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title-32•Title 32 — Motor Vehicles and Traffic
The following words and phrases when used in this title have the following meanings, except when the context otherwise requires:
(1) ALLEY. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
(2) ARTERIAL STREET. Any federal or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
(3) AUTHORIZED EMERGENCY VEHICLE. Fire department vehicles, police vehicles, and ambulances that are publicly owned, and other publicly or privately owned vehicles that are designated by the director or the chief of police of an incorporated city.
(4) BICYCLE. Every device propelled by human power upon which any individual may ride, having two tandem wheels either of which is more than 14 inches in diameter.
(5) BUS. Every motor vehicle designed for carrying more than 10 passengers and used for the transportation of individuals and every motor vehicle other than a taxicab, designed and used for the transportation of individuals for compensation.
(6) BUSINESS DISTRICT. The territory contiguous to and including a highway when within any 600 feet along the highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
(7) CANCELLATION OF DRIVER LICENSE. The annulment or termination by formal action of the director of an individual’s driver license because of some error or defect in the license or because the licensee is no longer entitled to the license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after the cancellation.
(8) CONTROLLED-ACCESS HIGHWAY. Every highway, street, or roadway to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street, or roadway.
(9) CROSSWALK. Either of the following:
a. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
(10) DEALER. Every person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business for that purpose in this state and to whom current dealer registration plates have been issued by the Department of Revenue.
(11) DEPARTMENT. The Alabama State Law Enforcement Agency acting directly or through its duly authorized officers and agents.
(12) DIRECTOR. The Secretary of the Alabama State Law Enforcement Agency.
(13) DRIVEAWAY-TOWAWAY OPERATION. Any operation in which any motor vehicle, trailer, or semitrailer, singly or in combination, new or used, constitutes the commodity being transported, when one set or more of wheels of any such vehicle are on the roadway during the course of transportation, whether or not any such vehicle furnishes the motive power.
(14) DRIVER. Every individual who drives or is in actual physical control of a vehicle.
(15) DRIVER LICENSE. Any license to operate a motor vehicle issued under the laws of this state.
(16) ELECTRIC BICYCLE. A bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that meets the requirements of one of the following three classes:
a. Class 1 electric bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
b. Class 2 electric bicycle means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
c. Class 3 electric bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.
(17) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing, two non-tandem wheeled device designed to transport only one individual with an electric propulsion system with an average power of 750 watts (1 h.p.), that has a maximum speed on a paved level surface, when powered solely by the propulsion system while ridden by an operator who weighs not more than 170 pounds, of less than 20 m.p.h. The term shall not include a motorized bicycle, motorized scooter, or motorized skateboard.
(18) ESSENTIAL PARTS. All integral and body parts of a vehicle of a type required to be registered under this title, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
(19) ESTABLISHED PLACE OF BUSINESS. The place actually occupied either continuously or at regular periods by a dealer or manufacturer where his or her books and records are kept and a large share of his or her business is transacted.
(20) EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(21) FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry.
(22) FIRST RESPONDER. Any law enforcement officer, firefighter, paramedic, or emergency medical technician.
(23) FLAMMABLE LIQUID. Any liquid that has a flash point of 70 F. or less, as determined by a fagliabue or equivalent closed-cup test device.
(24) FOREIGN VEHICLE. Every vehicle of a type required to be registered hereunder brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state.
(25) GROSS WEIGHT. The weight of a vehicle without load plus the weight of any load thereon.
(26) HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(27) HOUSE TRAILER. Either of the following:
a. A trailer or semitrailer that is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways.
b. A trailer or semitrailer that has a chassis and exterior shell that is designed and constructed for use as a house trailer, as defined in paragraph a., but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
(28) IMPLEMENT OF HUSBANDRY. Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.
(29) INTERSECTION. Any of the following:
a. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
b. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
c. The junction of an alley with a street or highway shall not constitute an intersection.
(30) LANED ROADWAY. A roadway that is divided into two or more clearly marked lanes for vehicular traffic.
(31) LICENSE or LICENSE TO OPERATE A MOTOR VEHICLE. Any driver license or any other license or permit to operate a motor vehicle issued by the director under the laws of this state, including any nonresident’s operating privilege as defined in this section.
(32) LOCAL AUTHORITIES. Either of the following:
a. Every county commission.
b. Every municipal and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.
(33) MAIL. To deposit in the United States mail properly addressed and with postage prepaid.
(34) METAL TIRE. Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
(35) MOTOR VEHICLE. Every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for electric personal assistive mobility devices and electric bicycles.
(36) MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and an electric bicycle.
(37) MOTOR-DRIVEN CYCLE. Every motorcycle, including every motor scooter, with a motor that produces not more than five brake horsepower nor exceeds 150 cubic centimeter engine displacement, and weighs less than 200 pounds fully equipped, and every bicycle with a motor attached. The term does not include electric bicycles.
(38) NONRESIDENT. Every individual who is not a resident of this state.
(39) NONRESIDENT’S OPERATING PRIVILEGE. The privilege conferred upon a nonresident by the laws of this state pertaining to the operation by the nonresident of a motor vehicle, or the use of a vehicle owned by the nonresident, in this state.
(40) OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(41) OWNER. A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
(42) PARK or PARKING. The standing of a vehicle, whether occupied or not. The term does not include a vehicle that is stopped temporarily for the purpose of and actually engaged in loading or unloading merchandise or passengers.
(43) PASSENGER CAR. Every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of individuals.
(44) PEDESTRIAN. Any individual afoot.
(45) PERSON. Every individual, firm, copartnership, association, or corporation.
(46) PNEUMATIC TIRE. Every tire in which compressed air is designed to support the load.
(47) POLE TRAILER. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(48) POLICE OFFICER. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(49) PRIVATE ROAD or DRIVEWAY. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(50) RAILROAD. A carrier of individuals or property upon cars other than street cars, operated upon stationary rails.
(51) RAILROAD SIGN or SIGNAL. Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(52) RAILROAD TRAIN. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.
(53) RECONSTRUCTED VEHICLE. Every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.
(54) REGISTRATION. The registration certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles.
(55) RESIDENCE DISTRICT. The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of 300 feet or more is, in the main, improved with residences or residences and buildings in use for business.
(56) REVOCATION OF DRIVER LICENSE. The termination by formal action of the director of an individual’s license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the director after the expiration of the applicable period of time prescribed in this title.
(57) RIGHT-OF-WAY. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
(58) ROAD TRACTOR. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
(59) ROADWAY. That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term refers to each roadway separately but not to all roadways collectively.
(60) SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
(61) SCHOOL BUS. Every motor vehicle that complies with the color and identification requirements set forth by law or rule and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children.
(62) SCOOTER. a. A device weighing less than 100 pounds that satisfies all of the following:
Has handlebars and an electric motor.
Is solely powered by the electric motor or human power.
Has a maximum speed of no more than 20 m.p.h. on a paved level surface when powered solely by the electric motor.
b. This term does not include an e-bike, EPAMD, Segway, motorcycle, or moped.
(63) SECURITY AGREEMENT. A written agreement that reserves or creates a security interest.
(64) SECURITY INTEREST. An interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.
(65) SEMITRAILER. Every vehicle with or without motive power, other than a pole trailer, designed for carrying individuals or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(66) SHARED MICROMOBILITY DEVICE. A type of transportation device that includes a bicycle, electric bicycle, tricycle, scooter, hoverboard, skateboard, pedal car, or similar device, except a device used as an electrical personal assistive mobility device by an individual with disabilities, used in a shared micromobility device system.
(67) SHARED MICROMOBILITY DEVICE SYSTEM. A system that provides shared micromobility devices to users for short-term rentals, whether or not the system requires docking stations or other similar fixed infrastructure to receive or return the shared micromobility device.
(68) SIDEWALK. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
(69) SOLID TIRE. Every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load.
(70) SPECIAL MOBILE EQUIPMENT. Every vehicle not designed or used primarily for the transportation of individuals or property and only incidentally operated or moved over a highway, including, but not limited to: Ditch digging apparatus, well boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, self-propelled cranes, and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of individuals or property to which machinery has been attached.
(71) SPECIALLY CONSTRUCTED VEHICLE. Every vehicle of a type required to be registered under this title not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction.
(72) STAND or STANDING. The halting of a vehicle, whether occupied or not. The term does not include a vehicle that is halted temporarily for the purpose of and actually engaged in receiving or discharging passengers.
(73) STATE. A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada.
(74) STOP. When required, means complete cessation from movement.
(75) STOP or STOPPING. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
(76) STREET. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(77) SUSPENSION OF DRIVER LICENSE. The temporary withdrawal by formal action of the director of an individual’s driver license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the secretary.
(78) THROUGH HIGHWAY. Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when the signs or devices are erected as provided in this title.
(79) TRACKLESS TROLLEY COACH. Every motor vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(80) TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, either singly or together, while using any highway for purposes of travel.
(81) TRAFFIC-CONTROL SIGNAL. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
(82) TRAILER. Every vehicle with or without motive power, other than a pole trailer, designed for carrying individuals or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(83) TRANSPORTER. Every person engaged in the business of delivering vehicles of a type required to be registered under this title from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer.
(84) TRUCK. Every motor vehicle designed, used, or maintained primarily for the transportation of property.
(85) TRUCK PLATOON. A group of individual commercial trucks traveling in a unified manner at electronically coordinated speeds at following distances that are closer than would be reasonable and prudent without the electronic coordination.
(86) TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(87) URBAN DISTRICT. The territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.
(88) VEHICLE. Every device in, upon, or by which any individual or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or electric personal assistive mobility devices; provided, that for the purposes of this title, a bicycle, an electric bicycle, or a ridden animal shall be deemed a vehicle, except those provisions of this title, which by their very nature can have no application.
(Acts 1980, No. 80-434, p. 604, §1-100; Acts 1981, No. 81-803, p. 1412, §1; Acts 1985, 2nd Ex. Sess., No. 85-998, p. 366, §1; Act 2003-342, p. 851, §1; Act 2018-286, §1; Act 2019-437, §1; Act 2021-134, §1; Act 2024-332, §2; Act 2024-388, §2.)
The owner, operator, or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner, or person responsible for the operation of the motor vehicle.
(Acts 1935, No. 442, p. 918; Code 1940, T. 36, §95.)
Local authorities may by ordinance or resolution prohibit the operation of vehicles upon any highways or impose restrictions as to the weight of vehicles when operated upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible, whenever any said highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights reduced. Such local authorities enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby, and the ordinance or resolution shall not be effective until or unless such signs are erected and maintained. Local authorities may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs.
The Department of Transportation in respect to state highways or roads designated as part of the state system of primary roads may prescribe loads and weights lower than the limits prescribed in Section 32-9-20 whenever in its or their judgment any road or part thereof, any bridge or culvert shall by reason of deterioration, rain, snow, or other climatic conditions be liable to be damaged or destroyed by vehicles. In such event there shall be erected and maintained proper signs designating the provisions of such additional restrictions, such signs to be placed at each end of that portion of highway affected thereby. After such signs have been erected, the operation of any vehicle contrary to its provisions shall constitute a violation of this title, and such violation shall be punishable as provided in this title.
(Acts 1927, No. 347, p. 348; Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §§79, 82.)
(a) Whenever any person is arrested for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, unless otherwise provided in this section, take the name and address of such person and the license number of his or her motor vehicle, and shall issue a summons or otherwise notify him or her in writing or by an electronic traffic ticket or e-ticket to appear at a time and place to be specified in such summons, notice, or e-ticket.
An electronic traffic ticket or e-ticket, for purposes of this chapter, is defined as a ticket that is generated and printed at the site of a traffic violation after a violation has been electronically transmitted to the court. An arresting officer transfers arrest and licensing information of a violator electronically to the court. The court electronically records the arrest and issues a complaint and summons or notice to appear, which is printed at the site of the offense, and given to the violator.
The person arrested, if he or she so desires, shall have a right to an immediate hearing or a hearing within 24 hours at a convenient hour before a magistrate within the county or city where such offense was committed, or if an e-ticket is written, the person shall have a right, if he or she desires, to an immediate hearing or a hearing within 24 hours at a convenient hour before any magistrate within this state. Except when an arresting officer cites a person with an e-ticket, the officer shall, upon the giving by such person of a sufficient written bond, approved by the arresting officer, to appear at such time and place, forthwith release the person from custody.
Except when an arresting officer cites a person with an e-ticket, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. When an e-ticket is used by an arresting officer, a person shall be deemed to have given his or her written bond to appear in court on the date as specified on the e-ticket.
Any person who willfully violates his or her written bond by failing to timely appear shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.
(b) The provisions of this section shall not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person nor to any person charged with driving while under the influence of intoxicating liquor or of narcotic or other drugs nor to any person whom the arresting officer shall have good cause to believe has committed any felony, and the arresting officer shall take such person forthwith before the nearest or most accessible magistrate.
(c) Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §52; Acts 1949, No. 517, p. 754, §16; Act 2006-579, p. 1522, §1.)
(a) Whenever any person lawfully possessed of a chauffeur’s or driver’s license theretofore issued to him or her by the Department of Public Safety of the State of Alabama, or under the laws of any other state or territory, or the District of Columbia of the United States, shall be arrested and charged with any violation of the provisions of this title for which under the provisions of Sections 32-1-4 and 32-5-36 the arresting officer is directed to take a written bond, he or she shall have the option of depositing his or her chauffeur’s or driver’s license so issued to him or her with the arresting officer or the court, in lieu of any other security which may be required for his appearance in any court in this state in answer to such charge lodged in such court.
(b) If such person arrested elects to deposit his or her license as provided, the arresting officer or court shall issue such person a receipt for said license upon a form furnished or prescribed by the Alabama Department of Public Safety, and thereafter, said person shall be permitted to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his or her license or privilege is otherwise revoked, suspended, or cancelled.
(c) The clerk or judge of the court, in which the charge is lodged, shall immediately forward to the department the license of the driver deposited in lieu of bail if the driver fails to appear in answer to the charge against him or her. The Director of Public Safety shall upon receipt of a license so forwarded by the court suspend the driver license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated.
(Acts 1967, Ex. Sess., No. 220, p. 276.)
(a) Whenever any person lawfully possessed of a chauffeur’s or driver’s license theretofore issued to him or her by the Department of Public Safety of the State of Alabama, or under the laws of any other state or territory, or the District of Columbia of the United States, shall be arrested and charged with any violation of any traffic ordinance of any incorporated municipality, for which under the provisions of such ordinance the arresting officer is directed to take a written bond, he or she shall have the option of depositing his or her chauffeur’s or driver’s license so issued to him or her with the arresting officer or the clerk of the district court or municipal court, in lieu of any other security which may be required for his or her appearance in the district court or municipal court in answer to such charge lodged in such court.
(b) If such person arrested elects to deposit his or her license, as herein provided, the arresting officer or clerk of the district court or municipal court shall issue such person a receipt for said license upon a form furnished or prescribed by the municipality, and thereafter said person shall be permitted to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his or her license or privilege is otherwise revoked, suspended, or cancelled.
(c) The clerk of the court in which the charge is lodged shall immediately forward to the Department of Public Safety of the State of Alabama the license of the driver which was deposited in lieu of bail if the driver fails to appear in answer to the charge against him or her. The Director of Public Safety shall, upon receipt of a license so forwarded by the clerk, suspend the driver license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated.
(Acts 1969, No. 736, p. 1310.)
(a) It shall be unlawful to operate a motor vehicle, motorcycle, or motor driven cycle as they are defined by Section 32-1-1.1 on the beaches and sand dunes on the Gulf of Mexico along the southern boundary of the State of Alabama off of the public roads, parking places, and private driveways. Provided, however, owners of private property, their families, and invited guests may park their motor vehicles on their private property; and provided that motor vehicles engaged in the construction, maintenance, or repair of utility facilities may be operated on such beaches and sand dunes to the extent necessary to carry out such construction, repair, or maintenance of utility facilities; and provided further that motor vehicles actively engaged in construction projects may be operated on sites for which building permits have been issued by the proper building inspector or authority.
(b) Any person violating the provisions of this section shall be guilty of a Class C misdemeanor.
(Acts 1981, No. 81-563, p. 948.)
There is hereby created a department of the State of Alabama which shall be known as the Department of Public Safety and shall be headed by the Director of Public Safety. The Governor shall appoint the director, who shall serve at the pleasure of the Governor.
(Acts 1953, No. 585, p. 828, §1.)
There is hereby created within the Department of Public Safety the position of Assistant Director of Public Safety, which position shall be in lieu of that of confidential assistant provided for by Section 36-26-10, which shall be filled by appointment by the Governor, and the appointed person shall serve at the pleasure of the Governor and may be removed by the Governor; and the appointment, service, and removal of the assistant director shall not be subject to the state Merit System regulations.
The duties of the Assistant Director of the Department of Public Safety shall include direction and coordination of the activities of the Department of Public Safety, subject to and under the control and supervision of the Director of Public Safety. Such assistant director shall receive an annual salary not to exceed that salary fixed by Sections 36-6-5 through 36-6-7 to be paid from the funds of the Department of Public Safety in the same manner as other state employees are paid.
(Acts 1967, Ex. Sess., No. 175, p. 224.)
(a) The director shall create divisions within the Department of Public Safety as shall be necessary. The divisions shall include all of the following:
(1) An administrative division.
(2) A highway patrol division.
(3) A driver’s license division.
(4) A service division.
(5) An investigative division, to be named the Alabama Bureau of Investigation.
(b) Notwithstanding any other provision of law, after July 1, 2006, any person employed by the Department of Public Safety as a law enforcement officer or a trainee to be a law enforcement officer shall be 18 years of age or older.
(Acts 1953, No. 585, p. 828, §3; Act 2006-528, p. 1223, §1.)
The director shall appoint chiefs of said divisions and all other employees subject to the provisions of the Merit System Act, and said chiefs and employees shall hold their positions subject to the provisions of the Merit System Act.
(Acts 1953, No. 585, p. 828, §4.)
It shall be the duty of the Director of the Department of Public Safety, and he shall have power to do all that is necessary to administer and enforce:
(1) All laws contained in this title, as the same may now or hereafter be amended;
(2) All other laws relating or pertaining to the operation or movement of vehicles on the public highways of this state;
(3) Such other laws as the Department of Public Safety has heretofore administered and enforced.
(Acts 1953, No. 585, p. 828, §5.)
The compensation of the officers, agents, and employees provided for by this chapter shall be paid by warrants drawn by the Comptroller on the funds appropriated by the Legislature therefor as the salaries of state officials and employees are paid, and the necessary expenses and costs of necessary equipment are likewise to be paid by warrant drawn by the Comptroller on the funds appropriated by the Legislature therefor, and the amount to be expended hereunder shall be limited to the amount appropriated therefor by the Legislature and shall be budgeted, allotted, and expended pursuant to Article 4 of Chapter 4 of Title 41 of this Code.
(Acts 1953, No. 585, p. 828, §8; Acts 1955, No. 44, p. 263, §1.)
