1. (1) It shall be unlawful for any person to operate or give permission to operate any vessel powered by an engine or outboard motor on the waters of this state in such a manner as to exceed a noise level of 86 decibels as measured by the Society of Automotive Engineers (SAE) Stationary Sound Level Measurement Procedure SAE-J-2005 or as measured by the Society of Automotive Engineer (SAE) Shoreline Sound Level Measurement Procedure SAE J-1970.

   1. (a) It shall be a violation of this regulation for any person reasonably suspected by a Marine Policeman or other authorized law enforcement officer to be operating a vessel that exceeds the noise limitation prescribed herein to refuse to submit his vessel for a noise emission test.
   2. (b) The provisions of this regulation shall not apply to vessels competing in a regatta, boat race or speed trial run provided that such regatta, race or speed trial has been officially approved by the Marine Police Division or United States Coast Guard and is being conducted during the time and in the designated area authorized by the permit.
2. (2) Rule 220-6-.23, as previously promulgated, is hereby expressly repealed in its entirety.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §33-5-62; §15 of Act No. 94-652 (Regular Session, 1994).

Penalty: As provided by §15 of Act No. 94-652 (Regular Session, 1994) and §33-5-62, Code of Ala. 1975.

History: Filed May 9, 1991. Repealed and Replaced: Filed June 27, 1995; effective August 2, 1995. Amended: Filed August 10, 2006; effective September 14, 2006.