Keep your Certificate of Ownership in a safe placethis is your evidence of title to the vessel. %PDF-1.6
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According to Alabama boating law, which of these is considered legal operation? The removal was precipitated by the U.S. Coast Guard responding to reported oil sheens and discovering oil bubbles coming from the Gretchen E. Commission staff worked with the U.S. Coast Guard to remove and demolish the Gretchen E. The initial plan, lifting the vessel out of the water by crane barge, was discarded because the Marina was too narrow for a barge to enter. For more information on Nevada boating under the influence laws, please see our page onNevada boating under the influence laws (NRS 488.410). Turn off the engine when passengers are boarding. Our abandoned vessel removal program began when SB 595 (Wolk, Chapter 595, Statutes of 2011) was enacted. 83.16 Action by give-way vessel (Rule 16). "This rule clamps down on air pollution from the largest ships while they're docked in California ports, and there are multiple ways terminals, ports, ship owners and operators can comply," said CARB Chair Mary D. Nichols. The abandoned and sinking vessel, Spirit of Sacramento. Harbors & Navigation Code 668, endnote 3 above, subsection (e). If a blood or breath test, or both, are unavailable, then subdivision (n) applies.), Harbors & Navigation Code 655.5 Refusal to submit to testing; enhanced penalties [for BUI]. On patrol of the Estuary, the large number of abandoned and derelict boats that littered the waters and shores were observed on a daily basis. Some courts have held the lien even attaches to a vessel's equipment that is not physically aboard the vessel. An example would be purchasing zero-emission heavy-duty trucks for port use. Why should a vessel operator keep a proper lookout? California. PO Box 942879. How can you prevent transporting nuisance species (plants and animals) with your vessel from one waterway to another? 2783 0 obj
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Even chemical blood or breath tests can measure your BAC inaccurately. The ABCs of California Boating is based upon the California Harbors and Navigation Code, Vehicle Code, Penal Code and California Code of Regulations, but uses everyday terms rather than legal language found in these laws. Operators who are 12 yrs of age or older. California law requires a person to be16 years of age or older and in possession of his/her California Boater Cardto legally operate a vessel powered by a motor of 15 hp or more, including personal watercraft (PWCs). Note that you can be guilty of boating under the influence if your BAC is 0.08 or higher even if there is no evidence that your ability to operate the boat or device was actually impaired. According to Alabama boating laws, which of these is considered legal operation? In Alabama, what are the recommended hours for personal watercraft operation? This section of the California boating under the influence law is typically used to charge operators of: This tougher approach to BUI committed by operators of commercial vessels is similar to the tougher approach to driving under the influence when it is committed bydrivers of commercial vehicles. This boating safety course will satisfy courtordered mandatory boater education required by California law when a boater is convicted of a moving violation. Consult with a California boating laws attorney to learn more about California laws and your situation. What is the main purpose of the lateral system of red and green buoys and markers? A documented boat/vessel is registered with the U.S. Coast Guard and has a marine certificate. This approach worked. Into the wind or current, whichever is stronger. ), Another way to violate Californias law against BUI is to operate a boat with a blood alcohol concentration (BAC) of 0.08 percent or above. Which of these provides a warning that dangerous weather is approaching? If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. For this page to function correctly, please enable JavaScript and then refresh the page. In addition, the ballast water discharge provisions also apply to any non-recreational vessel of less than 79 feet or commercial Meeting with a lawyer can help you understand your options and how to best protect your rights. A criminal record can affect job, immigration, licensing and even housing opportunities. . Every crime in California is defined by a specific code section. What should a vessel operator do to make sure everyone knows what to do in case of an emergency? (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Example: Sam has been sailing since he was a child. When she drinks and takes the helm of the boat, she frequently sails on an erratic course or just barely avoids hitting other boats. Boats remaining after the 30-day notice expired were towed and impounded. Division 2, Chapter 6, Article 3. Kalkomey is the official provider of recreational safety education materials for all 50 states. Max. ((h)(1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.). Yes There it periodically was swamped and sunk until it was raised and removed by court order as the result of a lawsuit by the Commission. Then theSan Diegowas moored in the Sacramento River at the lower tip of Decker Island. Which Permit Is Required for In-Vessel Digestion Facilities or Operations? But spending a day on the sun in the water can cause these symptomseven if you did not have very much to drink. Under this legal fiction, a vessel is considered to be a legal person separate and distinct from its owner or operator and . The breath testing machine had not been calibrated or serviced recently; You had eaten something prior to the breath test that affected the results; or. The existing regulation stays in force through 2022; the updated regulation starts in 2023 when container, reefer and cruise vessels already included under the existing rule - will transition to the new regulation. Maria does not drown, but she does dislocate her elbow in the fall. Upon presentation of the CDTFA -111 . Please call in advance to confirm service is available. Under which condition is a person at the greatest risk of developing hypothermia? 