Whenever any officer, agent, or employee of the Department of Public Safety shall be called upon by the Governor, or the appointing authority of said department, to perform a duty or duties, or to be present at or on an alert basis at the scene of, or at any marshalling point for movement to such scene, of any public disorder for the control of civil disturbances, the restoration of the public order, or to perform rescue or protective duties at a natural or man-made disaster which shall extend beyond 24 hours, then any law or laws to the contrary notwithstanding, the compensation of such officers, agents, or employees of said department, the expenses of subsistence while so engaged at the call of the Governor, or of the appointing authority of said department, may be paid out of the general Treasury of the state upon the approval of the Governor, and not from the regular appropriations provided for the organization, maintenance, and upkeep of the Department of Public Safety. Warrants for these purposes shall be issued by the Comptroller on vouchers or payrolls, as may be required by the Governor, certified by the Director of Public Safety, and approved by the Governor.
(Acts 1969, No. 167, p. 452.)
Whenever the Director of Public Safety is required or allowed by law to furnish a copy of any record or report in the department’s files, the director shall set and collect a fee not to exceed the sum of fifteen dollars ($15) for each record or report, unless a different fee is otherwise prescribed by law. Ten dollars ($10) of the fee shall be paid into the State Treasury and credited to the State General Fund and five dollars ($5) shall be credited to the Department of Public Safety Highway Traffic Safety Fund.
(Acts 1971, No. 959, p. 1717; Acts 1988, 1st Sp. Sess., No. 88-721, p. 112, §1; Act 2001-471, p. 627, §1.)
When the Director of Public Safety is allowed by Alabama law to provide a criminal history records search of convictions within the State of Alabama, the director shall set and collect a minimum fee of $20.00 or the actual cost incurred. All fees collected under the provisions of this section shall be deposited in the State Treasury to the credit of the State General Fund.
(Acts 1988, 1st Sp. Sess., No. 88-814, p. 255, §1.)
The Director of Public Safety, with the approval of the Governor, may establish and promulgate reasonable rules and regulations not in conflict with the laws of this state concerning operation of motor vehicles and concerning the enforcement of the provisions of this chapter.
(Acts 1953, No. 585, p. 828, §15.)
The state Department of Public Safety is authorized, subject to approval by the Governor, to insure its employees in some insurance company or companies authorized to do business in the State of Alabama against personal injury or death caused by accident or violence while discharging their duties as such employees; provided, the amount of insurance to be procured as to any such employee shall not exceed the amount which would be payable to such employee under the workmen’s compensation laws of the State of Alabama if such employee were privately employed; except, that such policy may provide additional benefits not to exceed $10,000.00 per employee for the payment of hospital and medical expenses.
The cost of such insurance shall be paid by the state Department of Public Safety out of any funds appropriated to its use in manner provided by law.
(Acts 1943, No. 388, p. 606; Acts 1953, No. 722, p. 976.)
(a) There is hereby established a separate fund in the State Treasury, the “Alabama Bureau of Investigation Cost of Evidence Fund.” Distributions may be made from this fund by the State Comptroller only to the Alabama Department of Public Safety and only upon presentation to the Comptroller by the Director of the Department of Public Safety of proper documentation that the requested distribution from the fund is for the use of the Alabama Bureau of Investigation for the procurement of evidence to aid in the criminal enforcement of the laws of this state.
(b) Any funds withdrawn from the fund which are not expended for the purposes authorized in subsection (a) or which are, after expenditure for such purposes, recovered by or reimbursed to the Department of Public Safety, shall be returned to the state Comptroller for deposit to the Alabama Bureau of Investigation Cost of Evidence Fund.
(c) Beginning with the 1997-1998 fiscal year, and each fiscal year thereafter, whenever the unexpended balance in the Alabama Bureau of Investigation Cost of Evidence Fund falls below a balance of $90,000, the additional sum required to maintain a balance of $100,000 in the fund is hereby appropriated from the State General Fund to the fund provided, however, that the amount deposited to the fund from the State General Fund shall not exceed a cumulative total of $200,000 during any single fiscal year. Any funds deposited by the Comptroller to the Alabama Bureau of Investigation Cost of Evidence Fund pursuant to subsection (b) shall not be counted for purposes of the $200,000 per fiscal year limit imposed by this subsection.
(d) The Department of Public Safety shall include with the department’s annual budget request to the Governor and the Legislature a statement of total expenditures from the Alabama Bureau of Investigation Cost of Evidence Fund for the most recent complete fiscal year.
(Act 98-557, p. 1257, §1.)
The Governor is authorized to establish and maintain a state highway patrol.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §71; Acts 1943, No. 446, p. 408; Acts 1953, No. 17, p. 22; Acts 1955, No. 43, p. 260, §3.)
No state trooper shall be entitled to any costs, fees, or mileage for attending any court, but instead the proper authority shall collect such costs, fees, and mileage as may be due such officers for attendance on any court or for any official act and shall promptly turn the same over to the Director of Public Safety, who shall cover the same into the State Treasury to the credit of the General Fund.
(Acts 1953, No. 585, p. 828, §6.)
Members of the state highway patrol, when duly appointed, shall have the powers of peace officers in this state and may exercise such powers anywhere within the state.
(Acts 1953, No. 585, p. 828, §7.)
Before entering upon the duties of their respective offices, all officers and members of the state highway patrol shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $2,000.00, for the faithful performance of their duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
The officers and members of the state highway patrol shall be subject to the same liabilities, penalties, and damages under their bonds as sheriffs are under their bonds.
(Acts 1953, No. 585, p. 828, §9.)
In all cases where arrests are made by a state trooper, an arrest fee of $5.00 for such arrest shall be collected by the proper authorities and promptly turned over to the Director of Public Safety, who shall cover the same into the State Treasury to the credit of the General Fund; provided, that no witness fee, arrest fee, mileage cost, or any other fees or costs shall be paid by any county out of its funds to said department and no fine and forfeiture claim shall be issued against the fine and forfeiture fund of any county to or for any such state trooper for or on account of those cases brought in any court or before any grand jury by any such officer wherein no indictment is found, the state fails to convict, or the indictment or complaint abates or is nolle prossed or is withdrawn and filed in such case.
(Acts 1953, No. 585, p. 828, §10; Acts 1955, No. 44, p. 263, §1; Acts 1961, No. 834, p. 1237.)
Any person who, at the time of his or her retirement, is employed by the state Department of Public Safety as a state trooper or other law-enforcement officer shall receive, as a part of his or her retirement benefit, without cost to him or her, his or her badge, pistol, and such other equipment as the Department of Public Safety may designate.
(Acts 1971, No. 2340, p. 3774.)
The Director of the Department of Public Safety is hereby authorized to establish a state trooper reserve of the Alabama state troopers to be composed of such persons who may volunteer to serve as state trooper reserves of the Alabama state troopers. Such service to be without compensation to the individual so volunteering.
(Acts 1978, 2nd Ex. Sess., No. 123, p. 1838, §1.)
Reserve state troopers serving with the Alabama state troopers shall at all times serve under the direction and supervision of the Director of the Department of Public Safety and/or members of the Alabama state troopers. State trooper reserves, while serving under the supervision and direction of the director or a member of the Alabama state troopers, shall have the same protection and immunities afforded regularly employed state troopers, which shall be recognized by all courts having jurisdiction over offenses against the laws of this state.
(Acts 1978, 2nd Ex. Sess., No. 123, p. 1838, §2.)
The Director of the Department of Public Safety shall determine the fitness of persons to serve as state trooper reserves.
(Acts 1978, 2nd Ex. Sess., No. 123, p. 1838, §3.)
The duties of a state trooper reserve officer shall be limited to assisting the Department of Public Safety in the performance of its regularly constituted duties and shall serve under the immediate supervision of a lawful Department of Public Safety officer.
(Acts 1978, 2nd Ex. Sess., No. 123, p. 1838, §4.)
State trooper reserves shall have the authority to carry firearms when summoned to duty.
(Acts 1978, 2nd Ex. Sess., No. 123, p. 1838, §5.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2026-374, EFFECTIVE OCTOBER 1, 2026.
When used in this article, the following terms have the following meanings, respectively, unless the context clearly indicates a different meaning:
(1) CRIMINAL HISTORY INFORMATION. Information collected and stored in the criminal record repository of the Department of Public Safety reflecting the result of an arrest, detention, or initiation of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of arrests, detentions, indictments, or other formal charges. The term shall not include analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.
(2) CRIMINAL JUSTICE AGENCY. Any municipal, county, state, or federal agency whose personnel have power of arrest and who perform a law enforcement function. This definition shall also include the Attorney General of the State of Alabama, all federal and state prosecuting attorneys, and all municipal, state, and federal judges.
(3) DEPARTMENT. The Department of Public Safety.
(4) DIRECTOR. The Director of the Department of Public Safety.
(5) PERSON. Any individual, partnership, corporation, association, business, government, governmental subdivision or agency, or any other public or private entity.
(Acts 1992, 2nd Ex. Sess., No. 92-676, p. 56, §1.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2026-374, EFFECTIVE OCTOBER 1, 2026.
(a) The director may open to any person for inspection, copying, and mechanical reproduction, during the department’s regular business hours, criminal history information on any individual, if the individual has given written permission for the release of the information to the requester and if the opening of the information is not forbidden by order of any court of competent jurisdiction or by federal law. Any person requesting criminal history information from the department must present to the department, along with the request, a copy of the required written permission.
(b) The director shall establish and collect a nonrefundable fee for costs incurred by the department in providing the requested criminal history information. The fee shall be $25.00. The proceeds shall be deposited in the State Treasury to the credit of the Public Safety Automated Fingerprint Identification System Fund, which is hereby created. All money deposited in the State Treasury to the credit of the Public Safety Automated Fingerprint Identification System Fund shall be expended for the department’s administrative costs for maintaining and providing the information and for operations and maintenance of the Automated Fingerprint Identification System. No money shall be withdrawn or expended from the fund for any purpose unless the money has been allotted and budgeted in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill or other appropriation bills.
(c) Criminal justice agencies and the Alabama Peace Officers Standards and Training Commission requests for criminal history information are hereby exempted from the fee requirements in subsection (b) except when such requests pertain to municipal or county ordinances intended to screen perspective employees of private entities.
(d) Requests for national criminal history record access, authorized by federal law, passing through the criminal record repository of the department to the Federal Bureau of Investigation require the submission of an additional fee as specified by the Federal Bureau of Investigation to cover their costs of processing the request. In addition to the fee specified in subsection (b) the director shall collect a fee and deposit same into the Public Safety Automated Fingerprint Identification System Fund for payment of the fee specified by the Federal Bureau of Investigation for national criminal history record access.
(Acts 1992, 2nd Ex. Sess., No. 92-676, p. 56, §2.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2026-374, EFFECTIVE OCTOBER 1, 2026.
In accordance with the Administrative Procedure Act, the director shall promulgate reasonable procedures and regulations for the implementation of this article.
(Acts 1992, 2nd Ex. Sess., No. 92-676, p. 56, §3.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2026-374, EFFECTIVE OCTOBER 1, 2026.
Any person who willfully disseminates information other than the information authorized by this article, is guilty of a Class C misdemeanor and upon conviction thereof shall be punished as prescribed by law.
(Acts 1992, 2nd Ex. Sess., No. 92-676, p. 56, §4.)
There is hereby created in the State Treasury the Public Safety Motor Vehicle Replacement Fund of the Alabama Department of Public Safety. This fund shall assist in providing the necessary funds to replace the Department of Public Safety law enforcement motor vehicles. Vehicles purchased from funds appropriated from the Public Safety Motor Vehicle Replacement Fund shall be used specifically for law enforcement purposes. None of the funds appropriated from this fund may be expended by the department for salaries nor for any purpose other than the purchase of law enforcement vehicles.
(Acts 1995, No. 95-389, p. 795, §1.)
Any funds created from depreciation, equipment replacement allowance, and salvage value for replacement of law enforcement motor vehicles in the department shall be deposited in the Public Safety Motor Vehicle Replacement Fund created pursuant to Section 32-2-80; however the expenditure of any monies appropriated from this fund shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. These funds shall not revert at the end of each fiscal year, but shall be carried over to each succeeding fiscal year.
(Acts 1995, No. 95-389, p. 795, §2.)
The Department of Public Safety may not transfer automotive vehicles from law enforcement personnel nor vehicles designated for law enforcement purposes to other personnel in that department nor shall vehicles be transferred to be used for any other purpose in that department nor transferred to any other state agency. Whenever the Department of Public Safety intends to purchase vehicles, the director shall provide written notification to the Director of Finance, the Chairman of the House Committee on Ways and Means, and the Chairman of the Senate Committee on Finance and Taxation-General Fund at least ten (10) days prior to the purchase. Such notification shall include the number of vehicles, the cost of those vehicles and the designated purpose for those vehicles.
(Acts 1995, No. 95-389, p. 795, §3.)
(a) Any other provisions to the law contrary notwithstanding, the Secretary of the Alabama State Law Enforcement Agency shall be responsible for the disposal of any agency vehicles or property. Such vehicles or property shall be sold by the Secretary or his or her designee either at public auction or by a negotiated sale by the Alabama State Law Enforcement Agency to any other state department or agency. The Alabama State Law Enforcement Agency may sell vehicles and property under this subsection to any county or municipal law enforcement agency or any county or municipal entity. Any state department or agency may negotiate for the purchase of the vehicle or property for their use in compliance with state law.
(b) Every proposal to make a sale at public auction shall be advertised for at least two weeks in advance of the date fixed for the auction. Such advertisement shall appear at least once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be made, and a copy of such proposal shall simultaneously be posted on a readily accessible public bulletin board at the main office of the Alabama State Law Enforcement Agency. Advertisements for auctions shall state the item or items to be sold, by class and description, where the property is located and the dates, time, and place the property may be inspected. The advertisements shall further state the date, time, and place of auction. All property advertised under this section shall be available for inspection during normal state office hours, and at whatever place advertised for at least 48 hours prior to sale.
(c) All property sold under this section shall be paid for by the purchaser or his or her representative by cashier’s check, bank draft, certified check, U.S. currency, or notarized bank letter stating that the holder may purchase surplus property and also stating a maximum amount, at the time of acceptance of bid and award of contract, and the removal shall be not later than seven days after the awarding of the contract.
(d) No officer or employee of the State of Alabama or any of its departments, boards, bureaus, commissions, institutions, corporations, or agencies shall act as agent for any bidder; provided, however, that such officers or employees shall not be excluded from bidding on or purchasing state property at public sale.
(e) Any sale made in violation of the terms of this section shall be null and void, and the person or persons responsible for the violation shall be subject to liquidated damages of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), which may be recovered for the State of Alabama by the Attorney General by civil action in the Circuit Court of Montgomery County. Any moneys recovered by the Attorney General under this section shall be deposited into the State General Fund.
(f) All proceeds from sales made under this article, whether at public auction or by negotiation, shall be paid into the Public Safety Fund in the State Treasury for use by the Alabama State Law Enforcement Agency, to be earmarked for state troopers.
(Acts 1995, No. 95-389, p. 795, §4; Act 2016-151, §1.)
The funds designated by this article to be deposited to the Motor Vehicle Replacement Fund are intended to be in addition to the amounts transferred annually to the Department of Public Safety from the Public Road and Bridge Fund pursuant to Act 91-797. Funds transferred to the Department of Public Safety, which will become part of the Alabama State Law Enforcement Agency, pursuant to Act 91-797 may be expended for the operations of the department as well as for the purchase of equipment for traffic law enforcement, as provided by that act. Such equipment shall include motor vehicles and related equipment only.
(Acts 1995, No. 95-389, p. 795, §5; Act 2009-514, p. 1402, §2; Act 2011-635, p. 1528, §1; Act 2014-320, p. 1144, §1.)
(a) The Director of the Alabama Department of Public Safety shall employ the necessary state Capitol police officers, subject to the state Merit System laws, to preserve order, to prevent and investigate crime, and protect and save from injury persons and property at the Capitol and all state buildings occupied by the state departments and agencies within the State of Alabama. The director shall prescribe the duties and responsibilities of the state Capitol police officers. All officers employed as state Capitol police officers shall meet the certification requirements as established by the Alabama Peace Officers’ Standards and Training Commission prior to being granted permanent employment status.
(b) Upon September 1, 2003, all state Capitol police officers and employees shall be transferred to the Alabama Department of Public Safety. Sworn officers transferred in accordance with this section shall remain in their current Merit System classification, unless later altered or amended by the State Personnel Board. The Director of the Department of Finance shall cause to be transferred to the Department of Public Safety, the annual funding appropriation and budget for the state Capitol police officers and all individual and organizational equipment, uniforms, vehicles, and other property currently utilized by the state Capitol police officers. The Director of Finance and the Director of Public Safety may enter into an interagency agreement to facilitate this transfer of employees and property.
(c) Upon September 1, 2003, the classification of State Capitol Police Chief shall be transferred to the Department of Public Safety with no loss of pay or benefits, to be assigned duties as the Director of Public Safety or his or her designee shall designate.
(d) State Capitol police officers, when duly appointed, shall have the powers of peace officers in this state and may exercise such powers anywhere within the state.
(e) Any reference to the state Capitol police officers under the Department of Finance shall henceforth be considered as the state Capitol police under the Department of Public Safety.
(Act 2003-363, p. 1014, §2.)
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) ALERT SYSTEM. The Blue Alert system.
(2) DEPARTMENT. The Department of Public Safety.
(3) DIRECTOR. The Director of the Department of Public Safety.
(4) LAW ENFORCEMENT AGENCY. A law enforcement agency with jurisdiction over the search for a suspect in a case involving the death or serious injury of a peace officer or an agency employing a peace officer who is missing in the line of duty.
(5) PEACE OFFICER. A person who is certified to exercise the power of arrest under the laws of this state.
(b) There is established a statewide alert system known as Blue Alert which shall be developed and implemented by the director, who is the statewide coordinator of the alert system.
(c) The alert system may be activated under either of the following circumstances:
(1) When a suspect of a crime involving the death or serious injury of a peace officer has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public.
(2) When a peace officer becomes missing while in the line of duty under circumstances warranting concern for the safety of the peace officer.
(d) The director shall do all of the following:
(1) Adopt rules necessary to ensure the proper implementation of the alert system, including instructions on the procedures for activating and deactivating the alert system.
(2) Prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.
(e) The department may do any of the following:
(1) Recruit public and commercial television, radio, cable, print, and other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system.
(2) Enter into agreements with participants in the alert system to provide necessary support for the alert system.
(f) A law enforcement agency participating in the alert system shall do all of the following:
(1) Cooperate with the department and assist in developing and implementing the alert system.
(2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated.
(3) Utilize a rapid response telephone system that alerts residents in a targeted area.
(g) Upon notification by a law enforcement agency that a suspect in a case involving death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public, the director shall activate the alert system and notify the appropriate participants in the alert system, as established by rule, if all of the following conditions are met:
(1) A law enforcement agency believes that a suspect has not been apprehended.
(2) A law enforcement agency believes that the suspect may be a serious threat to the public.
(3) Sufficient information is available to disseminate to the public that could assist in locating the suspect.
(h) Upon notification by a law enforcement agency that a peace officer is missing while in the line of duty under circumstances warranting concern for the safety of the peace officer, the director shall activate the alert system and notify the appropriate participants in the alert system, as established by rule, if sufficient information is available to disseminate to the public that could assist in locating the missing peace officer.
(i) The area of the alert may be less than statewide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location.
(j) Before requesting activation of the alert system, a law enforcement agency shall verify that the criteria described under subsections (g) or (h) have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime or the last known location of the missing police officer.
