). I can't understand why the skiers and wake boarders can't go out in the big water and find the smooth water.....it's there!! I never should have put in a floating dock....my mistake....but I am almost to the point age wise where I have to hold on to the dock when the waves hit it. I know I sound like an angry old man which maybe I am, but I think the residential sloughs should be calm and people should go out a bit in the big water to ski,etc. I guess the argument against this is that then the people who live on the big water will have to put up with the waves.....maybe there is no solution.

Name:	widgethater -	Reply
Subject:	wake damage in sloughs
Date:	7/19/2010 12:53:14 PM

Smitty-I totally agree with what you said. These type of people drove me off the lake about 5yrs ago. I do miss the lake but I don't miss the ulcer I was getting because of jet skis and inconsiderate boaters(skis and wakeboards)

Name:	ot -	Reply
Subject:	wake damage in sloughs
Date:	7/20/2010 11:11:35 AM

" I don't miss the ulcer I was getting because of jet skis and inconsiderate boaters(skis and wakeboards) " i wakeboard and dare i say wakesurf (talk about a wake) .... i do it in Hog Pen... so, here's another thought ....i get sick and tired of fisherman sitting on the end of my dock. when we pull in at the end of the day there they are...and do they slide out of the way gracefully to let us tie up in calm water???? heck no.. they take off like a rocket. they hit our boat with their lures...their lures are hanging from a couple of our trees...we've even had one clean fish on our dock (didn't see them doing it..just found the mess) ....fisherman mentality is unlike anyhting i have ever seen! i think we all wish we had the lake to ourselves! :) i now carry my camera down to the dock and start taking pictures ....they move on out and give me peace to enjoy my time on MY dock!

Name:	widgethater -	Reply
Subject:	wake damage in sloughs
Date:	7/20/2010 2:25:44 PM

OT-Perhaps you were not one of the inconsiderate skiers, but there were MANY of them!

Name:	ot -	Reply
Subject:	wake damage in sloughs
Date:	7/20/2010 3:30:35 PM

well, you are right, it wasn't me!! i don't know how to ski! and there are NO houses in Hog Pen where we wakeboard! i was trying to point out that not just big wakes can ruin your Saturday if you let it .... i'm in an area where we get MUCH wave action, to me it is part of being on the lake. ..on some Saturday's i can't sit on my floating dock so i sit on my fixed dock ...different areas of the lake have there own annoyances! and for me it is pesky fisherpeople :) and for the record i do understand everyone's complaint about people zooming by all day long in front of their dock and the big waves that are associated with it ... i was in no way making an excuse for it! it's rude... we as a people have turned rude ...it's more common and not just on the lake. ..people are not as considerate of others as they used to be

Name:	lakngulf -	Reply
Subject:	wake damage in sloughs
Date:	7/20/2010 4:31:20 PM

I love to ride a jet ski, and ride them pretty rough in the middle of the lake. I love to knee board, ski, and pull people doing the same, plus tubes. Loads of fun. I try to do that away from the docks but waves are going to the docks and shoreline no matter where the boat is. I do try to be courteous when in narrow sloughs, and near houses.

I watch people ride their boats by my house, watch multiple boats pull multiple tubers, or skiers, or wakeboarders. I love to watch people safely having fun on the lake. I enjoy watching people fish, but do get a bit nervous when the hooks get near my boat and pier. My boat seats had a few rips that looked like fish hook rips, but like OT, I did not see it happen.

I do consider it to be my job to secure my pier with good posts, concreted in, etc. I consider it to be my job to secure my floating dock with chains, and bolts, and to check them often. I consider it to be my job to secure my boat (unfortunately I do not have a boat house, or a boat lift) in such a way to handle the waves and vicious storms that inevitably come my way.

Name:	Mack -	Reply
Subject:	Not Sure Why it Happens...
Date:	7/20/2010 5:49:42 PM

I would like the cause to be Ignorance. As in the driver is already gone when his wake pounds ashore and he doesn't see it happen.
But, it cannot be ignorance, because most of these people are LM owners who must see it happen when they are standing on their own dock??
Got to be a little ignorance and a lot of "Don't Give a Dang". And it applies across age groups as well. Young HotDoggers in Daddy's cruiser as well as Old Goats on their afternoon cocktail cruise, both pushing wakes that are totally unnecessary in a narrow waterway.
As LNG says, secure your stuff well, because I don't see a practical solution.

Name:	Maverick -	Reply
Subject:	Not Sure Why it Happens...SOLUTION
Date:	7/20/2010 7:38:26 PM

Now I have only done this ONCE, because lets just say the wave action lasted for hours and I stood out on my pier and just stared at them shacking my head and throwing up my hands in disbelief and this was not the first time this particular boat had done such. So now for the solution --- Followed them home, waited for them to begin to unload and then paid them back. Then I pulled up and stated, how does it feel and they were like what are you doing. My response was the same thing you have been doing to not only mine, but my neighbors, boat, piers, etc. for the past hour. Think they got the message, as we have not seen them since last summer. Now for those that know me, you know I would have to be pretty darn mad to do such a disrespectful act, but figured the only way they would learn is to experience it first hand. And that is true with a lot of folks they really do not understand what they are doing till it happens to them and they experience it first hand,

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