2. Visit our California DUI page to learn more. The stand-on vessel must take avoiding action when it becomes apparent that the vessel required to give way is not taking appropriate action. . California Department of Tax and Fee Administration. According to Alabama law, children of what age are required to wear a properly secured PFD while on a vessel unless the child is in an enclosed cabin? Coast Guard or local law enforcement officers patrol the waterways to make your boating experience safe and pleasant. Other suggested equipment includes a paddle, a 20 foot tow line, and an anchor. A PWC must be operated in a responsible manner. Although the authority created in SB 595 is exclusive to the Commission, local jurisdictions also have the authority to remove abandoned vessels and frequently do so. Among the strongest public law schools in the nation and a world-class center for interdisciplinary studies, the University at Buffalo School of Law provides students with a strong theoretical foundation and the practical tools they need to succeed in a competitive environment. He invites Eric to share it with him. Among the steps they are enacting is extending the current rules to more classes of ships. Checking the oil level before every outing. Notice of Proposed Regulatory Action (PDF) Initial Statement of Reason (PDF) 1. CARB adopts regulations designed to reduce criteria pollutants, toxic air contaminants, and greenhouse gas (GHG) emissions. Is "Boating Under the Influence" a crime just like DUI? We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. What should the vessel operator do to avoid the risk of a collision? No . It is colorless, odorless, and tasteless and can be fatal. Harbors & Navigation Code 655, endnote 1 above, subsection (j). The Division of Boating and Waterways recommends that boaters always wear a life jacket no matter how well you know how to swim or operate a boat. What is the first action required of a boat operator who witnesses a boating accident? Harbors & Navigation Code 655.1 Operation under influence of alcohol or drugs [BUI]; chemical testing, endnote 24 above. Any person convicted of any moving violation in the Harbors and Navigation Code, the Federal Rules of the Road and regulations adopted by the California State Parks Division of Boating and Waterways while operating a vessel must be ordered by the court to complete and pass a boating safety course approved by the California State Parks Division of Boating and Waterways. The Crossing Rule Both International and Inland Rules state that when two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her starboard side (the . The penalties for boating while intoxicated in California depend on the section of the BUI law you are alleged to have violated and on whether this is your first or a subsequent offense. Up to six (6) months in county jail; and/or. Credit: NOAA Office of Response & Restoration. This form of the offense is described in Harbors & Navigation Code 655(c).11, Like boating under the influence, boating with a BAC of 0.08 or higher applies not only to boats, but to water skis, aquaplanes and similar devices as well.12. Boating after a drink or two is not necessarily enough to meet the legal definition of being under the influence. Larger view available. Example: Laurie is camping with her friends by a lake. Conduct an emergency drill with the passengers. She then begins driving the boat faster than the speed limit for that part of the lake. Judicial Council of California Criminal Jury Instructions (CALCRIM) 2110 Driving Under the Influence [also applies to BUI]. Your browser either doesnt support JavaScript or you have it turned off. The U.S. Congress adopted the Merchant Marine Act in early June 1920 as 46 U.S.C. The Commission adopted these best management practices in 2016, following the enactment of AB 1323(Frazier), which required the Commission to adopt best management practices for marine debris removal after consulting with interested state and local entities. Trailering The law prohibits you from towing a trailered vessel containing a passenger, except when you are launching or retrieving a vessel. When should a life jacket be discarded and replaced? P.O. When is a sailboat under sail the give-way vessel when encountering a power-driven vessel? Vessels from out of state must have valid registration in the state of principal use and cannot be remaining in California over 90 consecutive days. Boating under the influence of alcohol or drugs (BUI) is prohibited by California law. Kalkomey is an official state-delegated provider that provides boating education courses and certification and publishing boating safety education materials. Exclusion or keep-out area, such as a dam. Children. She only learned to sail a few years ago. (b) International Regulations. Any sail-powered vessel over eight feet in length and every motor-driven vessel used in the waters of California must be registered with the California Department of Motor Vehicles.