(k) The director shall terminate any activation of the alert system with respect to a particular incident if either of the following circumstances occur:
(1) The suspect or peace officer is located or the incident is otherwise resolved.
(2) The director determines that the alert system is no longer an effective tool for locating the suspect or peace officer.
(l) A law enforcement agency shall notify the director immediately when the suspect is located and in custody or when the peace officer is found.
(m) An entity or individual involved in the dissemination of an alert generated through the alert system pursuant to this section shall not be liable for any civil damages arising from such dissemination absent unreasonable, wanton, willful, or intentional conduct.
(Act 2012-178 , p. 280, §1.)
AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
There is hereby established a committee to be designated the State Safety Coordinating Committee which shall be composed of the Governor as chair, the Director of Public Safety, the Director of the State Department of Transportation, two members of the Senate appointed by the President of the Senate, two members of the House appointed by the Speaker, the Attorney General, the Administrator of the state Alcoholic Beverage Control Board, the State Toxicologist, the Chief Justice of the Alabama Supreme Court, and a person appointed by the Governor for a term of four years from the state at-large. The ex officio members shall serve until the expiration of the terms for which they have been elected or during their tenure in the office to which appointed. The appointed legislative members shall serve for the term for which they have been elected, or if reelected to the Legislature for a succeeding term, until a successor is appointed by the appointing officer during the succeeding term. The Governor, Director of Public Safety, Director of Transportation, Attorney General, Administrator of the Alcoholic Beverage Control Board, State Toxicologist, and Chief Justice of the Alabama Supreme Court may each designate a person to serve on the committee in his or her place, which person shall serve at the pleasure of the appointing official. Any person serving on the committee who is not entitled to per diem allowances and travel expenses as a state employee shall be entitled to the same per diem allowances and travel expenses in the same manner as a state employee.
The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state, where possible.
(Acts 1965, 1st Ex. Sess., No. 92, p. 107, §1; Acts 1982, 2nd Ex. Sess., No. 82-708, p. 166; Act 2006-199, p. 287, §1.)
The State Safety Coordinating Committee shall meet regularly upon call of the Governor for the purpose of exploring every facet of the complex problem of traffic safety; to identify major highway and traffic problems; to formulate concrete plans of action to meet those needs; to establish a schedule of priorities for action; and to coordinate the separate programs adopted by traffic officials in all executive branches of state government, as well as those of county and municipal governments, and those of civic, commercial, industrial, labor, fraternal, religious, educational, and national organizations in a major effort to promote all aspects of public safety.
(Acts 1965, 1st Ex. Sess., No. 92, p. 107, §2.)
The State Safety Coordinating Committee shall study specifically the problems of interstate and intrastate highway safety; the feasibility and advisability of the adoption of interstate highway safety compacts; the adoption of uniform laws and ordinances, uniform signs, signals and markings; the means of obtaining more uniform enforcement of traffic laws, the use of motor vehicle safety equipment; and the problem of engineering safety control in roads and highways.
(Acts 1965, 1st Ex. Sess., No. 92, p. 107, §3.)
The State Safety Coordinating Committee shall also from time to time make recommendations to the Legislature for the enactment of laws designed to promote improvement in existing programs of highway safety and for the adoption of additional programs or measures as may be considered necessary and advisable to accomplish the objects of the committee.
(Acts 1965, 1st Ex. Sess., No. 92, p. 107, §4.)
The State Safety Coordinating Committee is hereby authorized to expend for payment of administrative expenses heretofore or hereafter incurred in its program any funds appropriated to it by Section 32-5-313.
(Acts 1965, 1st Ex. Sess., No. 92, p. 107, §5.)
The State Safety Coordinating Committee is hereby authorized to allocate any funds appropriated to it to the office of the coordinator of highway and traffic safety for expense of highway and traffic safety programs and for participation to secure benefits available under the National Highway Safety Act of 1966, and all subsequent amendments thereto, and similar federal programs of highway and traffic safety.
(Acts 1971, No. 957, p. 1716, §1.)
The State Safety Coordinating Committee is hereby authorized to allocate any funds appropriated to it to the Department of Education or to any educational institution in Alabama for the sole purpose of instituting and conducting a program of prelicensing driver education and training. All funds so allocated shall be set up in a special fund in the State Treasury known as the “Driver Education and Training Fund” which shall be used solely for the purpose of carrying out the provisions of this section.
(Acts 1973, No. 1137, p. 1921; Acts 1977, No. 501, p. 657.)
This chapter shall be known as, and may be cited as, the “Highway and Traffic Safety Coordination Act of 1967.”
(Acts 1967, No. 270, p. 775, §1.)
It is the public policy of this state in every way possible to reduce the number of traffic accidents, deaths, injuries, and property damage through the formulation of comprehensive highway and traffic safety programs. The Governor, as the chief executive and highest elected official of this state, is hereby invested with the power and authority to act as the chief administrator in the formulation of such programs on highway and traffic safety.
(Acts 1967, No. 270, p. 775, §2.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 270, p. 775, §3.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 270, p. 775, §4.)
The Governor is hereby authorized and granted the power to contract and to exercise any other powers which may be necessary in order to insure that all departments of state government and local political subdivisions participate to the fullest extent possible in the benefits available under the “National Highway Safety Act of 1966” and all subsequent amendments thereto and similar federal programs of highway and traffic safety. The Governor is hereby authorized to formulate standards for highway and traffic safety programs for political subdivisions to assure that they meet criteria of the National Highway Safety Bureau, or its successor, and shall institute a reporting system for the local political subdivisions to report the status of their programs to the state.
(Acts 1967, No. 270, p. 775, §5.)
The Governor, acting for and in behalf of the State of Alabama, is authorized to cooperate with, and participate in, the programs of all federal, state, local, public, and private agencies and organizations in order to effectuate the purposes of this chapter.
(Acts 1967, No. 270, p. 775, §6.)
The governing authorities of the various counties and municipalities are empowered to contract with the state, federal, and other local, public and private agencies and organizations and exercise other necessary powers to participate to the fullest extent possible in the highway and traffic safety programs of this state, the provisions of the “National Highway Safety Act of 1966” and all subsequent amendments thereto and similar federal programs of highway and traffic safety.
(Acts 1967, No. 270, p. 775, §7.)
(a) Except as herein otherwise provided, local authorities shall have no power to pass, enforce, or maintain any ordinance, rule, or regulation requiring from any owner or chauffeur or other authorized driver to whom this chapter is applicable, any additional license or permit for the use of the public highways, or excluding any such owner, chauffeur, or other authorized driver from the public highway, nor to pass, enforce, or maintain any ordinance, rule, or regulation regulating motor vehicles or their speed contrary to the provisions of this chapter, nor shall any such law now in force or hereafter enacted have any effect.
(b) Local authorities shall have no power or authority to charge a license or tax upon any motor carrier hauling passengers or any truck hauling freight for hire, when such motor carriers in the usual course of operations enter or pass through any county, municipality, or town of this state; provided, that this limitation shall not restrict the right of any municipality to charge a license for the privilege of maintaining or operating a terminal station, depot, or waiting room therein.
(c) Local authorities may set aside for a given time a specified public highway for speed contests or races, to be conducted under proper restrictions for the safety of the public. Local authorities may exclude motor vehicles from any cemetery or grounds used for burial of the dead.
(d) Local authorities shall have power to provide by ordinance for the regulation of traffic by means of traffic officers or semaphores or other signaling devices on any portion of the highway where traffic is heavy or continuous and may prohibit other than one-way traffic upon certain highways and may regulate the use of the highways by processions or assemblages.
(e) Local authorities may also regulate or prohibit the parking of vehicles within the limits of their respective municipalities, and may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations.
(Code 1923, §6269; Acts 1927, No. 347, p. 348; Code 1940, T. 36, §32.)
Nothing in this chapter shall be so construed as to prevent the owner of real property used in public for purposes of vehicular travel by permission of the owner and not as matter of right, from prohibiting such use nor from requiring other or different or additional conditions than those specified in this chapter or otherwise regulating such use as may seem best to such owner. Provided, however, when the owner of real property allows the real property to be used by the public for the purpose of vehicular travel, and/or as a quasi-public parking lot for the use of customers, tenants, or employees of the property, the owner of the real property shall erect and maintain all traffic-control devices thereon in strict accordance with the rules and regulations in effect in the local jurisdiction and in conformance with the Alabama Manual on Uniform Traffic-Control Devices and any revisions thereof.
Nothing herein contained, however, shall be construed to compel the state or local governmental jurisdiction to maintain such quasi-public parking areas and lots or to install or maintain any traffic-control device therein and thereon.
The owner of the real property shall be required to meet the requirements of Section 32-5-31(a) with respect to local authorities in their respective jurisdictions.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §33; Acts 1979, No. 79-673, p. 1188.)
It shall be unlawful and constitute a misdemeanor for any person to park or place any vehicle upon the public highway opposite or at or near a ramp or any other constructed platform, or any other loading device, and take on or be loaded therefrom.
Any person violating this section upon conviction shall be punished by a fine of not less than $25.00 nor more than $100.00, or by imprisonment in the county jail for not less than 10 days, nor more than 30 days, or by both fine and imprisonment.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §4.)
It shall be unlawful and constitute a misdemeanor for any person to unload from a vehicle of any kind in whole or in part any lumber, logs or any other article upon the highway, or within the limits of the right-of-way of any public highway, or place lumber or logs, or any other article at or near either limit of the road right-of-way which may endanger the safety of life, limb or property of any person passing upon the highway.
Any person violating this section upon conviction shall be punished by a fine of not less than $25.00 nor more than $100.00, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §4.)
It shall be the duty of the Director of Transportation to immediately remove or cause to be removed any ramp or platform extending upon the right-of-way of any public highway and to remove or cause to be removed immediately upon notice any obstruction found upon the roadway likely to endanger life, limb, or property and to remove or cause to be removed any obstruction found in the ditches or drains of any public highway, and he or she shall have the authority to proceed against any person guilty of violating any provision of Sections 32-5-3 and 32-5-4 as provided by law.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §4.)
The State Board of Education shall adopt minimum standards, not inconsistent with this chapter, to govern the specifications of all new school buses purchased in the future and for the overall operation of all school buses used for the transportation of school children when owned and operated by any school system or privately owned and operated under contract with any school system.
(Acts 1949, No. 516, p. 740, §33.)
(a) Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any illegal or careless operation, driving or moving of such vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight prescribed by law but authorized by a special permit issued as provided in Section 32-9-29.
(b) Whenever such driver is not the owner of such vehicle, object, or contrivance, but is so operating, driving, or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any such damage.
(c) Such damage may be recovered in a civil action brought by the authorities in control of such highway or highway structures.
(Acts 1949, No. 516, p. 740, §41.)
Whoever willfully throws or shoots a rock, stone, brick or piece of iron, steel or other like metal, or any deadly or dangerous missile or fire bomb, into a motor vehicle that is occupied by one or more persons is guilty of a felony and upon conviction shall be imprisoned for not less than one year and a day and shall be fined not less than $500.00.
This section is cumulative.
(Acts 1967, No. 429, p. 1099.)
Handicapped or paraplegic drivers of motor vehicles are authorized when getting into and out of such vehicles, or when in motor vehicle distress, to display a white flag of approximately seven and one-half inches in width and 13 inches in length, with the letter “H” thereon in red color with an irregular one-half inch red border. The flag shall be of reflective material so as to be readily discernible under darkened conditions and shall be issued under Section 32-5-13.
(Acts 1961, No. 710, p. 1006, §1.)
The Director of Public Safety may, upon application and payment of a fee of $1.00, issue to any handicapped person a distress flag as described in Section 32-5-12, and a card which shall be applicant’s authority to use such flag. This card shall set forth applicant’s name, address, date of birth, physical apparatus, if any, needed to operate a motor vehicle, and other pertinent facts which the director deems desirable. The card and flag issued to an applicant shall bear corresponding numbers. In the event of loss or destruction of such flag a replacement may be issued upon the payment of the sum of $1.00 by the applicant. The Director of Public Safety shall maintain a list of those persons to whom distress flags and cards have been issued.
(Acts 1961, No. 710, p. 1006, §2.)
Any person who is not a handicapped or paraplegic person who uses the distress flag as a distress signal or for any other purpose or any other person who violates any provision of Sections 32-5-12 through 32-5-14 shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law.
(Acts 1961, No. 710, p. 1006, §3.)
When it becomes apparent to any state trooper that a road is dangerous for use of motor vehicles on account of weather conditions, high water, damaged roadways or bridges, or from any other cause, or when in the opinion of any state trooper a road may be seriously injured by allowing traffic on same, then the state trooper is authorized to close such highway immediately by placing thereon a barricade, lights, or other sign stating that the road is closed, and immediately notifying the division engineer or some other official of the Department of Transportation. Such road shall remain closed until the hazard has been corrected and the road ordered opened by the Department of Transportation.
(Acts 1949, No. 516, p. 740, §40.)
(a) It shall be deemed a nuisance and shall be unlawful for any person, or one or more of a group of persons together, between the hours of sunset and sunrise, to willfully throw or cast, or cause to be thrown or cast, in a continuous and repeated manner, the rays of a spotlight, headlight, or other artificial light from any motor vehicle or with the aid of any motor vehicle, while the motor vehicle is on any highway or public road and casting the light on any real property. The provisions of this section shall not apply to farmers while checking livestock and repair upon land which they own, lease, or rent, nor to employees of a utility company when such employees are acting within the scope of their employment. The Commissioner of the Department of Conservation and Natural Resources shall be empowered to issue exceptional permits for the purpose of wildlife management, research, or education.
(b) Any violation of the provisions of this section shall be a Class B misdemeanor.
(Acts 1979, No. 79-709, p. 1262; Acts 1987, No. 87-575, p. 918.)
(a) Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon highways under their jurisdiction as they may deem necessary to indicate and carry out the provisions of this chapter or local traffic ordinances or to regulate, warn, or guide traffic.
(b) Repealed by Acts 1980, No. 80-434, §15-106.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §48; Acts 1949, No. 517, p. 754, §14; Acts 1976, No. 355, p. 399.)
No provision of this chapter shall prevent a motor vehicle from hauling or towing a disabled vehicle while on the highway to a point for the purpose of making repairs; provided, that such motor vehicle otherwise complies with the requirements of this chapter and is in charge of a responsible driver; a drawbar or other connection between any two such vehicles shall not exceed 15 feet in length, and there shall be displayed at the rear of the last vehicle a red flag or other signal or cloth not less than 12 inches in length and width and lighted as required by Section 32-5-240. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 32-5-311.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §81.)
In crossing an intersection of highways or in the intersection of a highway by a railroad right-of-way, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable.
(Acts 1949, No. 516, p. 740, §5.)
Any person under the age of 16 years who shall drive or operate any motor vehicle upon the public highways of this state shall be guilty of a misdemeanor, and shall be dealt with as provided by the juvenile laws of this state. This section shall not apply to any student enrolled in a driver training program approved by the State Superintendent of Education or the Director of Public Safety while driving or operating a motor vehicle pursuant to the instructional program. However, no student in any driver training program who is under 16 years of age shall drive or operate any motor vehicle unless accompanied by a licensed driver who is 21 years of age or older.
(Code 1923, §3329; Acts 1927, No. 347, p. 348; Code 1940, T. 36, §55; Acts 1949, No. 517, p. 754, §17; Act 2010-735, p. 1850, §1.)
Any owner or person in charge of any motor vehicle who permits any child under the age of 16 years to operate such motor vehicle upon the public highways of this state, except as provided by Section 32-5-64, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided by Section 32-5-311.
(Code 1923, §3330; Acts 1927, No. 347, p. 348; Code 1940, T. 36, §56; Acts 1949, No. 517, p. 754, §18.)
(a) The driver of a vehicle shall not back the same unless it shall reasonably appear that such a movement can be made with safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.
(Acts 1975, No. 1203, p. 2382, §1.)
Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section.
(1) The vehicle shall be marked or placarded on each side and the rear with the word “explosives” in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than 24 inches square marked with the word “danger” in white letters six inches high.
(2) Every vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used.
(3) The Director of Public Safety is hereby authorized and directed to promulgate such additional regulations governing the transportation of explosives and other dangerous articles by vehicles upon the highways as he or she shall deem advisable for the protection of the public.
(Acts 1949, No. 516, p. 740, §44.)
Any person operating a motor vehicle on any highway hauling logs, lumber, pulp wood, tar wood, bale cotton or hay, or other articles that may shift or drop onto the highway is required to fasten such load with steel cables or chains of sufficient size to prevent the load from shifting or dropping onto the highway.
(Acts 1949, No. 516, p. 740, §45.)
(a)(1) Whoever willfully and knowingly operates, owns, or causes to be operated on any public highway, road, street, or public right-of-way a motor vehicle so loaded with gravel, rock, slag, or bricks, in any manner or in any condition that the contents of the vehicle spill out and cause it to be deposited upon the highway, road, street, or public right-of-way is guilty of a Class B misdemeanor pursuant to Section 13A-7-29, the criminal littering statute.
(2) The Alabama State Law Enforcement Agency shall adopt rules to implement this subsection.
(b) No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
(c)(1) Whoever willfully and knowingly operates, owns, or causes to be operated on a public highway, road, street, or public right-of-way, a motor vehicle in any manner or in any condition that litter is caused or allowed to be deposited upon the highway, road, or street or public right-of-way, is guilty of a Class B misdemeanor pursuant to Section 13A-7-29, the criminal littering statute.
(2) The Alabama State Law Enforcement Agency shall adopt rules to implement this subsection.
(d) Any agricultural product in its natural state that is unintentionally deposited upon a highway, road, street, or public right-of-way does not constitute litter for purposes of this section or Section 13A-7-29.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §39; Acts 1949, No. 517, p. 754, §9; Acts 1971, No. 1419, p. 2423; Acts 1989, No. 89-661, p. 1314, §1; Act 2001-469, p. 623, §1; Act 2019-530, §1.)
(a) Any law to the contrary notwithstanding, the Director of the Department of Public Safety is hereby authorized to restrict driving in the extreme left side in any portion of any interstate highway, or of any highway of sufficient width, except for overtaking and passing. He or she may issue any reasonable rules and regulations necessary to implement this section.
(b) The Director of Public Safety shall give appropriate notice to the state Director of Transportation of the locations of any portions of highways designated as restricted pursuant to the provisions of subsection (a) of this section so that appropriate markers or other equipment may be erected by the State Department of Transportation.
(Acts 1979, No. 79-799, p. 1462.)
(a) For the purposes of this section, the following words shall have the following meanings:
(1) DUMP TRUCK. A motor vehicle which has a bed attached to the truck which allows the front of the bed near the passenger compartment to be raised to over a 20-degree angle to allow the load to be dumped from the rear of the bed.
(2) HIGHWAY. Any public highway, road, or municipal street.
(b) A dump truck may not be driven on any highway of this state with the bed of the truck raised to more than a 20-degree angle except when the dump truck is actively engaged in dumping its load.
(c) A violation of this section is a Class C misdemeanor on the first offense. Any second or subsequent offense is a Class B misdemeanor.
(d) This section shall not be construed to repeal any other criminal law. Whenever conduct prohibited by this section is also prohibited by any other provision of law, the provision that carries the more serious penalty shall be applied.
(Act 2016-343, §1.)
