Subject 391-4-17 BOATING VIOLATOR COMPACT
These provisions shall become effective upon compliance with the Georgia Administrative Procedure Act and continue in force and effect until changed or repealed.
The purpose of these rules and regulations is to establish the administrative procedures necessary to carry out the purposes of Article 1A of Title 52, Chapter 7, Boating Violator Compact. The Boating Violator Compact is a voluntary interstate agreement which provides participating states with a mechanism to participate in a reciprocal program to:
|(1)||Promote compliance with the statutes, laws, administrative rules and regulations relating to boating safety in their respective states, and|
|(2)||Provide for the fair and impartial treatment of boating violators within the participating states in recognition of the individual's right of due process and the sovereign status of a party state.|
Subject to all applicable statutes and the constitution of the State of Georgia, including the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act", and pursuant to the provisions of O.C.G.A. 52-7-31(c), the following Boating Violator Compact Manual hereby establishes the administrative and procedural guidelines for participation in the Boating Violator Compact.
Boating Violator Compact Manual
The following are the general procedures to be followed by Georgia Conservation Rangers in handling boating misdemeanor violations committed by individuals who are not residents of Georgia, but are a resident of a Boating Violator Compact (BVC) member state at the time of the violation.
Georgia non-residents who are residents of a BVC member state at the time of the misdemeanor boating violation occurring in Georgia may be released on personal recognizance under the following conditions:
|1.||Any violation subject to the provisions of a "Penalty Assessment", which allows a violator to comply with a citation by mailing a fine payment to the issuing agency or a court.|
|2.||Any violation written as a summons requiring a violator to deal directly with the court, either in person, by mail or through an attorney. Unless there are other restrictions in this document or in the laws, policies or procedures of the issuing state or the court of jurisdiction.|
|3.||In order for a violation to be subject to these provisions the person to whom the citation is issued must be a resident of a Compact state, other than the issuing state, at the time the citation is issued.|
Types of Violations Not Covered
|1.||Any violations that mandate a personal appearance.|
|2.||Any petty offense or misdemeanor violation that has a jail term as a mandatory penalty.|
|3.||Any felony violation.|
|4.||Any violation that the issuing officer deems serious enough to arrest a resident violator.|
|5.||Any violation or situation which the laws, policies or procedures of the State of Georgia dictate shall be handled otherwise.|
|I.||Procedures for the Georgia Department of Natural
Methods of Compliance
|1.||Payment by mail where provided for.|
|2.||Responding to the citation in person.|
|3.||Submission of a plea by mail where allowed.|
|4.||Responding through an attorney where allowed.|
Evidence of Compliance (in response to a notice of suspension for non-compliance).
|1.||Certificate from the court.|
|2.||Copy of the court judgment.|
NOTE: personal representations, check stubs, money order receipts, etc. are not acceptable.
|3.||The violator copy of a Notice of Compliance sent by the issuing state.|
The following are the general procedures to be followed by the home state of an individual committing boating violations in another BVC member state, who upon release on personal recognizance failed to resolve the case as appropriate, even after the "Defendant's Notice of Failure to Comply" has been sent, and the issuing state has had to send the "Home State Notice of Failure to Comply".
|I.||Procedures for the Home State
Reciprocal Recognition of Suspensions
States participating in the BVC shall recognize the suspension for cause of the license privileges or rights of any person by any other BVC participating state. This reciprocal recognition of suspensions is not to be confused with suspensions levied for failure to comply as outlined in Section I and II above. Suspensions for cause of license privileges are the result of a conviction, or an accumulation of convictions, of boating violations in one or more states which are participants in the BVC.
When the Georgia Department of Natural Resources receives notice of suspension of a person's boating privileges or licenses by a BVC member state, the Department shall determine whether the violation, or accumulation of violations, leading to the suspension could have led to the suspension of rights, privileges, or licenses under Georgia law. If the Department determines that the person's privileges or licenses could have been suspended under Georgia law, the department shall suspend the person's licenses, rights, and privileges to operate a vessel in Georgia, pursuant to O.C.G.A. 52-7-30, Article VI, for the same period as imposed by the BVC member state.
|A.|| States participating in the BVC shall
recognize the suspension for cause of the boating license, privileges or rights
of any person by any other party state if:
|B.||Recognition of suspensions which do not meet the criteria of Section III.A.1 and 2 as outlined above will be up to the laws, policies and procedures of that state.|
|C.|| Each state participating in the BVC shall
communicate suspension information to other participating states, using the
Interstate Boating Violator Compact database. Party states will use the
guidelines prescribed by database administration. At a minimum the following
information will be included:
|D.||In the event documentation of a violation and subsequent license suspension is needed by a member state for suspension hearings or other purposes, the issuing state shall provide certified copies of the citation or other charging instrument, any arrest or investigation reports, suspension orders and the disposition of the matter.|
Transmittal of Conviction Information to the Home State of the Violator
When the Georgia Department of Natural Resources receives notice of a conviction of a Georgia resident from the agency or licensing authority of a BVC member state, the Department shall treat the conviction as if it had occurred in Georgia.
a conviction, the issuing state shall forward to the home state of the violator
the following information:
|B.||For the purpose of consideration for license suspension, the home state shall treat such convictions in other BVC member states as if they had occurred in the home state.|
|C.||In the event detailed information on a violation is needed by the home state, for license suspension hearings or other purposes, the issuing state shall provide certified copies of the citation or other charging instrument, any arrest or investigation reports and the disposition of the matter.|
|I.||Entry into the
from the Compact