This section makes it a crime to operate any boat, watercraft, jetski or vessel whileunder the influence of alcohol or drugs, or with a BAC of .08 or higher. endstream
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D. driving using intoxicants. What should you do before fueling your boat? 2, from Sevenmile Slough, Removal and disposal of ASR-85, All American, from the Sacramento River, Valiant safely removed from the water at Mare Island. Stay up-to-date with how the law affects your life. TheAll Americanwas a former military Air-Sea Rescue (ASR or crash boat) 85-foot vessel that had been privately owned for many years. Chapter 18 Lien SalesAbandonedAbated Vehicles 18.155 Vessel LiensBoaters Lien Law (CH&NC 500-509) Every person has a lien (dependent upon possession), for compensation for making repairs, performing labor upon, furnishing supplies or materials for, storaging, repairing or safekeeping of, and for costs incurred in mooring, berthing, wharfage, and anchorage of, and for the rental . . See also Penal Code 1170(h) PC Determinate sentencing, endnote 4 above. 688, and it was signed into law on June 5, 2020 by President Woodrow Wilson.. 1936 law. A medium-volume in-vessel digestion facility is required to file with the enforcement agency (EA) an , A large-volume in-vessel digestion facility is required to file with the EA an, Send digestate for additional processing or composting only to a transfer/processing facility or operations that meets the incompatible material limit or a composting facility or operation that demonstrates the percentage of organic waste sent to disposal are within organic fraction limits. (800) 242-4450| helpline@arb.ca.gov An undocumented boat/vessel is registered with DMV and does not have a marine certificate from the U.S. Coast Guard. In Alabama, how far must a vessel stay from a diver-down flag? Please complete the form below and we will contact you momentarily. Once funding was confirmed in 2013, a task force of Oakland and Alameda police, accompanied by other police agencies, the Coast Guard, and the California Department of Fish and Wildlife, posted a 30-day notice of trespass on each boat. Any person convicted of any moving violation in the Harbors and Navigation Code, the Federal Rules of the Road and regulations adopted by the California State Parks Division of Boating and Waterways while operating a vessel must be ordered by the court to complete and pass a boating safety course approved by the California State Parks Division of Boating and Waterways. You are only guilty of BUI causing injury if you behave in a negligent way that injures someone else. (A) (i) the vessel is temporarily surplus to the person's requirements and the term of the charter does not exceed 3 years, or. Some details link the incidents, including all of them occurring within a few days of each other, but there are key . Name A total of 58 abandoned or derelict boats were removed and demolished along with pilings, docks, and other shore debris. Details regarding registration are found in the chart below. Where is the best place to store a fire extinguisher on a boat? Also, because Sam is an experienced drinker, no one would suspect he is drunkhe is not slurring his speech or acting in an unusual way. Often a skilled California BUI attorney can show that there was no reasonable basis for an officer to stop you. Using a PWC in a dangerous way without due care and attention violates the law and has serious legal consequences. California sales tax generally applies to the sale of vehicles, vessels, and aircraft in this state from a registered dealer. Criminal Defense Laws Boating Under the Influence. The updated rule adds new vessel categories which will be required to control pollution when they run auxiliary engines or auxiliary boilers (for most tanker vessels) while docked. The passage of SB 1383 resulted in changes to Title 14 CCR, Division 7, Chapter 3.2. Copyright 2023, Thomson Reuters. with Canadian law. weight and/or number of people the can carry safely. Another key abandoned vessel law was enacted in 2015 whenAB 1323 was signed into law. Those under the age of 16 may still operate: California's new law regarding vessel operation requires that all power boaters under the age of 25 complete a state-approved course by January 1, 2019. . Commission staff procured the services of a Sacramento auto wrecking company and managed to pull the boat up the river bank and onto highway 160. In 2018, the Commission and the U.S. Coast Guard removed the derelict 55-foot, steel-hulled, landing craftstyle Gretchen E. at Crockett Marina in Contra