(a) The Department of Transportation or other proper state body upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway or viaduct, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this article, the department shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure. When such public bridge, causeway or viaduct is within a municipality, such suitable signs stating such maximum speed shall be erected within such less distance of 100 feet before each end of such structure as the governing body of such municipality shall so ordain. The findings and determination of the department shall be conclusive evidence of the maximum speed which can with safety to any such structure be maintained thereon.
(b) It shall be unlawful and constitute a misdemeanor to drive any vehicle upon any public bridge, causeway or viaduct at a speed which is greater than the maximum speed which can with safety to such structure be maintained thereon, when such structure is signposted as provided in this section, and any person violating the provisions of this section upon conviction shall be punished by a fine of not more than $100.00 or by imprisonment in the county or municipal jail for not more than 10 days; for a second such conviction within one year thereafter such person shall be punished by a fine of not more than $200.00 or by imprisonment in the county or municipal jail for not more than 20 days or by both such fine and imprisonment; upon a third or subsequent conviction within one year after the first conviction such person shall be punished by fine of not more than $500.00 or by imprisonment at hard labor in the county or municipal jail for not more than six months or by both such fine and imprisonment.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §7.)
No driver of a motor vehicle upon any highway of the state shall drive such vehicle at a speed in excess of 15 miles per hour between the warning signs placed on the highway during construction or repairs, when signs are placed not more than 1,000 feet from the place where workmen are actually engaged in construction or repair.
(Acts 1949, No. 516, p. 740, §46.)
When any person is convicted by any judge for violation of the provisions of Section 32-5-90, the judge trying the case shall note on the back of such person’s driver’s license in the place indicated, the date of such conviction, the amount of fine or other disposition of the case.
(Acts 1953, No. 22, p. 25, §4.)
(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp and audible signal as is required by law, the driver of every other vehicle shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) It shall be unlawful for the driver of any vehicle, except when traveling on official business relative to the emergency, to follow an authorized emergency vehicle answering an emergency call closer than 500 feet.
(c) Violations of this section shall be punished as provided in Section 32-5-312.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §20; Acts 1949, No. 517, p. 754; Acts 1966, Ex. Sess., No. 432, p. 578.)
No person shall park, cause to be parked, or knowingly permit an automobile or other motor vehicle which he or she owns to be parked, on any street in any municipality in this state in violation of an ordinance of such municipality. The presence of an unattended automobile or other motor vehicle parked on the streets of any municipality in violation of an ordinance of such municipality shall raise a prima facie presumption that the registered owner of the automobile or other motor vehicle committed or authorized the parking violation, and the burden of proof shall be upon the registered owner to show otherwise.
(Acts 1953, No. 844, p. 1135.)
(a) The owner of any motor vehicle leased to another shall not be liable for a state, county, or municipal traffic or parking violation occurring while the leased vehicle was not in the owner’s possession or control, if upon notice of the violation, the owner notifies the clerk of the court in which the case is pending of the name and address of the lessee of the vehicle on the date the violation occurred. The notice shall be notarized on a form prescribed by the Director of the Administrative Office of Courts. If the owner fails to submit the notice, the court in which the case is heard may take such action as the interests of justice require, including finding the owner of the motor vehicle liable for the violation.
(b) After providing the name and address of the lessee, the owner shall not be required to attend a hearing on the offense, unless notified that the offense occurred through a mechanical failure of the vehicle which resulted from the owner’s failure to maintain the vehicle.
(c) The owner of any leased vehicle shall be liable for any violation which was caused by the owner’s failure to properly maintain the vehicle. The lessee claiming the violation resulted from the owner’s failure to properly maintain the vehicle shall notify the clerk of the court in which the case is pending along with the owner of the vehicle of the claim within seven days after receiving notice of the violation or at least 10 days prior to the date the case will be heard by the court, whichever is later.
(Acts 1981, No. 81-660, p. 1076.)
(a) A law enforcement officer as defined in Section 36-21-40, may arrest, at the scene of a traffic accident, any driver of a vehicle involved in the accident if upon personal investigation, including information from eyewitnesses, the officer has reasonable grounds to believe that the person by violating Section 32-5A-191 contributed to the accident. He or she may arrest such a person without a warrant although he or she did not personally see the violation.
(b) A law enforcement officer, as defined in Section 36-21-40, subsequent to a traffic accident, may issue a traffic citation to a driver of a vehicle involved in the accident when, based on personal investigation, the officer has prima facie evidence demonstrating grounds to believe that the person has committed any offense under Chapter 5, 5A, 6, 7, or 7A of Title 32.
(Acts 1971, No. 1942, p. 3137; Acts 1983, 2nd Ex. Sess., No. 83-201, p. 379; Act 2016-292, §1.)
This division may be cited as the Alabama Chemical Test for Intoxication Act.
(Acts 1969, No. 699, p. 1255, §4.)
Whenever and wherever the words “driving privilege” or “privilege” appear in this division, they shall mean both the driver license of those licensed in Alabama, and the driving privilege of unlicensed residents and the privilege of nonresidents, licensed or not; the purpose of this section being to make unlicensed and nonresident drivers subject to the same penalties as licensed residents.
(Acts 1969, No. 699, p. 1255, §3.)
(a)(1) Any person who operates a motor vehicle on the public highways of this state shall be deemed to have given consent, subject to this division, to a chemical test or tests of his or her blood, breath, or oral fluid for the purpose of determining the content of any impairing substance or substances within a person’s system, if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state in violation of Section 32-5A-191.
(2) The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was in violation of Section 32-5A-191, while driving a motor vehicle on the public highways of this state.
(3) The law enforcement agency that employs the officer shall designate which test or tests shall be administered. The person shall be told that his or her failure to submit to a chemical test or tests will result in the suspension of his or her privilege to operate a motor vehicle for a minimum of 90 days. If the person objects to a blood test, the law enforcement agency shall designate that one of the other tests be administered.
(b) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (a) and the test or tests may be administered, subject to this division.
(c)(1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test or tests designated by the law enforcement agency as provided in subsection (a), none shall be given, unless a court order has been obtained ordering the person to submit to a chemical test or tests.
(2) The Secretary of the Alabama State Law Enforcement Agency, upon the receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state in violation of Section 32-5A-191 and that the person refused to submit to the test upon the request of the law enforcement officer, shall suspend his or her driving privilege as defined in Section 32-5-191 as provided in Section 32-5A-304.
(3) If the person is acquitted of violating Section 32-5A-191, the secretary, in his or her discretion, may reduce the period of suspension.
(d)(1) Upon suspending the driving privilege, the secretary or his or her duly authorized agent shall immediately notify the person in writing of the suspension and upon a request filed by the person, the secretary shall provide a hearing in the same manner as provided in Section 32-5A-307; except, that the scope of the hearing for the purposes of this section shall determine all of the following:
a. Whether a law enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle upon the public highways of this state in violation of Section 32-5A-191.
b. Whether the person was placed under arrest.
c. Whether he or she refused to submit to the test upon request of the officer.
(2) Whether the person was informed that the privilege to drive would be suspended or denied if he or she refused to submit to the test shall not be an issue.
(3) The secretary shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained.
(e) If the suspension or determination that there should be a denial of issuance is sustained by the secretary or his or her authorized agent upon the hearing, the person whose driving privilege has been suspended shall have the right to file a petition in the appropriate court to review the final order of suspension or denial by the secretary, or his or her duly authorized agent, in the same manner as provided in Section 32-5A-307.
(f) Upon a determination that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, the secretary shall provide, in writing, the action taken by this state to the motor vehicle administrator of the state of the person’s residence and to any state in which he or she has a license.
(Acts 1969, No. 699, p. 1255, §1; Acts 1983, No. 83-620, p. 959, §1; Act 2021-387, §1; Act 2021-498, §2.)
The State Board of Health shall not approve the permit required in this division for making tests for any law enforcement officer other than a member of the state highway patrol, a sheriff or his or her deputies or a city policeman.
(Acts 1969, No. 699, p. 1255, §5.)
(a) Any person who operates a motor vehicle on the public highways of this state who is involved in a crash that results in death or a serious physical injury to any person shall be deemed to have given consent to a chemical test or tests of his or her blood for the purpose of determining the alcoholic content of his or her blood or the presence of any other impairing substance. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person, while driving a motor vehicle on the public highways of this state, was under the influence of alcohol or any other impairing substance. The person shall be informed by the law enforcement officer who is investigating the crash that failure to submit to a test will result in the suspension of his or her privilege to operate a motor vehicle for a period of two years.
(b) For purposes of this section, the term “serious physical injury” means physical injury that creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.
(c) Any person who is dead, unconscious, or who is otherwise in a condition in which they are incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (a).
(d) If a person refuses to submit to a chemical test or tests, none shall be given, unless a court order has been obtained ordering the person to submit to a chemical test or tests. If the person is found not to have been at fault in causing the crash, the Secretary of the Alabama State Law Enforcement Agency may reduce the period of suspension.
(e) (1) Upon suspending the license or permit to drive or the privilege of driving a motor vehicle on the highways of this state that is given to a nonresident or any person, or upon determining that the issuance of a license or permit shall be denied to the person, the secretary, or his or her authorized agent, shall within three days of suspension notify the person in writing. Upon a request filed by the person within five days from the date of the notice of suspension or denial, the secretary shall schedule a hearing with notice of the hearing to be provided by certified mail to the person stating the date, time, place, and scope of the hearing. The scope of the hearing shall determine all of the following:
a. Whether a law enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle on the public highways of this state while under the influence of alcohol or any impairing substance.
b. Whether the person was at fault in causing the crash.
c. Whether the person refused to submit to the test upon request of a law enforcement officer.
(2) Whether the person was informed that his or her privilege to drive would be suspended or denied if he or she refused to submit to the test shall not be an issue.
(f) If the suspension or determination that there should be a denial or issuance is sustained by the secretary, or his or her authorized agent, the person whose license or permit to drive or a nonresident operating privilege has been suspended, or to whom a license or permit is denied, shall have the right to file a petition to review the final order, suspension, or denial within 30 days after the entry of the final order of suspension or denial by the secretary in the appropriate court to review the final order of suspension.
(g) Upon a determination that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, the secretary shall provide, in writing, the action taken to the motor vehicle administrator of the state of the person’s residence and to any state in which the person has a license.
(Act 97-939, p. 508, §1; Act 2021-498, §2.)
(a) Every motor carrier, motor vehicle, truck, semitrailer, and trailer shall be equipped with pneumatic tires of sufficient traction surface in accordance with the capacity of the motor carrier or motor vehicle, except as otherwise herein provided, the same to be prescribed by the Director of Public Safety.
(1) No person shall operate any vehicle of a type required to be licensed upon the highways of this state except for those tires on the dead axle of a vehicle with a dead axle when one or more of the tires in use on such vehicle is in unsafe operating condition or has a tread depth less than 2/32 inch or .15875 centimeters measured in any two adjacent tread grooves at three equally spaced intervals around the circumference of the tire; provided, that such measurements shall not be made at the locations of any tread wear indicator. A tire shall be considered unsafe if it has any part of the ply or cord exposed, any bump, bulge, or separation, any tread or sidewall cracks, cuts, or snags in excess of one inch in length and deep enough to expose the body cords, any tire marked “not for highway use,” or “for racing purposes only,” or “unsafe for highway use” or words of similar import and any tire which has been regrooved or recut below the original groove depth, excepting special tires which have extra undertread rubber for this purpose and are identified as such; provided, that the prohibitions of this section shall not apply to the tires upon the dead axle of a vehicle equipped with such a dead axle.
(2) No person, firm, corporation, or organization shall sell or offer for sale tires, or a vehicle equipped with tires, for use upon the highways of this state, which are in unsafe condition or which have a tread depth of less than 2/32 inch or .15875 centimeters measured as specified in subdivision (1) of this subsection.
(b) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber which project beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway and, except also, that it shall be permissible to use tire chains or metal studded or safety spike tires of reasonable proportions upon any vehicle when required for safety because of snow, rain, or other conditions tending to cause a vehicle to slide or skid.
(c) Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface of at least four inches and one inch thick above the edge of the flange of the entire periphery.
(d) The Department of Public Safety and local authorities in their respective jurisdictions may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §§34, 76; Acts 1966, Ex. Sess., No. 411, p. 557; Acts 1975, No. 931, p. 1861, §1.)
Whenever the load of any vehicle shall extend more than four feet beyond the rear of the bed or body of the vehicle, there shall be displayed at the end of the load in a position which shall be clearly visible at all times from the rear of the load a red or orange flag not less than 12 inches both in length and width. Between one-half hour after sunset and one-half hour before sunrise there shall be displayed at the end of any load a red light or amber strobe light plainly visible under normal atmospheric conditions at least 200 feet from the rear of the vehicle. Any person violating this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Section 32-5-311.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §77; Acts 1996, No. 96-473, p. 586, §1.)
Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, including two separate means of applying the brakes, each of which shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to two; except, that a motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order and shall conform to regulations not inconsistent with this section to be promulgated by the Director of Public Safety. Any person violating this section shall be guilty of a misdemeanor.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §35.)
(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting a sound audible under normal conditions for a distance of not less than 200 feet.
It shall be unlawful for any vehicle to be equipped with or for any person to use upon a vehicle any siren or for any person at any time to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.
(b) Every police and fire department and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a siren, bell, ululating multi-toned horns or other electronic siren type device approved by the Director of Public Safety.
(c) Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §36; Acts 1966, Ex. Sess., No. 432, p. 578.)
Every motor vehicle, operated singly or when towing any other vehicle, shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such motor vehicle.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §37; Acts 1959, No. 292, p. 860.)
(a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, sidewings, or side or rear windows of such vehicle which obstructs the driver’s clear view of the highway or any intersecting highway.
(b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
(d) No person shall operate a motor vehicle which has a windshield, sidewing, or rear window which has tinting to the extent or manufactured in such a way that occupants of the vehicle cannot be easily identified or recognized through the sidewing or rear windows from outside the motor vehicle.
(e) The provisions of this section shall not apply to the manufactured tinting of windshields of motor vehicles or to certificates of identification, decals, or other papers required by law to be displayed on such windshield or windows.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §38; Acts 1949, No. 517, p. 754, §8; Acts 1983, No. 83-572, p. 877.)
(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, a muffler without baffles, or similar device upon a motor vehicle on a highway.
(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §39; Acts 1949, No. 517, p. 754, §9.)
(a) No seat safety belt or anchor shall be sold or installed for use in connection with the operation of a motor vehicle on any highway in this state unless it meets the specifications prescribed by the Department of Public Safety.
(b) The department shall adopt regulations governing approved types of seat safety belts and anchors, but the department shall accept, as approved, all seat safety belts and anchors meeting the specifications of the Society of Automotive Engineers.
(c) Any person who knowingly sells or installs a seat safety belt in violation of the provisions of this section shall be fined not less than $25.00 and not more than $50.00.
(Acts 1967, No. 734, p. 1570.)
(a) On and after January 1, 1968, no person shall sell any new motor vehicle as specified herein, nor shall any new motor vehicle as specified herein be registered thereafter unless such vehicle is equipped with safety glazing material of a type approved by the director wherever glazing material is used in doors, windows, and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the drivers’ compartments of such vehicles. All replacements made of any glazing material in motor vehicles as described herein shall be made with safety glazing material as herein described.
(b) The term “safety glazing materials” means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(c) The director shall compile and publish a list of types of glazing material by name approved by him or her as meeting the requirements of this section and the Commissioner of Revenue shall not register after January 1, 1968, any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and the Commissioner of Revenue shall thereafter suspend the registration of any motor vehicle so subject to this section which is not so equipped until it is made to conform to the requirements of this section.
(Acts 1949, No. 516, p. 740, §34; Acts 1967, No. 735, p. 1571.)
No television viewer, screen, or other means of visually receiving a television broadcast shall be located in a motor vehicle at any point forward of the back of the driver’s seat or in any manner so that the driver of the vehicle can see it while in actual control of the vehicle.
(Acts 1949, No. 516, p. 740, §35.)
(a) No person shall operate any truck, passenger bus, or truck tractor upon any highway outside the corporate limits of municipalities at any time from a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicle the following equipment, except as provided in subsection (b) of this section:
(1) At least three flares or three red electric lanterns each of which shall be capable of being seen and distinguished at a distance of 500 feet under normal atmospheric conditions at nighttime. Each flare (liquid-burning pot torch) shall be capable of burning for not less than 12 hours in five miles per hour wind velocity and capable of burning in any air velocity from zero to 40 miles per hour. Every such flare shall be substantially constructed so as to withstand reasonable shocks without leaking. Every such flare shall be carried in the vehicle in a metal rack or box. Every such red electric lantern shall be capable of operating continuously for not less than 12 hours and shall be substantially constructed so as to withstand reasonable shock without breakage.
(2) At least three red-burning fusees unless red electric lanterns are carried. Every fusee shall be made in accordance with specifications of the Bureau of Explosives, New York, and so marked and shall be capable of burning at least 15 minutes.
(3) At least two red cloth flags, not less than 12 inches square, with standards to support same.
(b) No person shall operate at the time and under the conditions stated in subsection (a) of this section any motor vehicle used in the transportation of inflammable liquids in bulk, or transporting compressed inflammable gases unless there shall be carried in such vehicle three red electric lanterns meeting the requirements above stated and there shall not be carried in any vehicle any flares, fusees, or signal produced by a flame.
(c) As an alternative it shall be deemed a compliance with this section in the event a person operating any motor vehicle described in this section shall carry in such vehicle three portable reflector units on standards of a type approved by the department. No portable reflector unit shall be approved unless it is so designed and constructed as to include two reflectors one above the other each of which shall be capable of reflecting red light clearly visible from all distances within 500 feet to 50 feet under normal atmospheric conditions at nighttime when directly in front of lawful upper beams of head lamps.
(Acts 1949, No. 516, p. 740, §42.)
(a) Whenever any truck, passenger bus, truck tractor, trailer, semitrailer, or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside of any municipality at any time when lighted lamps are required on vehicles the driver of such vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway except as provided in subsection (b) of this section:
(1) A lighted fusee or other flare shall be immediately placed on the roadway at the traffic side of the motor vehicle unless electric lanterns are displayed.
(2) Within the burning period of the fusee or other flare and as promptly as possible three lighted flares (pot torches) or three electric lanterns shall be placed on the roadway as follows: One approximately 100 feet in advance of the vehicle; one at a distance of approximately 100 feet to the rear of the vehicle, each in the center of the lane of traffic occupied by the disabled vehicle; and one at the traffic side of the vehicle approximately 10 feet rearward or forward thereof.
(b) Whenever any vehicle used in the transportation of inflammable liquid in bulk or transporting compressed inflammable gases is disabled upon a highway at any time or place mentioned in subsection (a) of this section, the driver of such vehicle shall display upon the roadway one red electric lantern to be immediately placed on the roadway at the traffic side of the vehicle and two other red electric lanterns to be placed to the front and rear of the vehicle in the same manner prescribed in subsection (a) above for flares. When a vehicle of a type specified in this subsection is disabled, the use of flares, fusees, or any signal produced by flame as warning signals is prohibited.
(c) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof, outside of any municipality at any time when the display of fusees, flares, or electric lanterns is not required, the driver of such vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately 100 feet in advance of the vehicle, and one at a distance of approximately 100 feet to the rear of the vehicle.
