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2018 Georgia Code 52-7-26 | Car Wreck Lawyer

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 7. Registration, Operation, and Sale of Watercraft, 52-7-1 through 52-7-77.

ARTICLE 1 GENERAL PROVISIONS

52-7-26. Penalty.

  1. Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the board as provided in this article, the term "rules and regulations" means those rules and regulations of the board in force and effect on January 1, 2014.
  2. Notwithstanding subsection (c) of Code Section 17-6-12, the release of a person on his or her own recognizance for violations under Code Sections 52-7-12, 52-7-12.2, 52-7-12.3, and 52-7-12.4 shall be prohibited.

(Ga. L. 1960, p. 235, § 13; Ga. L. 1968, p. 487, § 12; Ga. L. 1973, p. 1427, § 25; Ga. L. 1983, p. 3, § 41; Ga. L. 1995, p. 236, § 3; Ga. L. 2012, p. 739, § 29/HB 869; Ga. L. 2013, p. 92, § 12/SB 136; Ga. L. 2014, p. 344, § 3/HB 783; Ga. L. 2014, p. 624, § 2/HB 777.)

The 2012 amendment, effective May 1, 2012, added the last sentence in this Code section.

The 2013 amendment, effective May 15, 2013, in the second sentence of this Code section, substituted "means" for "shall mean" in the middle, and substituted "February 5, 2013" for "January 1, 2012" at the end. See Editor's notes for applicability.

The 2014 amendments. The first 2014 amendment, effective May 1, 2014, substituted "January 1, 2014" for "February 5, 2013" at the end of this Code section (now subsection (a)). See Editor's notes for applicability. The second 2014 amendment, effective July 1, 2014, designated the existing provisions of this Code section as subsection (a), and, in subsection (a), in the last sentence, twice substituted "board" for "Board of Natural Resources", and substituted "January 1, 2014" for "February 5, 2013"; and added subsection (b).

Editor's notes.

- Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

Ga. L. 2014, p. 344, § 5/HB 783, not codified by the General Assembly, provides: "This Act shall become effective on May 1, 2014, and shall apply to offenses occurring on or after such date."

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Boats and Boating, §§ 4, 5, 9, 11, 13, 21.

ALR.

- Negligence in navigating as affecting right to recover for injury by obstruction to navigation, 25 A.L.R. 1556.

Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.

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