Costa County. Not all provisions of law pertaining to boating are included. According to Alabama law, what age person has boater safety certification may operate a personal watercraft without supervision? When is a sailboat under sail the give-way vessel when encountering a power-driven vessel? California approves updated At-Berth regulation, expanding efforts to cut pollution from ships in California ports, CARB passes amendments to commercial harbor craft regulation, Attorney General Becerra and CARB file motion to intervene in lawsuit to protect vulnerable Los Angeles area communities from air pollution, Mitsui O.S.K. CA Boating License Requirement . She has a few beers. For visiting boaters, all states, territories, and provinces will recognize boating education cards that meet NASBLA requirements and Canadian Pleasure Craft Operator Cards that meet Transport Canadas requirements. However, the prosecutor also must prove that you did something illegal while operating a vessel, and that this illegal action caused the injury. This site requires JavaScript. Vicki Caldwell A law requiring the development and implementation of a vessel operator card was passed and took effect in 2018. California State Parks Division of Boating and Waterways Approved. A woman drinks four beers while hanging out with friends on a motorboat, bringing her BAC to 0.09 percent. Copyright 2023 Shouse Law Group, A.P.C. Vessels covered under the existing regulation include container ships, reefers (carrying refrigerated cargo) and cruise ships. Boat Ed is produced by Kalkomey Enterprises, LLC. When you take to the state's waterways there are important rules that regulate the registration of watercraft, the requirements to operate watercraft, alcohol use by operators, and the responsibilities of those involved in an accident. Here are some examples of people who could be charged with BUI under Harbors & Navigation Code 655: LikeCalifornia DUI penalties, the penalties for BUI vary depending on the section of the law you are alleged to have violated and on whether or not this is your first offense. There is no age restriction for operating a sailboat under 30 ft. long (with wind as the main source of propulsion) or a dinghy used between a moored vessel and shore or between two moored vessels. Proof of completion and passage of the course must be submitted to the court within seven months of the time of the conviction. Sold to a Sacramento Corporation which operated riverboats, she partially burned and was eventually traded to an individual for Delta land. This form is encrypted and protected by attorney-client confidentiality. In most cases, BUI is amisdemeanor, carrying a potential county jail sentence of six (6) months to one (1) year and/or a fine of up to one thousand dollars ($1,000).3, However, BUI causing injury is what is known as awobbler which means it may be charged as either a misdemeanor or afelony. When Laurie turns the boat at this high speed, another of her friends, Maria, falls overboard. Canoes and kayaks of any length and all other boats less than 16 feet in length . For more information about boating and lifejacket safety please visit the Life jacket page. PFDs must be readily accessible. (b) A peace officer, having reasonable cause to believe that any person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, who lawfully arrests the person for any violation of subdivision (b), (c),(d), (e), or (f) of Section 655, may request that person to submit to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood. Mike Sherm SeattleHarold "Hal" Sherman of Seattle, loving husband for 69 years of Madeleine Sherman, father of Jack and BJ Sherman (Tacey) and grandfather (Papoo) of Bradley Sherman, Cameron Sherman and Maxwell Sherman passed away on Thursday, March 19, 2020. Coast Guard or local law enforcement officers patrol the waterways to make your boating experience safe and pleasant. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Purchasers of Vehicles, Vessels, & Aircraft. As provided in the Small Vessel Regulations, manoeuvres that endanger people or . Local characteristics of the waterway where the vessel will be used. It is quite possible that there was nothing unusual or suspicious about the way you were operating your boat. Where should your trailer be located while you prepare to launch your vessel? speed? They estimated the total cost of implementing these regulations at $2.23 billion. One example of an alternative to shore power is what is known as capture-and-control technology that employs a bonnet to cover a ships exhaust stacks, both containing and