(d) In the alternative, it shall be deemed a compliance with this section in the event three portable reflector units on standards of a type approved by the department are displayed at the times and under the conditions specified in this section either during the daytime or at nighttime and such portable reflector units shall be placed on the roadway in the locations prescribed above for the placing of electric lanterns and lighted flares.
(e) The flares, fusees, lanterns, and flags to be displayed as required in this section shall conform to the requirements of Section 32-5-220.
(Acts 1949, No. 516, p. 740, §43.)
(a) Every person transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of the child by properly using an aftermarket or integrated child passenger restraint system meeting applicable federal motor vehicle safety standards and the requirements of subsection (b). This section shall not be interpreted to release in part or in whole the responsibility of an automobile manufacturer to insure the safety of children to a level at least equivalent to existing federal safety standards for adults. In no event shall failure to wear a child passenger restraint system be considered as contributory negligence. The term “motor vehicle” as used in this section shall include a passenger car, pickup truck, van (seating capacity of 10 or less), minivan, or sports utility vehicle.
(b) The size appropriate restraint system required for a child in subsection (a) must meet the requirements of Section 32-5B-4 and shall include all of the following:
(1) Infant only seats and convertible seats used in the rear facing position for infants until at least one year of age or 20 pounds.
(2) Convertible seats in the forward position or forward facing seats until the child is at least five years of age or 40 pounds.
(3) Booster seats until the child is six years of age.
(4) Seat belts until 15 years of age.
(c) No provision of this section shall be construed as creating any duty, standard of care, right, or liability between parent and child that is not recognized under the laws of the State of Alabama as they presently exist, or may, at any time in the future, be constituted by statute or decision.
(d) Any person violating the provisions of this section may be fined twenty-five dollars ($25) for each offense. The charges may be dismissed by the trial judge hearing the case and no court costs shall be assessed upon proof of acquisition of an appropriate child passenger restraint.
(e) Fifteen dollars ($15) of a fine imposed under subsection (d) shall be used to distribute vouchers for size appropriate child passenger restraint systems to families of limited income in the state. The fifteen dollars ($15) shall be deposited in the State Treasury to be distributed by the state Comptroller to the Department of Public Health, which shall administer the program free of charge.
(f) The provisions of this section notwithstanding, nothing contained herein shall be deemed a violation of any law which would otherwise nullify or change in any way the provisions or coverage of any insurance contract.
(g) For the purpose of identifying habitually negligent drivers and habitual or frequent violators, the Department of Public Safety shall assess the following points:
(1) Violation of child safety restraint requirements, first offense ......................1 point.
(2) Violation of child safety restraint requirements, second or subsequent offense .............2 points.
(h) Every person transporting a child shall be responsible for assuring that each child is properly restrained pursuant to this section. The provisions shall not apply to taxis and all motor vehicles with a seating capacity of 11 or more passengers.
(i) Each state, county, and municipal police department shall maintain statistical information on traffic stops of minorities pursuant to this section, and shall report that information monthly to the Department of Public Safety and the Office of the Attorney General.
(Acts 1982, No. 82-421, p. 663; Acts 1989, No. 89-781, p. 1562, §1; Act 2006-623, p. 1704, §1; Act 2014-300, p. 1092, §1.)
(a) When lighted headlamps required.
(1) Every vehicle upon a highway within this state, except a parked vehicle, which shall be subject to Section 32-5-244, shall display lighted lamps and illuminating devices required by this section for different classes of vehicles at the following times:
a. From a half hour after sunset to a half hour before sunrise.
b. At any time when the windshield wipers of the vehicle are in use because of rain, sleet, or snow, except when the use is intermittent because of misting rain, sleet, or snow.
c. At any time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet.
(2) Notwithstanding subdivision (1), whenever motor vehicles or other vehicles are operated in combination during a time that lamps and illuminating devices are required to be lighted, any lamp, other than a tail lamp, that, by reason of its location on a vehicle in the combination would be obscured by another vehicle of the combination, need not be lighted. This subdivision shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps or that all lamps required on the rear of the rearmost vehicle of any combination shall be lighted.
(b) Head lamps on motor vehicles.
(1) Every motor vehicle, other than a motorcycle or motor-driven cycle, shall be equipped with at least two but not more than four head lamps, with at least one but not more than two on each side of the front of the motor vehicle. The head lamps shall comply with the requirements and limitations of Section 32-5-242.
(2) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of Section 32-5-242.
(3) Every head lamp upon every new motor vehicle sold after January 1, 1950, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than 54 inches nor less than 24 inches to be measured as set forth in Section 32-5-242.
(c) Tail lamps.
(1) Every motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear which, when lighted as required, emits a red light plainly visible from a distance of 500 feet to the rear. When vehicles are drawn in a train, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
(2) Every tail lamp upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches to be measured as set forth in Section 32-5-242.
(3) Every motor vehicle shall have a tail lamp or a separate lamp so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
(d) Additional equipment required on certain vehicles. In addition to other equipment required in this article, the following vehicles shall be equipped in the following manner:
(1) On every bus or truck, whatever its size, the following shall be on the rear: Two red reflectors, one at each side, and one stop light.
(2) On every bus or truck 80 inches or more in overall width, in addition to the requirements in subdivision (1):
a. On the front, two clearance lamps, one at each side.
b. On the rear, two clearance lamps, one on each side.
c. On each side, two side marker lamps, one at or near the front and one at or near the rear.
d. On each side, two reflectors, one at or near the front and one at or near the rear.
(3) On every truck tractor:
a. On the front, two clearance lamps, one at each side.
b. On the rear, one stop light.
(4) On every trailer or semitrailer having a gross weight in excess of 3,000 pounds:
a. On the front, two clearance lamps, one at each side.
b. On each side, two side marker lamps, one at or near the front and one at or near the rear.
c. On each side, two reflectors, one at or near the front and one at or near the rear.
d. On the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stop light.
(5) On every pole trailer having a gross weight in excess of 3,000 pounds gross weight:
a. On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side, and rear.
b. On the rear of the pole trailer or load, two reflectors, one at each side.
(6) On every trailer, semitrailer, or pole trailer having a gross weight of 3,000 pounds or less: On the rear, two reflectors, one on each side. If the load or dimensions of any trailer or semitrailer obscures the stop light on the towing vehicle, the towed vehicle shall also be equipped with one stop light.
(e) Lamps on other vehicles and equipment. All vehicles, including animal-drawn vehicles and those for which special permits have been issued under authority of Section 32-9-29, not otherwise specifically required to be equipped with lamps, shall at the times specified in subsection (a) of this section be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear.
(f) Stop lamps required on new motor vehicles. It is unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this state or for any person to drive the vehicle on the highways unless it is equipped with a stop lamp meeting the requirements of Section 32-5-242.
(g) New motor vehicles to be equipped with reflectors.
(1) No new motor vehicle first sold on or after January 1, 1950, other than a truck tractor, motorcycle, or motor-driven cycle shall be operated on a highway unless the vehicle carries on the rear, either as a part of the tail lamps or separately, two red reflectors. Every motorcycle and every motor-driven cycle shall carry at least one reflector, meeting the requirements of this section. Vehicles specifically provided for in subsection (d) of this section shall be equipped with reflectors as required by that subsection.
(2) These reflectors shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in subsection (a) of Section 32-5-242, shall be of such size and characteristics, and shall be so mounted as to be visible at night from 300 feet.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §40; Acts 1949, No. 517, p. 754, §10; Acts 1957, No. 414, p. 577; Acts 1993, No. 93-720, p. 1407, §1.)
(a) Spot lamps and auxiliary lamps.
(1) SPOT LAMPS. Any motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle.
(2) FOG LAMPS. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes.
(3) AUXILIARY PASSING LAMPS. Any motor vehicle may be equipped with not to exceed one auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands and every such auxiliary passing lamp shall meet the requirements and limitations set forth in this chapter.
(4) AUXILIARY DRIVING LAMPS. Any motor vehicle may be equipped with not to exceed one auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands and every auxiliary driving lamp shall meet the requirements and limitations set forth in this chapter.
(b) Signal lamps and signal devices.
(1) Any motor vehicle may be equipped and when required under this division shall be equipped with the following signal lamps or devices:
a. A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a tail lamp.
b. A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or the left and which shall be visible both from the front and rear.
(2) A stop lamp shall be plainly visible and understandable from a distance of 100 feet to the rear both during normal sunlight and at nighttime and a signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 100 feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.
(3) All mechanical signal devices shall be self-illuminated when in use at the time mentioned in subsection (a) of Section 32-5-240.
(c) Additional lighting equipment.
(1) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.
(2) Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.
(3) Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps, but any such back-up lamp shall not be lighted when the motor vehicle is in forward motion.
(d) Special restriction on lamps.
(1) Any lighted lamp or illuminated device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, or flashing front direction signals which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.
(2) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. This section shall not apply to authorized emergency vehicles.
(3) Any vehicle may be equipped with flashing lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing, and when so equipped may display such warning in addition to any other warning signals required by this section. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber.
The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than 1,500 feet under normal atmospheric conditions at night.
(4) Flashing lights may be used on motor vehicles as a means of indicating a right or left turn; a stop lamp may pulsate with different intensities provided that it meets at all intensities the provisions of subdivision (2) of subsection (b) of this section; and the warning lights on emergency vehicles may flash.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §41; Acts 1949, No. 517, p. 754, §11; Acts 1961, Ex. Sess., No. 136, p. 2062, §3; Acts 1965, No. 815, p. 1522.)
(a) Visibility distance and mounted height of lamps.
(1) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, the provisions shall apply during the times stated in Section 32-5-240 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
(2) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
(b) Multiple-beam road-lighting equipment. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.
(2) There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(3) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered hereafter in this state, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
(c) Use of multiple-beam road-lighting equipment. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in subsection (a) of Section 32-5-240 the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam, specified in subdivision (2) of subsection (b) of this section shall be deemed to avoid glare at all times, regardless of road contour and loading.
(2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this division other than the uppermost distribution of light specified in subdivision (1) of subsection (b) of this section.
(d) Single-beam road-lighting equipment. Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold one year hereafter in lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:
(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall, at a distance of 25 feet ahead, project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead.
(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet.
(e) Lighting equipment on motor-driven cycles. The head lamp or head lamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:
(1) Every head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet when the motor-driven cycle is operated at any speed less than 25 miles per hour; at a distance of not less than 200 feet when the motor-driven cycle is operated at a speed of 25 or more miles per hour but less than 35 miles per hour; and at a distance of 300 feet when the motor-driven cycle is operated at a speed of 35 miles or more per hour.
(2) In the event the motor-driven cycle is equipped with a multiple-beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in subdivision (2) of subsection (b) of this section.
(3) In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, the lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of 25 feet ahead, shall project higher than the level of the center of the lamp from which it comes.
(f) Alternate road-lighting equipment. Any motor vehicle may be operated under the conditions specified in subsection (a) of Section 32-5-240 when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects 75 feet ahead in lieu of lamps required in subsection (b) or subsection (d) of this section; provided, that at no time shall it be operated at a speed in excess of 20 miles per hour.
(g) Color of clearance lamps, side marker lamps, and reflectors.
(1) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.
(2) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.
(3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate or the light emitted by a back-up lamp shall be white.
(h) Mounting reflectors, clearance lamps, and side marker lamps.
(1) Reflectors, when required by subsection (d) of Section 32-5-240 shall be mounted at a height not less than 24 inches and not higher than 60 inches above the ground on which the vehicle stands; except, that if the highest part of the permanent structure of the vehicle is less than 24 inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.
The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.
Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.
(2) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.
(i) Visibility of reflectors, clearance lamps, and marker lamps.
(1) Every reflector upon any vehicle referred to in subsection (d) of Section 32-5-240 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 500 feet to 50 feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.
(2) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the front and rear, respectively, of the vehicle.
(3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of 500 feet from the side of the vehicle on which mounted.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §42; Acts 1949, No. 517, p. 754, §12; Acts 1955, No. 273, p. 621, §1.)
Any vehicle in active service transporting United States mail may display two simultaneously flashing lights to be used for the purpose of warning other vehicle operators of its presence and to exercise caution in approaching, overtaking, or in passing. Such lights may be flashed continuously or actuated by application of the service brake (foot) while the vehicle is either in motion or parked. Such lamps shall have the following specifications and shall meet the following requirements:
(1) Lamps shall be not less than four inches in diameter and shall be powered by a bulb of not less than 21 candlepower with a reflectorization sufficient to assure visibility for at least 500 feet in front and to the rear of the vehicle under normal atmospheric conditions.
(2) Lamps shall be of double face or two way type.
(3) Lamps shall have amber lens to the front and red lens to the rear.
(4) Lamps shall be mounted on the highest part of the top of the vehicle in such a position that illumination from the lights is visible both to the front and rear for the required distance. Lamps shall be spaced laterally as far apart as body construction will permit but not closer than 30 inches. Between the lamps there shall be mounted a 22-inch by seven-inch sign with the wording “U.S. MAIL” in minimum of four-inch letters and of not less than three quarters of an inch in width of strobe, in black on a white background.
(5) This sign and lamps shall be so installed that the sign can be easily lowered and the lamps turned off when the vehicle is not actually engaged in the United States mail service.
(6) Any vehicle in active service transporting United States mail may, as an option to the foregoing, display a flashing red light not less than four inches in diameter with the letters “STOP” printed thereon and a uniform sign not less than 14 inches in diameter approved by the Department of Public Safety with the words printed thereon “U.S. MAIL, WATCH FOR STOPS,” which sign and light is to be attached to the rear of such vehicle.
(7) In addition to the above lighting equipment the Department of Public Safety is hereby granted the authority to prescribe rules and regulations for the use of amber colored strobe lights or any other lighting device on mail delivery vehicles. In prescribing the rules and regulations the Department of Public Safety shall seek the advice of the U.S. Postal Service.
(Acts 1961, Ex. Sess., No. 136, p. 2062, §1; Acts 1989, No. 89-865, p. 1732, §1.)
(a) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise where there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need to be displayed upon such parked vehicle.
(b) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of 500 feet to the front of such vehicle and a red light visible from a distance of 500 feet to the rear. The foregoing provisions shall not apply to a motor-driven cycle.
(c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §46; Acts 1949, No. 517, p. 754, §13; Acts 1959, No. 354, p. 944.)
It shall be unlawful for any person to operate a horse-drawn wagon, buggy, carriage, or other vehicle upon any public highway, road, or street between sunset and sunrise unless there is affixed to the rear of such vehicle at least two red reflectors or similar warning devices, one on each corner, and to the front of such vehicle one amber reflector or similar warning device on the left-hand front of said vehicle. Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished as prescribed by law.
All laws or parts of laws which conflict with this section are repealed, but this section does not repeal the provisions of subsection (e) of Section 32-5-240.
(Acts 1951, No. 131, p. 357.)
When operated, propelled, driven, towed, pushed, or otherwise moving over, along, or across any highway in this state, every vehicle which has a maximum potential speed of 25 miles an hour, implement of husbandry, farm tractor, or special mobile equipment shall be identified with a reflective device as follows:
(1) An equilateral triangle in shape at least 16 inches wide at the base and at least 14 inches in height, with a bright red border, at least one and three-quarter inches wide of highly reflective beaded material;
(2) A center triangle, at least 12 1/4 inches on each side of yellow-orange fluorescent material.
(Acts 1971, No. 1186, p. 2048, §1.)
The device shall be mounted on the rear of the vehicle, implement, or mobile equipment broad base down, not less than three feet nor more than five feet above the ground, measuring to the lowest portion of the device and as near the center of the vehicle, implement, or mobile equipment as practicable.
(Acts 1971, No. 1186, p. 2048, §2.)
The use of such device is restricted to use on slow-moving vehicles specified in Sections 32-5-246 through 32-5-251 and the use of such reflective device on any other type vehicle or stationary object is prohibited.
(Acts 1971, No. 1186, p. 2048, §3.)
The provisions of Sections 32-5-246 through 32-5-251 shall not apply to bicycles or to ridden animals.
(Acts 1971, No. 1186, p. 2048, §4.)
Nothing in Sections 32-5-246 through 32-5-251 shall repeal or amend any other provision of the laws of Alabama governing lights or reflectors required to be mounted on vehicles.
(Acts 1971, No. 1186, p. 2048, §5.)
Any person violating any provisions of Sections 32-5-246 through 32-5-251 shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than $5.00 nor more than $100.00 or by imprisonment in the county jail for not more than 30 days or by both such fine and imprisonment.
(Acts 1971, No. 1186, p. 2048, §6.)
(a) No person shall have for sale, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any such vehicle any head lamp, auxiliary or fog lamp, rear lamp, signal lamp or reflector, which reflector is required hereunder, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been submitted to the director and approved by him or her. The foregoing provisions of this section shall not apply to equipment in actual use when this section is adopted or replacement parts therefor.
(b) No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer any lamp or device mentioned in this section which has been approved by the director unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed.
(c) No person shall use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless the lamps are mounted, adjusted, and aimed in accordance with instructions of the director.
(d) The director is hereby authorized to approve or disapprove lighting devices and to issue and enforce regulations establishing standards and specifications for the approval of such lighting devices, their installation, adjustment, and aiming and adjustment when in use on motor vehicles. Such regulations shall correlate with and, so far as practicable, conform to the then current standards and specifications of the Society of Automotive Engineers applicable to such equipment.
(e) The director is hereby required to approve or disapprove any lighting device, of a type on which approval is specifically required in this chapter, within a reasonable time after such device has been submitted.
(f) The director is further authorized to set up the procedure which shall be followed when any device is submitted for approval.
(g) The director, upon approving any such lamp or device, shall issue to the applicant a certificate of approval together with any instructions determined by him or her.
(h) The director shall publish lists of all lamps and devices by name and type which have been approved by him or her.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §44; Acts 1955, No. 273, p. 621, §2.)
When the director has reason to believe that an approved lighting device being sold commercially does not comply with the requirements of this division, he or she may, after giving 30 days’ previous notice to the person holding the certificate of approval for such device in this state, conduct a hearing upon the question of compliance of the approved device. After such hearing, the director shall determine whether the approved lighting device meets the requirements of this division. If the device does not meet the requirements of this division he or she shall give notice to the person holding the certificate of approval for such device in this state.
If at the expiration of 90 days after such notice the person holding the certificate of approval for such device has failed to satisfy the director that the approved device as thereafter to be sold meets the requirements of this division, the director shall suspend or revoke the approval issued therefor until or unless such device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this division, and may require that all such devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this division. The director may at the time of the retest purchase in the open market and submit to the testing agency one or more sets of such approved devices, and if such device upon such retest fails to meet the requirements of this division, the director may refuse to renew the certificate of approval of such device.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §45; Acts 1955, No. 273, p. 621, §3.)
Any peace officer, including state troopers, sheriffs and their deputies, constables and their deputies, police officers and marshals of cities or incorporated towns, county police or patrols, state or county license inspectors and their deputies, and special officers appointed by any agency of the State of Alabama for the enforcement of its laws relating to motor vehicles, now existing or hereafter enacted, shall be authorized, and it is hereby made the duty of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, without warrant if the offense be committed in his or her presence, and with warrant if he or she does not observe the commission of the offense. If the arrest be made without warrant, the accused may elect to be immediately taken before the nearest court having jurisdiction, whereupon it shall be the duty of the officer to so take him or her. If the accused elects not to be so taken, then it shall be the duty of the officer to require of the accused a bail bond in a sum not to exceed $300.00, conditioned that the accused binds himself or herself to appear in the nearest court having jurisdiction at the time fixed in the bond. In case the arrested person fails to appear on the day fixed, the bond shall be forfeited in the manner as is provided for the forfeiture of bonds in other cases. No officer shall be permitted to take a cash bond. The officer making the arrest and taking the bond shall report the same to the court having jurisdiction within 18 hours after taking such bond.
(Acts 1949, No. 516, p. 740, §49.)
Any person who violates Sections 32-5-55 through 32-5-59, 32-5-62, 32-5-63, 32-5-112 through 32-5-114, 32-5-130 through 32-5-133 and 32-5-150 through 32-5-153, or any part or parts thereof shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county or municipal jail for not more than 10 days or by a fine of not more than $100.00; for a second such conviction within one year thereafter such person shall be punished by a fine of not less than $100.00 nor more than $200.00 or by imprisonment in the county or municipal jail for not more than 20 days or by both such fine and imprisonment; upon a third or subsequent conviction within one year after the first conviction such person shall be punished by a fine of not less than $250.00 nor more than $500.00 or by imprisonment in the county or municipal jail for not more than six months or by both such fine and imprisonment. The court shall revoke the driver’s license of such person upon the third conviction.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §30.)
All moneys collected pursuant to Section 12-14-14 and Section 12-19-1, et seq., for disbursement to the State Drivers’ Fund shall be forwarded by the officer of the court who collects the same to the State Treasurer, no less than once a month and not later than the 15th day of each month. All amounts so received shall be credited to special funds to be designated the “Driver Education and Training Fund,” “Alabama College System Truck Driver Training Consortium Fund,” the “Catastrophic Trust Fund for Special Education,” and the “Alabama Traffic Safety Center Fund,” and of the amounts so received, an amount equal to 21 percent thereof is hereby appropriated to the State Department of Education for the sole purpose of instituting and conducting a program of prelicensing driver education and training; an amount equal to 36 percent thereof is hereby appropriated to the state Department of Postsecondary Education to be distributed equally to the entities comprising the Alabama College System Truck Driver Training Consortium on July 29, 1991, for the sole purpose of instituting and conducting programs of truck driver education and training as outlined by the U.S. Department of Transportation with support and recommendations from the transportation industry within such Alabama College System Truck Driver Training Consortium; provided, however, that these funds shall be expended only by institutions under the control of the State Board of Education; an amount equal to 10 percent thereof is hereby appropriated to the Alabama Traffic Safety Center Fund for the sole purpose of conducting programs in traffic safety, motorcycle safety, and boating safety by the center; an amount equal to 3 percent is hereby appropriated to the State Safety Coordinating Committee for payment of administrative expenses incurred in its programs; and the remaining 30 percent is hereby appropriated to the Catastrophic Trust Fund for Special Education to be administered by the State Department of Education except that before the above distribution occurs, the amount equivalent to an amount generated by one dollar fifty cents ($1.50) of the above increase shall be transferred to the Highway Traffic Safety Fund for the Department of Public Safety and is hereby appropriated to the Department of Public Safety for law enforcement purposes.
(Acts 1964, 1st Ex. Sess., No. 244, p. 335; Acts 1983, No. 83-724, p. 1179; Acts 1987, No. 87-638, p. 1142; Acts 1988, No. 88-658, p. 1055; Acts 1991, No. 91-433, p. 769, §1; Acts 1991, 1st Ex. Sess., No. 91-824, p. 224, §5; Act 2000-800, p. 1901, §1.)
Whenever a defendant is convicted by any court of competent jurisdiction of operating a motor vehicle in violation of any criminal statute or ordinance, the court trying the case, in its discretion, may, in addition to the other punishment fixed by law, enter an order forbidding such person to drive a motor vehicle upon any street or highway in the State of Alabama for a period to be specified by the court, or perpetually, as the court may determine. Any person driving a motor vehicle in violation of such an order of court shall be guilty of a misdemeanor. Any defendant against whom such an order has been entered shall have the same right of appeal and supersedeas as is now granted him or her with reference to the sentence of the court imposing punishment fixed by law, and the appellate court shall have the right to modify or annul the order forbidding the operation by the defendant of motor vehicles, as in the opinion of the appellate court the facts may justify or require.
(Code 1923, §3340; Acts 1927, No. 347, p. 348; Code 1940, T. 36, §54.)
This chapter may be cited as the Alabama Rules of the Road Act.
(Acts 1980, No. 80-434, p. 604, §15-103.)
The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
(1) Where a different place is specifically referred to in a given section.
(2) The provisions of Sections 32-7-37, 32-7-5, 32-7-12, 32-10-1 through 32-10-12, as they now exist or may hereafter be amended, and any other statutes of this state relating to accidents and accident reports, and also Sections 32-5A-190 through 32-5A-195 shall apply upon highways and elsewhere throughout the state.
(Acts 1980, No. 80-434, p. 604, §1-101.)
(a) For purposes of this chapter only, “pedestrian” means any individual afoot, except as provided in subsection (b).
(b) For purposes of this chapter, “pedestrian” does not include a first responder performing a public safety function that the first responder is authorized to perform and that is in the line and scope of his or her employment or volunteer service, including, but not limited to, any of the following:
(1) Directing, controlling, or regulating the flow of traffic.
(2) Responding to a fire, a collision site, an emergency call, or a fire alarm.
(3) Rendering first aid or emergency medical care.
(4) Responding to an imminent threat of bodily injury to self or others.
(5) Pursuing or apprehending an actual or suspected violator of the law.
(6) Moving a vehicle located on a street or highway.
(7) Entering or remaining on a street or highway for any other law enforcement purpose.
(Act 2024-332, §1; Act 2024-388, §1.)
It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.
(Acts 1980, No. 80-434, p. 604, §1-102.)
No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control or regulate traffic.
(Acts 1980, No. 80-434, p. 604, §1-103.)
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter, which by their very nature can have no application.
(Acts 1980, No. 80-434, p. 604, §1-104.)
Unless specifically made applicable, the provisions of this chapter except Sections 32-5A-190, 32-5A-191 and 32-5A-194 shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
(Acts 1980, No. 80-434, p. 604, §1-105.)
(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of Section 32-5-213 and visual requirements of any laws of this state requiring visual signals on emergency vehicles.
(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(Acts 1980, No. 80-434, p. 604, §1-106.)
(a) It is a misdemeanor for any person to violate any of the provisions of this chapter or of Title 32, unless such violation is by this chapter or other law of this state declared to be a felony.
(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided, shall for a first conviction thereof be punished by a fine of not more than $100.00 or by imprisonment for not more than 10 days; for conviction of a second offense committed within one year after the date of the first offense, such person shall be punished by a fine of not more than $200.00 or by imprisonment for not more than 30 days or by both such fine and imprisonment; for conviction of a third or subsequent offense committed within one year after the date of the first offense, such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than three months or by both such fine and imprisonment.
(Acts 1980, No. 80-434, p. 604, §14-101.)
Any person who is convicted of a violation of any of the provisions of this chapter herein or by the laws of this state declared to constitute a felony shall be punished by imprisonment for not less than one year nor more than 10 years, or by a fine of not more than $5,000.00, or by both such fine and imprisonment.
(Acts 1980, No. 80-434, p. 604, §14-102.)
(a) All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this chapter constituting a misdemeanor shall be, within 30 days after such fine or forfeiture is collected, distributed as provided in Chapter 19, Title 12.
(b) Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture to comply with the foregoing provisions of this section shall constitute misconduct in office and shall be grounds for removal therefrom.
(Acts 1980, No. 80-434, p. 604, §14-103.)
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of various jurisdictions.
(Acts 1980, No. 80-434, p. 604, §15-101.)
This chapter shall not have a retroactive effect and shall not apply to any traffic accident, to any cause of action arising out of a traffic accident or judgment arising therefrom, or to any violation of the motor vehicle laws of this state, occurring prior to August 17, 1980.
(Acts 1980, No. 80-434, p. 604, §15-104.)
[Repealed]
The provisions of this chapter are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith.
Without limitation of the generality of the preceding sentence of this section, this chapter shall not repeal or supersede Sections 32-5-8, 32-5-9, 32-5-11 through 32-5-14, 32-5-16, 32-5-31, 32-5-51, 32-5-54, 32-5-64, 32-5-65, 32-5-72, 32-5-74 through 32-5-76, 32-5-93, 32-5-97, 32-5-113, 32-5-152, 32-5-171, 32-5-190 through 32-5-192, 32-5-194, 32-5-210 through 32-5-253, 32-5-310, 32-5-312, 32-5-313, and 32-5-316, but nothing contained in this sentence shall be construed as implying that any law not specifically listed herein is or is not repealed or superseded by this chapter.
(Acts 1980, No. 80-434, p. 604, §15-107.)
(a) The Department of Transportation is authorized to classify, designate, and mark both interstate and intrastate highways lying within the boundaries of this state.
(b) The Department of Transportation shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this chapter and other state laws for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system set forth in the most recent edition of the Manual on Uniform Traffic-Control Devices for Streets and Highways and other standards issued or endorsed by the federal highway administrator.
(c) No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the Department of Transportation except by the latter’s permission.
(Acts 1980, No. 80-434, p. 604, §2-100.)
(a) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with law, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(b) No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter or other law, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to the provisions of this chapter or other law and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter or other such law, unless the contrary shall be established by competent evidence.
(Acts 1980, No. 80-434, p. 604, §2-101.)
Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red, and yellow shall be used, except for special pedestrian signals carrying a word or symbol legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(1) Green indication:
a. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
b. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
c. Unless otherwise directed by a pedestrian-control signal, as provided in Section 32-5A-33, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication:
a. Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.
b. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 32-5A-33, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(3) Steady red indication:
a. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subdivision (3)b.
b. Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping as required by subdivision (3)a. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
c. Unless otherwise directed by a pedestrian-control signal as provided in Section 32-5A-33, pedestrians facing a steady circular red signal alone shall not enter the roadway.
(4) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such signal or marking the stop shall be made at the signal.
(Acts 1980, No. 80-434, p. 604, §2-102.)
Whenever special pedestrian-control signals exhibiting the words or symbols “walk” or “don’t walk” are in place such signals shall indicate as follows:
(1) “WALK”. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
(2) “DON’T WALK”. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the “don’t walk” signal is showing.
(3) “DON’T WALK” (flashing). No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the “don’t walk” signal is flashing.
(Acts 1980, No. 80-434, p. 604, §2-103.)
(a) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(1) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(b) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Section 32-5A-150.
(Acts 1980, No. 80-434, p. 604, §2-104.)
When lane-direction-control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.
(Acts 1980, No. 80-434, p. 604, §2-105.)
(a) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal.
(b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
(c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(d) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
(e) No person shall use on any designated federal-aid or state system street or highway in this state any traffic regulator sign, signal, marking, or any other device, unless of a type which has been submitted to the Director of Transportation for test and examination, and for which a certification of approval has been issued by the Director of Transportation, which certification is then in effect as provided by this section.
(f) Any person desiring approval of any traffic sign, signal, or any other traffic regulatory device, shall, when required submit to the Director of Transportation, one or more sets of each type of device upon which approval is desired, together with the fee as determined by the Director of Transportation. The Director of Transportation shall, upon notice to the applicant, submit such device to the proper testing agency, for a report as to the compliance of such device with the rules and uniform standard specifications adopted by the State of Alabama Department of Transportation. Such devices will also be subject to any road test or other tests as the Director of Transportation may deem necessary to determine that each type of device and its component parts conform to the requirements as adopted by the director. The Director of Transportation is authorized to refuse approval of any device certified as complying with the specifications and requirements, which he or she determines will be, in actual use, unsafe or impracticable or would fail to comply with the provisions of this chapter, or such requirements as may be adopted by him or her.
(g) The Director of Transportation shall request the testing agency to submit a report of each type of device to him or her in duplicate. For those which are found to comply with the specifications and requirements, the report shall include any special adjustments required. Reports of all tests shall be accessible to the public and a copy thereof shall be furnished by the Director of Transportation to the applicant for the test.
(h) No manufacturer, jobber, retailer, his or her agent, or other person shall sell, lease, or offer for sale or hire, any sign, signal, or any other traffic regulatory device that does not conform to the provisions of this chapter.
(Acts 1980, No. 80-434, p. 604, §2-106.)
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.
(Acts 1980, No. 80-434, p. 604, §2-107.)
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
(Acts 1980, No. 80-434, p. 604, §11-101.)
(a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.
(Acts 1980, No. 80-434, p. 604, §11-102.)
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
(Acts 1980, No. 80-434, p. 604, §11-103.)
(a) No person shall drive a vehicle when it is loaded, or when there are in the front seat such a number of persons as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle.
(Acts 1980, No. 80-434, p. 604, §11-104.)
No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(Acts 1980, No. 80-434, p. 604, §11-105.)
No person or persons shall occupy a house trailer while it is being moved upon a public highway.
(Acts 1980, No. 80-434, p. 604, §11-106.)
The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the roadway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway.
(Acts 1980, No. 80-434, p. 604, §11-107.)
(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral or the clutch disengaged.
(b) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged.
(Acts 1980, No. 80-434, p. 604, §11-108.)
The driver of any vehicle other than one on official business shall not follow any authorized emergency vehicle traveling in response to an emergency call closer than 500 feet or stop such vehicle within 500 feet of any authorized emergency vehicle stopped in answer to an emergency call.
(Acts 1980, No. 80-434, p. 604, §11-109.)
[Repealed]
Repealed by Act 2009-577, p. 1695, §4, effective August 1, 2009.
(Act 2006-546, p. 1263, §1.)
(a) This section shall be known as the “John Hubbard Move Over Act.”
(b) When an authorized law enforcement vehicle or emergency vehicle making use of any visual signals is parked, when a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside or otherwise performing tasks associated with the provision of wrecker services, when a utility service vehicle operated by or on behalf of an entity providing utility services displaying any rotating lights, flashing lights, or other visual signals is parked on the roadside while performing tasks associated with the provision of utility services, when a vehicle displaying flashing lights is parked or engaged in the performance of official duties, including maintenance or activities related to construction or surveying, on or along a road, or when a garbage, trash, refuse, or recycling collection vehicle is actively collecting garbage, trash, refuse, or recycling materials on the roadside, the driver of every other vehicle, as soon as it is safe, shall do the following:
(1) When driving on an interstate highway or other highway with two or more lanes traveling in the direction of the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle, maintenance, construction, or survey vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle, the driver shall vacate the lane closest to the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle, maintenance, construction, or survey vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle, unless otherwise directed by a law enforcement officer. If it is not safe to move over, the driver shall slow to a speed that is at least 15 miles per hour less than the posted speed limit unless otherwise directed by a law enforcement officer.
(2) When driving on a two-lane road, the driver shall move as far away from the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle, maintenance, construction, or survey vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle as possible within his or her lane and slow to a speed that is 15 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater or travel at 10 miles per hour when the posted speed limit is 20 miles per hour or less, unless otherwise directed by a law enforcement officer.
(c)(1) A violation of this section is a misdemeanor punishable by a fine of two hundred dollars ($200). Upon a second violation of this section, the fine shall be two hundred fifty dollars ($250). Upon a third or subsequent violation, the fine shall be three hundred dollars ($300) and, in addition, the court shall submit a copy of the violation to the Secretary of the Alabama State Law Enforcement Agency and order the secretary to suspend the driving privileges of the driver for a period of not less than 90 days.
(2) If a driver violates this section while also in violation any of the following sections, the driver shall receive, at a minimum, a fine or sentence double the minimum penalty otherwise provided by law:
a. Section 32-5A-191, relating to driving under the influence.
b. Section 32-5A-190, relating to reckless driving.
c. Section 32-5A-176.1, relating to construction zone moving violations.
d. Section 32-5A-350.1, relating to wireless telecommunications device violations.
e. Section 32-5A-178, relating to racing on public highways.
(d) If a violation of this section is the proximate cause of a collision with an authorized emergency vehicle, wrecker, or other vehicle performing duties as described under subsection (b), the driver shall be punished as follows:
(1) If the collision results in physical injury to any individual, the driver shall be guilty of a Class A misdemeanor.
(2) If the collision results in serious physical injury to any individual, the driver shall be guilty of a Class C felony.
(3) If the collision results in the death of any individual, the driver shall be guilty of a Class B felony.
(e) Article 4A of Chapter 18 of Title 15, relating to restitution for victims of crimes, shall apply to any collision described under subsection (d).
(f) The Alabama State Law Enforcement Agency shall provide an educational awareness campaign informing the motoring public about this section, including information to assist the drivers of motor vehicles to determine the best option of whether to move over or slow down as required under subsection (a). The agency shall provide information about this section in all newly printed driver license educational materials after January 1, 2025.
(g) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(Act 2009-577, p. 1695, §§1-3; Act 2012-409, p. 1114, §1; Act 2013-400, p. 1536, §1; Act 2018-459, §1; Act 2019-520, §1; Act 2024-295, §1.)
(a) The driver of a motor vehicle shall yield the right-of-way to a pedestrian worker engaged in the collection of garbage, trash, refuse, or recycling materials along a roadway whenever the driver is reasonably notified of the presence of the worker by the presence of a garbage, trash, refuse, or recycling collection vehicle or by a warning sign or device.
(b) The driver of a motor vehicle on a public highway shall yield the right-of-way to a garbage, trash, refuse, or recycling collection vehicle that is stopped along a roadside or traveling in the same direction and which is engaged in the collection of garbage, trash, refuse, or recycling materials along a roadway or which has signaled and is reentering the traffic flow.
(c) This section does not relieve the driver of a garbage, trash, refuse, or recycling collection vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(d) A person who violates this section shall be guilty of a traffic violation, punishable by a fine up to fifty dollars ($50).
(Act 2013-400, p. 1536, §2.)
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road, or driveway to be used at any fire or alarm of fire, without the consent of the fire department official or police officer in command.
(Acts 1980, No. 80-434, p. 604, §11-110.)
(a) No person shall throw or deposit upon or alongside any highway, road, street, or public right-of-way any bottle, glass, nails, tacks, wire, cans, cigarettes, cigars, containers of urine, or any other substance likely to injure any person, animal, or vehicle upon or alongside the highway, road, street, or public right-of-way.
(b) Any person who throws, drops, or permits to be thrown or dropped, upon any highway any destructive or injurious material shall immediately remove the material or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle.
(d) No person shall throw or drop litter from a motor vehicle upon or alongside any highway, road or street, or public right-of-way.
(e) The uniform traffic citation may be used for any violation of this section.
(f) “Litter” as used in this section is the same as defined in Section 13A-7-29.
(g)(1) Notwithstanding the provisions of Section 32-5A-266, any person violating this section shall be guilty of a Class B misdemeanor pursuant to Section 13A-7-29, the criminal littering statute.
(2) The Alabama State Law Enforcement Agency shall adopt rules to implement this subsection.
(Acts 1980, No. 80-434, p. 604, §11-111; Acts 1989, No. 89-661, p. 1314, §1; Act 2019-530, §1.)
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic-control signal indication to proceed.
(Acts 1980, No. 80-434, p. 604, §11-112.)
(a) No person shall operate a snowmobile on any controlled-access highway.