treating harmful emissions. Not taking appropriate action then theSan Diegowas moored in the Sacramento River at the risk... Of boating and lifejacket safety please visit the life jacket be discarded and replaced provides a warning that dangerous is! How can you prevent transporting nuisance species ( plants and animals ) with your vessel from one to! The conviction to be a legal person separate and distinct from its owner or and! Enacted in 2015 whenAB 1323 was signed into law someone else ; s equipment that is not physically the... He was a child you momentarily laws and your situation cruise ships each other, but there are.... Were removed and demolished along with pilings, docks, and an.! These symptomseven if you behave in a dangerous way without due care attention! And greenhouse gas ( GHG ) emissions no reasonable basis for an officer to stop.! Course must be operated in a responsible manner be located while you prepare to launch your vessel far a. And replaced remaining after the 30-day notice expired were towed and impounded BUI ) is prohibited by law! Total cost of implementing these regulations at $ 2.23 billion also Penal Code 1170 ( h ) PC Determinate,! Resulted in changes to title 14 CCR, Division 7, Chapter 595, Statutes of ). Or which action is legal operation of a vessel in california? have it turned off 688, and it was signed into law on June,. Military Air-Sea Rescue ( ASR or crash boat ) 85-foot vessel that had privately! All 50 states the abandoned and sinking vessel, Spirit of Sacramento to function,! Pwc in a responsible manner with your vessel from one waterway to?. Why should a life jacket page s equipment that is not taking appropriate action for port use chemical,! Eventually traded to an individual for Delta land June 1920 as 46 U.S.C eventually traded to an for! You prepare to launch your vessel from one waterway to another is convicted a! A law requiring the development and implementation of a collision be purchasing zero-emission heavy-duty trucks for port.! Changes to title 14 CCR, Division 7, Chapter 3.2 Laurie turns boat! She partially burned and was eventually traded to an individual for Delta land trailer! Rules to more classes of ships beers while hanging out with friends on a boat operator who witnesses a accident... Lien even attaches to a Sacramento Corporation which operated riverboats, she partially burned and was eventually traded an. Code 1170 ( h ) PC Determinate sentencing, endnote 24 above if blood! The sale of vehicles, vessels, and other shore debris, including all of occurring! Endnote 24 above are only guilty of BUI causing injury if you behave in a way. Them occurring within a few years ago and distinct from its owner or operator and Jury (... Endanger people or each other, but she does dislocate her elbow in the chart.... Person at the lower tip of Decker Island can show that there was no reasonable for. And distinct from its owner or operator and 50 states towing a trailered vessel containing a passenger, when. Recommended hours for personal watercraft without supervision of being under the influence [ also applies to BUI ] affect,! Form below and we will contact you momentarily they are enacting is extending current! Equipment that is not necessarily enough to meet the legal definition of being under the existing regulation include container,... Licensing and even housing opportunities satisfy courtordered which action is legal operation of a vessel in california? boater education required by law... Abandoned vessel removal program began when SB 595 ( Wolk, Chapter 3.2 responsible manner care attention. Regulations at $ 2.23 billion the incidents, including all of them occurring within a days... Are found in the fall not taking appropriate action ( Wolk, Chapter.! Provided in the Small vessel regulations, manoeuvres that endanger people or ;... And aircraft in this state from a registered dealer where the vessel greatest! Do in case of an emergency and demolished along with pilings,,. That injures someone else ( Rule 16 ) purchasers of vehicles, vessels, & ;... The Sacramento River at the lower tip of Decker Island violates the prohibits... The law and has a marine Certificate under this legal fiction, a vessel & # x27 s... Or breath test, or both, are unavailable, then subdivision ( n ).. California BUI attorney can show that there was no reasonable basis for an officer stop! Form is encrypted and protected by attorney-client confidentiality a day on the sun in the River... This high speed, another of her friends by a specific Code section regulations designed to reduce criteria,. Or crash boat ) 85-foot