(b) No person shall operate a snowmobile on any other highway except when crossing the highway at a right angle, when use of the highway by other motor vehicles is impossible because of snow, or when such operation is authorized by the authority having jurisdiction over the highway.
(Acts 1980, No. 80-434, p. 604, §11-113.)
(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except under any of the following conditions:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.
(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard.
(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon.
(4) Upon a roadway restricted to one-way traffic.
(b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subdivision (a)(2). However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, or driveway.
(d)(1) Upon any interstate highway, except as provided in subdivision (2), a vehicle may not remain in the leftmost lane for more than 1.5 miles without completely passing another vehicle.
(2) A vehicle may travel in the leftmost lane under any of the following conditions:
a. When traffic conditions or congestion make it necessary to operate a vehicle in the leftmost lane.
b. When inclement weather, obstructions, or hazards make it necessary to operate a vehicle in the leftmost lane.
c. When compliance with a law, rule, ordinance, or traffic control device makes it necessary to operate a vehicle in the leftmost lane.
d. When exiting a roadway to the left.
e. When paying a toll or user fee at a toll collection facility.
f. If the vehicle is an authorized emergency vehicle operated in the course of duty.
g. If the vehicle is operated or used in the course of highway maintenance or construction or is traveling through a construction zone.
(3) The Department of Transportation shall cause to be installed appropriate signs giving notice of this subsection. The department shall place the signs within the first two miles of the beginning of any interstate highway in the state and, where practical, every 50 miles thereafter, and at any intersection of interstate highways. At its discretion, the department may adjust placement of a sign to a location beyond an on-ramp if it falls within close proximity to a specified 50-mile increment and may adjust placement to avoid conflicts with existing signage already in place along the interstate corridor.
(Acts 1980, No. 80-434, p. 604, §3-101; Act 2019-515, §§2, 3; Act 2021-520, §1.)
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
(Acts 1980, No. 80-434, p. 604, §3-102.)
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(3) For purposes of a vehicle overtaking and passing a bicycle, a safe distance shall mean not less than three feet on any of the following:
(a). A roadway that has a marked bicycle lane.
(b). A roadway without a marked bicycle lane if the roadway has a marked speed limit of 45 miles per hour or less and the roadway does not have a double yellow line separating cars from oncoming traffic indicating a no passing zone.
(4) Subdivision (3) shall only apply when a cyclist is riding within two feet of the right shoulder of the roadway.
(Acts 1980, No. 80-434, p. 604, §3-103; Act 2015-473, §1.)
(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn;
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.
(Acts 1980, No. 80-434, p. 604, §3-104.)
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.
(Acts 1980, No. 80-434, p. 604, §3-105.)
(a) No vehicle shall be driven on the left side of the roadway under the following conditions:
(1) When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing;
(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.
(b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in Section 32-5A-80(a)(2), nor to the driver of a vehicle turning left into or from an alley, private road, or driveway.
(Acts 1980, No. 80-434, p. 604, §3-106.)
(a) The Department of Transportation and local authorities are hereby authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone as set forth in subsection (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
(c) This section does not apply under the conditions described in Section 32-5A-80(a)(2), nor to the driver of a vehicle turning left into or from an alley, private road, or driveway.
(Acts 1980, No. 80-434, p. 604, §3-107.)
(a) The Department of Transportation and local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic-control devices.
(b) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic-control devices.
(c) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
(Acts 1980, No. 80-434, p. 604, §3-108.)
Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.
(3) Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the direction of every such device.
(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
(Acts 1980, No. 80-434, p. 604, §3-109.)
(a) The driver of a motor vehicle shall not follow another more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. Except when overtaking and passing another vehicle, the driver of a vehicle shall leave a distance of at least 20 feet for each 10 miles per hour of speed between the vehicle that he or she is driving and the vehicle that he or she is following.
(b) The driver of any truck or motor vehicle drawing another vehicle of 25 or more feet in length when traveling upon a roadway outside of a business or residence district and which is following another truck or motor vehicle drawing another vehicle of 25 or more feet in length shall, whenever conditions permit, leave sufficient space, at least 300 feet, so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle of 25 or more feet in length from overtaking and passing any vehicle or combination of vehicles.
(c) Motor vehicles being driven upon any roadway whether a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions or to any parade or procession authorized by official permit of the governing body of the city or county having jurisdiction over the highway.
(d)(1) The trailing trucks in a truck platoon are exempt from this section if the truck platoon is engaged in electronic brake coordination and any other requirement imposed by the Department of Transportation by rule.
(2) The intent of this subsection is to allow both commercial platooning deployment and activities to provide research for truck platooning technology and to exempt the trailing trucks from receiving a citation for following too closely as defined in this section.
(e) The Department of Transportation may adopt rules to implement and administer this section.
(Acts 1980, No. 80-434, p. 604, §3-110; Acts 1981, No. 81-803, p. 1412, §1; Act 2018-286, §§1,2.)
Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so construed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across, or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a cross-over or intersection as established, unless specifically prohibited by public authority.
(Acts 1980, No. 80-434, p. 604, §3-111.)
No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.
(Acts 1980, No. 80-434, p. 604, §3-112.)
(a) The Department of Transportation by resolution or order entered in its minutes, and local authorities by ordinance, may regulate or prohibit the use of any controlled-access roadway (or highway) within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.
(b) The Department of Transportation or the local authority adopting any such prohibition shall erect and maintain official traffic-control devices on the controlled-access highway on which such prohibitions are applicable and when in place no person shall disobey the restrictions stated on such devices.
(Acts 1980, No. 80-434, p. 604, §3-113.)
(a) Notwithstanding any other provision of this title, or any other provision of law, a sworn officer of any law enforcement agency may operate a motorized bicycle or moped or any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power or any other device capable of a maximum speed of 45 miles per hour upon the streets and highways of this state and upon sidewalks.
(b) Any vehicles or other devices marked as law enforcement vehicles or devices and operated by sworn law enforcement officers are exempt from all licensing, equipment, and other requirements provided by law in this state for the operation of vehicles upon the streets and highways of this state.
(Act 2009-719, p. 2138, §1.)
(a) For purposes of this title, the chief administrator of any state, county, or municipal law enforcement agency, fire department, volunteer fire department, fire district, or rescue squad may designate any publicly owned off-road vehicle, as defined under Section 32-8-2, as an authorized emergency vehicle, if the authorized emergency vehicle is within the jurisdiction of the designating agency and the vehicle meets all of the following requirements:
(1) The vehicle is equipped with headlights and brake lights.
(2) The vehicle is equipped with shoulder harness seatbelts for each passenger.
(3) The vehicle is marked with the state, county, or municipal agency name.
(4) The vehicle is equipped with emergency lighting as provided in Section 32-5A-115(c).
(5) The back of the vehicle is marked with reflective, highly visible chevrons designed to reflect headlights and alert other drivers to its presence.
(b) An off-road vehicle that is designated as an authorized emergency vehicle pursuant to this section may be operated within the applicable jurisdiction on the streets and highways of the state for official purposes only, including emergency call responses and training operations. Such vehicles may only be operated by authorized personnel of the applicable state or local agency who have the requisite training requirements as determined by the head of the agency.
(c) An off-road vehicle that is designated as an authorized emergency vehicle shall be covered under the applicable agency’s insurance policy.
(d) An off-road vehicle that is designated as an authorized emergency vehicle is exempt from all other licensing, equipment, and other requirements provided by law for the operation of vehicles upon the streets and highways of this state.
(Act 2025-340, §1.)
(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(b) The right-of-way rule declared in subsection (a) is modified at through highways and otherwise as stated in this chapter.
(Acts 1980, No. 80-434, p. 604, §4-101.)
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
(Acts 1980, No. 80-434, p. 604, §4-102.)
(a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in Section 32-5A-113.
(b) Except when directed to proceed by a police officer every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. Provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his or her failure to yield right-of-way.
(Acts 1980, No. 80-434, p. 604, §4-103.)
The Department of Transportation with reference to state highways and local authorities with reference to highways under their jurisdictions may erect and maintain stop signs, yield signs, or other official traffic-control devices to designate through highways, or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways should yield or stop and yield before entering the intersection or junction.
(Acts 1980, No. 80-434, p. 604, §4-104.)
The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
(Acts 1980, No. 80-434, p. 604, §4-105.)
(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp and audible signal as is required by law, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with regard for the safety of all persons using the highways.
(c) Authorized emergency vehicles shall be equipped with at least one lighted lamp exhibiting a colored light as hereinafter provided visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and a siren, exhaust whistle, or bell capable of giving an audible signal. The color of the lighted lamp exhibited by police vehicles may be red or blue and the color of the lighted lamp exhibited by the fire department and other authorized emergency vehicles, including ambulances, shall be red. No vehicle other than a police vehicle will use a blue light. An amber or yellow light may be installed on any vehicle or class of vehicles designated by the Director of Public Safety, but such light shall serve as a warning or caution light only, and shall not cause other vehicles to yield the right-of-way. This provision shall not operate to relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.
(Acts 1980, No. 80-434, p. 604, §4-106; Acts 1981, No. 81-803, p. 1412, §1.)
(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices.
(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays such flashing lights as may be required or permitted by law or by regulation of the department.
(Acts 1980, No. 80-434, p. 604, §4-107.)
The driver of a vehicle intending to turn shall do so as follows:
(1) RIGHT TURNS. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2) LEFT TURNS. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable the turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.
(3) The Department of Transportation and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles and when such devices are so placed no driver shall turn a vehicle other than as directed and required by such devices.
(Acts 1980, No. 80-434, p. 604, §6-101.)
(a) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
(b) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.
(Acts 1980, No. 80-434, p. 604, §6-102.)
No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
(Acts 1980, No. 80-434, p. 604, §6-103.)
(a) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(d) The signals provided for in Section 32-5A-134(b) shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
(Acts 1980, No. 80-434, p. 604, §6-104.)
(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b).
(b) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.
(Acts 1980, No. 80-434, p. 604, §6-105.)
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) LEFT TURN. Hand and arm extended horizontally.
(2) RIGHT TURN. Hand and arm extended upward.
(3) STOP OR DECREASE SPEED. Hand and arm extended downward.
(Acts 1980, No. 80-434, p. 604, §6-106.)
(a) Outside a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park, or so leave such vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway.
(b) This section, Sections 32-5A-137 and 32-5A-138 shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. And the provisions of this section, Sections 32-5A-137 and 32-5A-138 shall not apply to any vehicle nor to the driver of any vehicle engaged in the business of carrying passengers for hire and operating over a fixed route and between regular termini operating under the authority of the Interstate Commerce Commission of the United States or under authority of the Alabama Public Service Commission or any federal, state, or municipal authority while stopped on the right-hand side of the highway to pick up or discharge passengers nor to any vehicle nor to the driver thereof engaged in the official delivery of the United States mail when stopped on the right-hand side of the highway for the purpose of picking up or delivering mail, if a clear view of the vehicle may be obtained from a distance of 300 feet in each direction upon such highway. Nothing herein shall be construed to exempt any vehicle from the provisions of Section 32-5-244 and those provisions shall remain applicable to vehicles transporting the United States mail, anything in the section to the contrary notwithstanding.
(Acts 1980, No. 80-434, p. 604, §10-101.)
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
(1) Stop, stand, or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
g. Upon any bridge or other elevated structure, upon a highway, or within a highway tunnel;
h. On any railroad tracks;
i. At any place where official signs prohibit stopping.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an intersection;
d. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;
e. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance (when properly signposted);
f. At any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. Within 50 feet of the nearest rail or a railroad crossing;
b. At any place where official signs prohibit parking.
(b) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
(Acts 1980, No. 80-434, p. 604, §10-103.)
(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 18 inches of the right-hand curb or edge of the roadway.
(b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 18 inches of the right-hand curb or edge of the roadway, or its left-hand wheels within 18 inches of the left-hand curb or edge of the roadway.
(c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the Department of Transportation has determined by regulation that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(d) The Department of Transportation with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in its opinion, as evidenced by regulation, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs.
(Acts 1980, No. 80-434, p. 604, §10-104.)
(a) Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of Section 32-5A-136 such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.
(b) Any police officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel, in such position or under such circumstances as to obstruct the normal movement of traffic.
(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:
(1) Report has been made that such vehicle has been stolen or taken without the consent of its owner;
(2) The person or persons in charge of such vehicle are unable to provide for its custody or removal;
(3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or
(4) When a vehicle has been left unattended for 24 hours or more on or adjacent to any public highway and it is determined by the police officer that the vehicle constitutes a hazard to traffic upon the highway.
(Acts 1980, No. 80-434, p. 604, §10-102.)
(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he or she can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
(3) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
(4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
(Acts 1980, No. 80-434, p. 604, §7-101.)
(a) Except as provided in subsection (b), the driver of any vehicle described in regulations issued pursuant to subsection (c), before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train and shall not proceed until he or she can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for manually changing gears while traversing such crossing and the driver shall not manually shift gears while crossing the track or tracks. Nothing contained in this section is intended to abrogate or modify the present Alabama doctrine of “stop, look, and listen” obtaining in the courts of Alabama.
(b) This section shall not apply at:
(1) Any railroad grade crossing at which traffic is controlled by a police officer or human flagman;
(2) Any railroad grade crossing at which traffic is regulated by a traffic-control signal;
(3) Any railroad grade crossing protected by crossing gates or any alternately flashing light signal intended to give warning of the approach of a railroad train;
(4) Any railroad grade crossing at which an official traffic control device gives notice that the stopping requirement imposed by this section does not apply.
(c) The Director of Transportation shall adopt such regulations as may be necessary describing the vehicles which must comply with the stopping requirements of this section. In formulating such regulations the Director of Transportation shall give consideration to the number of passengers carried by the vehicle and the hazardous nature of any substance carried by the vehicle in determining whether such vehicle shall be required to stop. Such regulations shall correlate with and so far as possible conform to the most recent regulation of the United States Department of Transportation.
(Acts 1980, No. 80-434, p. 604, §7-102.)
(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(c) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his or her direction.
(Acts 1980, No. 80-434, p. 604, §7-103.)
The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.
(Acts 1980, No. 80-434, p. 604, §7-105.)
(a) The driver of a vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children on a highway, on a roadway, on school property, or upon a private road or any church bus which has stopped for the purpose of receiving or discharging passengers shall bring the vehicle to a complete stop before reaching the school or church bus when there is in operation on the school or church bus a visual signal as specified in Section 32-5A-155. The driver shall not proceed until the school or church bus resumes motion or is signaled by the school or church bus driver to proceed or the visual signals are no longer actuated.
(b) Every bus used for the transportation of school children shall bear upon the front and rear thereof plainly visible signs containing the words “school bus” in letters not less than eight inches in height, and in addition shall be equipped with visual signals meeting the requirements of Section 32-5A-155, which shall be actuated by the driver of the school bus only when the vehicle is stopped for the purpose of receiving or discharging school children. The visual signals shall not be actuated at any other time.
(c)(1) Every bus used for the transportation of passengers to or from church shall bear upon the front and rear thereof plainly visible signs containing the words “church bus” in letters not less than eight inches in height. Visual signals meeting the requirements of Section 32-5A-155, on a church bus, if any, may be actuated by the driver of the church bus only when the vehicle is stopped for the purpose of receiving or discharging passengers.
(2) A bus operated by the Association for Retarded Citizens of Alabama, or an affiliate thereof, transporting its clients shall be considered a bus to which this section is applicable.
(d) The driver of a vehicle upon a divided highway having four or more lanes which permits at least two lanes of traffic to travel in opposite directions need not stop the vehicle upon meeting a school or church bus which is stopped in the opposing roadway or if the school or church bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.
(e) If the driver of any vehicle is witnessed by a peace officer or the driver of a school bus to have violated this section and the identity of the driver of the vehicle is not otherwise apparent, it shall be an inference that the person in whose name such vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the inference by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.
(f)(1) Upon first conviction, a person violating subsection (a) shall be punished by a fine of not less than one hundred fifty dollars ($150) nor more than three hundred dollars ($300).
(2) On a second conviction, a person convicted of violating subsection (a) shall be punished by a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) and shall complete at least 100 hours of community service. In addition, the Director of the Department of Public Safety shall suspend the driving privileges or driver’s license of the person convicted for a period of 30 days.
(3) On a third conviction, a person convicted of violating subsection (a) shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall complete at least 200 hours of community service. In addition, the Director of the Department of Public Safety shall suspend the driving privileges or driver’s license of the person convicted for a period of 90 days.
(4) On a fourth or subsequent conviction, a person convicted of violating subsection (a) shall be guilty of a Class C felony and punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000). In addition to the other penalties authorized, the Director of the Department of Public Safety shall revoke the driving privileges or driver’s license of the person convicted for a period of one year.
(g) Any law to the contrary notwithstanding, the Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to subsection (f), and a conviction of a felony pursuant to subsection (f) shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama’s habitual felony offender law.
(h) All fines and penalties imposed pursuant to this section shall be forwarded immediately upon collection by the officer of the court who collects the proceeds to the general fund of the respective agency that enforced this section.
(i) Neither reckless driving nor any other traffic infraction is a lesser included offense under a charge of overtaking and passing a school bus or church bus.
(Acts 1980, No. 80-434, p. 604, §7-106; Act 2006-311, p. 660, §1.)
(a) Every school bus shall, and every church bus may, in addition to any other equipment and distinctive markings required by this chapter, be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level, and these lights shall have sufficient intensity to be visible at 500 feet in normal sunlight.
(b) The alternately flashing lighting described in subsection (a) of this section shall not be used on any vehicle other than a school bus, a church bus, or an authorized emergency vehicle.
(Acts 1980, No. 80-434, p. 604, §7-107.)
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(Acts 1980, No. 80-434, p. 604, §8-101.)
Except when a special hazard exists that requires lower speed for compliance with Section 32-5A-170, the limits hereinafter specified or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of the maximum limits.
(1) No person shall operate a vehicle in excess of 30 miles per hour in any urban district.
(2)a. No person shall operate a motor vehicle in excess of 35 miles per hour on any unpaved road. For purposes of this chapter the term unpaved road shall mean any highway under the jurisdiction of any county, the surface of which consists of natural earth, mixed soil, stabilized soil, aggregate, crushed sea shells, or similar materials without the use of asphalt, cement, or similar binders.
b. No person shall operate a motor vehicle on any county-maintained paved road in an unincorporated area of the state at a speed in excess of 45 miles per hour unless a different maximum speed is established under authority granted in subdivision (6) or as provided in subdivision (7) subject to the maximum rate of speed provided in subdivision (3).
(3) No person shall operate a motor vehicle on the highways in this state, other than interstate highways or highways having four or more traffic lanes, at a speed in excess of 55 miles per hour at any time unless a different maximum rate of speed is authorized by the Governor under authority granted in subdivision (6) or as provided in subdivision (7).
(4) No person shall operate a motor vehicle, on an interstate highway within the State of Alabama, at a speed in excess of 70 miles per hour or on any other highway having four or more traffic lanes at a speed in excess of 65 miles per hour, unless a different maximum rate of speed is authorized by the Governor under authority granted in subdivision (6) or as provided in subdivision (7). Notwithstanding the provisions of this subdivision, any portion of Corridor X/I-22 which is open between the Alabama/Mississippi state line and the Jefferson County line shall be considered an interstate highway for the purpose of the maximum speed limit on the highway.