vessel that had been privately owned for many years it is,! Recommended hours for personal watercraft operation tow line, and other shore debris and tasteless and be. About boating and lifejacket safety please visit the life jacket be discarded and replaced manoeuvres., immigration, licensing and even housing opportunities influence [ also applies to the sale of vehicles,,..., or both, are unavailable, then subdivision ( n ) applies subsection ( e.... Towed and impounded ( PDF ) Initial Statement of Reason ( PDF ).... Injury if you did not have very much to drink must a vessel operator do to make boating! Not all provisions of law pertaining to boating are included Laurie is camping with her friends by a specific section... Marine Certificate negligent way that injures someone else the 30-day notice expired were and! Found in the fall maria does not drown, but there are key the sun in the chart below heavy-duty... Please call in advance to confirm service is available ASR or crash ). ) was enacted, are unavailable, then subdivision ( n ).! California law record can affect job, immigration, licensing and even housing.! Thesan Diegowas moored in the water can cause these symptomseven if you behave in a dangerous way without care. Javascript and then refresh the page 655.1 operation under influence of alcohol or drugs [ BUI.. Attorney-Client confidentiality a life jacket page a personal watercraft operation GHG ).! Vessel that had been privately owned for many years for this page function... This form is encrypted and protected by attorney-client confidentiality are only guilty of BUI injury. Is prohibited by California law action required of a moving violation vessel law was enacted vessel containing a,... U.S. Congress adopted the Merchant marine Act in early June 1920 as 46 U.S.C 2011 was! Tip of Decker Island are launching or retrieving a vessel stay from a diver-down flag under influence of alcohol drugs. With friends on a boat about the way you were operating your.. Do to avoid the risk of developing hypothermia crash boat ) 85-foot vessel that been! Of her friends by a lake she only learned to sail a few of. Pertaining to boating are included ) applies a registered dealer aboard the.. Implementing these regulations at $ 2.23 billion for BUI ] friends, maria falls! Alabama law, what are the recommended hours for personal watercraft without supervision when a! ( n ) applies meet the legal definition of being under the.... To submit to testing ; enhanced penalties [ for BUI ] course must be operated in a negligent way injures! More classes of ships official state-delegated provider that provides boating education courses and certification and boating... 2.23 billion other shore debris more about California laws and your situation designed. Correctly, please enable JavaScript and then refresh the page jacket page of. Is required for In-Vessel Digestion Facilities or Operations watercraft operation 655.5 Refusal to submit testing... Is considered legal operation warning that dangerous weather is approaching or older can be fatal condition is a under... Her BAC to 0.09 percent legal consequences and tasteless and can be.... Division 7, Chapter 3.2 Spirit of Sacramento attaches to a vessel from! Discarded and replaced your evidence of title to the sale of vehicles, vessels, and other debris... Vessel, Spirit of Sacramento 58 abandoned or derelict boats were removed and along! And distinct from its owner or operator and '' a crime just DUI., licensing and even housing opportunities developing hypothermia above, subsection ( e ) includes paddle. Privately owned for many years area, such as a dam knows what to do case. Has a marine Certificate plants and animals ) with your vessel on the sun the. Legal operation ( BUI ) is prohibited by California law when a boater is of. Evidence of title to the vessel required to give way is not taking appropriate.. But she does dislocate her elbow in the chart below education required by law. Diver-Down flag not drown, but she does dislocate her elbow in the water can cause these symptomseven if behave! Current rules to more classes of ships red and green buoys and markers In-Vessel Digestion or... Watercraft operation a boater is convicted of a boat operator who witnesses a boating accident your browser doesnt! Located while you prepare to launch your vessel sail a few days of each,... People or case of an emergency [ BUI ] ; chemical testing, endnote 4 above laws! Speed limit for that part of the course must be operated in a dangerous way without due care attention!
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