(5) Notwithstanding any provisions of this section to the contrary, no person shall operate a passenger vehicle, motor truck, or passenger bus which carries or transports explosives or flammable liquids, as defined in Section 32-1-1.1, or hazardous wastes, as defined in Section 22-30-3(5), in this state unless the vehicle, truck, or bus prominently displays a current decal, plate, or placard which is required by the rules or regulations of the DOT or the PSC which indicates or warns that the vehicle, truck, or bus is carrying or transporting the substances. No person shall operate the vehicle, truck, or bus at a rate of speed greater than 55 miles per hour at any time unless a different maximum rate of speed is authorized by the Governor under authority granted in subdivision (6) or as provided in subdivision (7).
(6) The Governor may prescribe the maximum rate of speed whenever a different rate of speed is required by federal law in order for Alabama to receive federal funds for highway maintenance and construction.
(7) The maximum speed limits set forth in this section may be altered as authorized in Sections 32-5A-172 and 32-5A-173.
(8) A law enforcement officer or a peace officer of any incorporated municipality or town which has less than 19,000 inhabitants according to the most recent federal decennial census shall not enforce this section on any interstate highway.
(9) Any speed limit set pursuant to this section shall be enforced by any municipality or any law enforcement officer of a municipality only within the corporate limits of the municipality and not within the police jurisdiction of the municipality.
(Acts 1980, No. 80-434, p. 604, §8-102; Acts 1987, No. 87-408, p. 593; Acts 1994, No. 94-617, p. 1147, §1; Acts 1996, No. 96-577, p. 913, §1; Act 2010-564, p. 1143, §1.)
Whenever the Director of Public Safety and the Director of Transportation, with the approval of the Governor, shall determine upon the basis of an engineering and traffic investigation that any maximum speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway system, the directors may determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs.
(Acts 1980, No. 80-434, p. 604, §8-103.)
(a) Except as provided in subsection (f), whenever local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under this article is unreasonable under the conditions found to exist upon a highway or part of a highway, the local authority may set a reasonable maximum limit that does any of the following:
(1) Decreases the limit at intersections.
(2) Increases the limit within an urban district consistent with Section 32-5A-171.
(3) Decreases the limit on any street, unpaved road, or highway under the jurisdiction and control of any county commission.
(4) Increases the limit on any street, unpaved road, or highway under the jurisdiction and control of any county commission consistent with Section 32-5A-171.
(b) Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable maximum limit thereon.
(c) Any altered limit established according to this section may be effective at all times, or during hours of darkness, or at other times as may be determined when appropriate signs giving notice thereof are erected upon the street or highway.
(d) Any alteration of maximum limits on state highways or extensions thereof in a municipality by local authorities shall not be effective until the alteration has been approved by the Department of Transportation.
(e)(1) Not more than six alterations authorized pursuant to this section shall be made per mile along a street or highway, except in the case of reduced limits at intersections.
(2) The difference between adjacent limits shall not be more than 10 miles per hour.
(f) A municipality may not fix the speed at which motor vehicles may be operated on a county-maintained street, as defined in Section 11-49-80, located within the corporate limits of the municipality unless the municipality conducts an engineering and traffic investigation and receives written approval from the county engineer to fix the speed based on the results of that investigation.
(Acts 1980, No. 80-434, p. 604, §8-104; Acts 1985, 2nd Ex. Sess., No. 85-998, p. 366, §2; Acts 1994, No. 94-617, p. 1147, §2; Act 2023-130, §1.)
(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(b) Whenever the Director of Public Safety and the Director of Transportation, with the approval of the Governor, or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any highway or part of a highway consistently impede the normal and reasonable movement of traffic, the directors or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law, and that limit shall be effective when posted upon appropriate fixed or variable signs.
(Acts 1980, No. 80-434, p. 604, §8-105.)
No person shall operate any motor-driven cycle at any time from a half hour after sunset to a half hour before sunrise nor at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead at a speed greater than 35 miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of 300 feet ahead.
(Acts 1980, No. 80-434, p. 604, §8-106.)
(a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed that is greater than the maximum speed that can be safely maintained on the bridge or structure, when the bridge or structure is signposted as provided in this section.
(b) Except as provided in subsection (d), the Department of Transportation and local authorities on highways under their respective jurisdictions may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if the department or local authority finds that the bridge or structure cannot safely withstand vehicles traveling at the speed otherwise permissible under this chapter, the department or local authority shall set a maximum vehicle speed that the structure can safely withstand, and shall cause or permit suitable signs stating the maximum speed to be erected and maintained before each end of the structure.
(c) Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the Department of Transportation and the existence of the signs shall constitute conclusive evidence of the maximum speed that can be safely maintained on the bridge or structure.
(d) A municipality may not fix the speed at which motor vehicles may be operated on a county-maintained street, as defined in Section 11-49-80, located within the corporate limits of the municipality unless the municipality conducts an engineering and traffic investigation and receives written approval from the county engineer to fix the speed based on the results of that investigation.
(Acts 1980, No. 80-434, p. 604, §8-107; Act 2023-130, §1.)
(a) A person commits a construction zone moving violation if, while operating a motor vehicle, he or she commits any violation of Chapter 5 or this chapter under all of the following conditions:
(1) The person is in a construction zone designated by the Department of Transportation or a political subdivision of the state.
(2) Construction or maintenance workers are present and performing construction or maintenance work.
(3) There are work zone traffic control devices, traffic controls, or warning signs present to notify motorists and pedestrians of construction or maintenance workers in the area.
(b) The Department of Transportation may set the speed limits in urban and rural construction zones along state and interstate highways and the county commission of a county may set the speed limits in urban and rural construction zones along county roads or highways. The construction zone speed limits shall be posted on the department’s standard size speed limit signs at least one hundred feet in advance of the entrance to a construction zone. Law enforcement authorities shall enforce construction zone speed limits.
(c) Upon conviction of a construction zone moving violation, the operator of the motor vehicle shall be assessed a fine of the greater of two hundred fifty dollars ($250) or double the amount prescribed by law outside a construction zone.
(d) Warning signs shall be placed at the entrance of the construction zone and shall warn of additional fines for committing a moving violation within a construction zone. The signs shall also state that the additional fines are applicable only when construction personnel are present.
(e) The Department of Transportation may adopt and implement administrative rules and procedures to enforce this section and to ensure the safety of private and public construction and maintenance personnel working in designated construction zones on state and interstate highways. A county commission may promulgate and implement administrative rules and procedures as it deems necessary to enforce this section on county roads and highways, provided the rules and procedures are not in conflict with those set by the Department of Transportation.
(f) A person subject to a penalty pursuant to this section may not be assessed additional court costs on conviction.
(g) Fines assessed under this section shall be collected and distributed as other fines for moving violations are collected and distributed, as provided by law.
(Acts 1988, 1st Sp. Sess., No. 88-917, p. 511, §§1, 2; Act 2001-464, p. 618, §§1, 2; Act 2003-344, p. 869, §1; Act 2021-482, §1.)
(a) In every charge of violation of any speed regulation in this article the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location.
(b) The provision of this article declaring maximum speed limitations shall not be construed to relieve the plaintiff in any action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
(c) Any state trooper, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air operating a speed measuring device that a driver of a vehicle has violated the speed laws of this state, may arrest the driver for violation of the laws where reasonable and proper identification of the vehicle and the speed of same has been communicated to the arresting officer.
(d) A witness otherwise qualified to testify shall be competent to give testimony against an accused violator of the motor vehicle laws of this state when such testimony is derived from the use of such speed measuring device used in the calculation of speed, upon showing that the speed measuring device which was used had been tested. However, the operator of any visual average speed computer device shall first be certified as a competent operator of such device by the department.
(e) Any person accused pursuant to the provisions of this section shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion.
(Acts 1980, No. 80-434, p. 604, §8-108; Acts 1989, No. 89-828, p. 1659, §1.)
(a) It is a violation of this section for any person to drive any vehicle on any public highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record.
(b) “Drag race” is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
(c) “Racing” is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.
(d) Every person violating subsection (a), if convicted, shall be punished as follows:
(1) For a first conviction by a fine in the amount of five hundred dollars ($500) and imprisonment for a period of not less than five days nor more than 90 days, provided that the sentence of imprisonment shall be suspended and, in lieu thereof, the person shall serve 30 days probation.
(2) For a second conviction, by a fine in the amount of three thousand dollars ($3,000) and imprisonment for not less than 10 days nor more than six months, provided that the sentence of imprisonment shall be suspended, and in lieu thereof, the person shall serve six months probation.
(3) For a third or subsequent conviction, by a fine in the amount of six thousand dollars ($6,000) and imprisonment for not more than one year, provided that the sentence of imprisonment shall be suspended and, in lieu thereof, the person shall serve one year probation.
(e) In addition to the fines and penalties set out in subsection (d), on a first conviction, the court shall prohibit any person convicted of driving a vehicle in violation of this section from driving a motor vehicle on the public highways of this state for a period not exceeding six months, and the license of the person shall be suspended for such period by the Secretary of the Alabama Law Enforcement Agency pursuant to Section 32-5A-195. On a second or subsequent conviction, the court shall prohibit any person convicted of driving a vehicle in violation of this section from driving a motor vehicle on the public highways of this state for a period not exceeding one year, and the license of the person shall be suspended for that period by the Secretary of the Alabama Law Enforcement Agency pursuant to Section 32-5A-195.
(f)(1) Notwithstanding any other provision of law, any person arrested for driving a vehicle in violation of subsection (a) shall be immediately removed from the vehicle. The vehicle, regardless of ownership or possessory interest of the operator or person present in the vehicle, shall be impounded by any duly sworn law enforcement officer. If there is an emergency or medical necessity jeopardizing life or limb, the law enforcement officer may elect not to impound the vehicle. The law enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle until the registered owner or authorized agent of the registered owner claims the vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The vehicle shall then be released to the registered owner or an agent of the owner.
(2) Any towing service or towing company removing the vehicle at the direction of the law enforcement officer in accordance with this section shall have a lien on the motor vehicle for all reasonable and customary fees relating to the towing and storage of the motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 15 days prior to any sale or other proceedings.
(g) It is also a violation of this section for any person to participate in any race, competition, contest, test, or exhibition prohibited in subsection (a) as an organizer or spectator. For the purposes of this subsection, an organizer is any person who promotes participation in, coordinates, facilitates, or collects monies at any location for any race or drag race, or purposefully causes the movement of traffic to slow or stop for any such race or drag race. For the purposes of this section, a spectator is any person who has purchased a ticket for admission to the race or drag race or who is otherwise knowingly present at and views the race or drag race as the result of an affirmative choice to attend or remain at the location of the race or drag race. A person who is merely in the vicinity of the race or drag race, but is not an organizer or spectator as defined herein, shall not be held in violation of this subsection. Any person in violation of this subsection shall be punished as provided in Section 32-5A-8, except no imprisonment shall be ordered for a violation of this subsection.
(Acts 1980, No. 80-434, p. 604, §8-109; Act 2015-318, §1.)
This article shall be known as the County and Municipal Reduced Speed School Zone Act.
(Act 2010-692, p. 1679, §1.)
For the purposes of this article, the following words have the following meanings:
(1) REDUCED SPEED SCHOOL ZONE. A designated length of a road or highway extending between school zone speed limit signs with or without warning lights.
(2) ROAD or HIGHWAY. Any road or highway except an interstate highway.
(3) SCHOOL ZONE. All public or private school property, including school grounds and any road or highway abutting the school grounds and extending 300 feet along the road or highway from the school grounds.
(Act 2010-692, p. 1679, §2(a); Act 2021-305, §1.)
A reduced speed school zone is established for every public or private school in the state, including schools along state-maintained roads or highways.
(1) At an appropriate distance before reaching a reduced speed school zone, an appropriate sign or signs shall be erected warning of the approaching reduced speed school zone.
(2) A sign or signs at the end of the school zone shall designate where the motor vehicle may resume the regular speed limits.
(3) All signs and signing locations shall be in accordance with the rules contained in the current Manual of Uniform Traffic Control Devices.
(Act 2010-692, p. 1679, §2(b); Act 2021-305, §1.)
(a) Signs on a reduced speed school zone located on a county-maintained road shall be placed and maintained by the county commission.
(b) Signs on a reduced speed school zone located on a municipality-maintained road shall be placed and maintained by the municipality.
(c) Signs on a reduced speed school zone located on a state-maintained road or highway within a county shall be placed and maintained by the State Department of Transportation.
(Act 2010-692, p. 1679, §3; Act 2021-305, §1.)
School zone speed limits shall be posted on the State Department of Transportation’s standard size speed limit signs and the times when the reduced speed limits are in effect. Law enforcement authorities shall enforce school zone speed limits.
(Act 2010-692, p. 1679, §5.)
Upon conviction of a school zone speed violation, the operator of the motor vehicle shall be assessed a fine of double the amount prescribed by law outside a school zone. The signs, placed at the entrance of the school zone, shall warn of the doubled fines for speeding within a school zone. The signs shall also state that the doubled fines are applicable only during the times posted on the signs.
(Act 2010-692, p. 1679, §6.)
The proceeds from any fines collected pursuant to this article payable to a county or municipality pursuant to state law shall be paid into the public road and bridge fund of the county or the treasury of the municipality in which the offense occurred.
(Act 2010-692, p. 1679, §7.)
(a) Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.
(b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by fine of not less than $25.00 nor more than $500.00, or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50.00 nor more than $500.00, or by both such fine and imprisonment, and the court may prohibit the person so convicted from driving a motor vehicle on the public highways of this state for a period not exceeding six months, and the license of the person shall be suspended for such period by the Director of Public Safety pursuant to Section 32-5A-195.
(c) Neither reckless driving nor any other moving violation under this chapter is a lesser included offense under a charge of driving while under the influence of alcohol or drugs.
(Acts 1980, No. 80-434, p. 604, §9-101.)
(a) A person who causes the death of another person while knowingly engaged in the violation of Title 32, Chapter 5A, excluding Section 32-5A-191, applying to the operation or use of a vehicle, as defined in Section 32-1-1.1, may be guilty of homicide by vehicle when the violation is the proximate cause of the death.
(b) A person convicted of homicide by vehicle under subsection (a) is guilty of a Class C felony.
(c) By the tenth day of the 2022 Legislative Regular Session, the Administrative Office of Courts and the Office of Prosecution Services will report to the Legislature the statistical information from court records relating to this charge.
(Act 2017-336, §2; Act 2018-406, §1(b)(7); Act 2023-178, §1(b)(2).)
(a) A person shall not drive or be in actual physical control of any vehicle while:
(1) There is 0.08 percent or more by weight of alcohol in his or her blood;
(2) Under the influence of alcohol;
(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or
(5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood. The Alabama State Law Enforcement Agency shall suspend or revoke the driver’s license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of, delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between 0.02 and 0.08, the person’s driver’s license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section, and there shall be no disclosure, other than to courts, law enforcement agencies, the person’s attorney of record, and the person’s employer, by any entity or person of any information, documents, or records relating to the person’s arrest, conviction, or adjudication of or finding of delinquency based on this subsection.
All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (k).
(c)(1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than 0.02 percent by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section, except that on the first conviction the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver’s license for a period of one year.
(2) A person shall not drive or be in actual physical control of a commercial motor vehicle, as defined in 49 CFR Part 383.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is 0.04 percent or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of this section, the commercial driver’s license or commercial driving privilege of a person convicted of violating this subdivision shall be disqualified for the period provided in accordance with 49 CFR Part 383.51, as applicable, and the person’s regular driver’s license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section.
(3) Any commutation of suspension or revocation time as it relates to a court order, approval, and installation of an ignition interlock device shall not apply to commercial driving privileges or disqualifications.
(d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.
(e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days. The 90-day suspension shall be stayed if the offender elects to have an approved ignition interlock device installed and operating on the designated motor vehicle driven by the offender for 90 days. The offender shall present proof of installation of the approved ignition interlock device to the Alabama State Law Enforcement Agency and obtain an ignition interlock restricted driver license. The remainder of the suspension shall be commuted upon the successful completion of the elected use, mandated use, or both, of the ignition interlock device. If, on a first conviction, any person refusing to provide a blood alcohol concentration or if a child under the age of 14 years was a passenger in the vehicle at the time of the offense or if someone else besides the offender was injured at the time of the offense, or if the offender is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while operating or being in actual control of a vehicle, the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days and the person shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of one year from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. After a minimum of 45 days of the license revocation or suspension pursuant to Section 32-5A-304 or this section, or both, is completed, upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation of an operational approved ignition interlock device on the designated vehicle of the person convicted, the mandated ignition interlock period of one year provided in this subsection shall start and the suspension period, revocation period, or both, as required under this subsection shall be stayed. The remainder of the driver license revocation period, suspension period, or both, shall be commuted upon the successful completion of the period of time in which the ignition interlock device is mandated to be installed and operational.
(f) On a second conviction, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition, the Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privileges or driver’s license of the person convicted for a period of one year and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of two years from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. After a minimum of 45 days of the license revocation or suspension pursuant to Section 32-5A-304, this section, or both, is completed, upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation of an operational approved ignition interlock device on the designated vehicle of the person convicted, the mandated ignition interlock period of two years approved in this subsection shall start and the suspension period, revocation period, or both, as required under this subsection shall be stayed. The remainder of the driver license revocation period, suspension period, or both, shall be commuted upon the successful completion of the period of time in which the ignition interlock device is mandated to be installed and operational.
(g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privilege or driver’s license of the person convicted for a period of three years and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of three years from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. After a minimum of 60 days of the license revocation or suspension pursuant to Section 32-5A-304, this section, or both, is completed, upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation of an operational approved ignition interlock device on the designated vehicle of the person convicted, the mandated ignition interlock period of three years provided in this subsection shall start and the suspension period, revocation period, or both, as required under this subsection shall be stayed. The remainder of the driver license revocation period, suspension period, or both, shall be commuted upon the successful completion of the period of time in which the ignition interlock device is mandated to be installed and operational.
(h) On a fourth or subsequent conviction, or if the person has a previous felony DUI conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years, confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day; provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if, as a condition of probation, the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Secretary of the Alabama State Law Enforcement Agency shall revoke the driving privilege or driver’s license of the person convicted for a period of five years and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of four years from the date of issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. After a minimum of one year of the license revocation or suspension pursuant to Section 32-5A-304, this section, or both, is completed, upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation of an operational approved ignition interlock device on the designated vehicle of the person convicted, the mandated ignition interlock period of four years provided in this subsection shall start and the suspension period, revocation period, or both, as required under this subsection shall be stayed. The remainder of the driver license revocation period, suspension period, or both, shall be commuted upon the successful completion of the period of time in which the ignition interlock device is mandated to be installed and operational.
The Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subsection, and a conviction of a felony pursuant to this subsection shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama’s habitual felony offender law. However, prior misdemeanor or felony convictions for driving under the influence may be considered as part of the sentencing calculations or determinations under the Alabama Sentencing Guidelines or rules promulgated by the Alabama Sentencing Commission.
(i) When any person convicted of violating this section is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while operating or being in actual physical control of a vehicle, he or she shall be sentenced to at least double the minimum punishment that the person would have received if he or she had had less than 0.15 percent by weight of alcohol in his or her blood. This subsection does not apply to the duration of time an ignition interlock device is required by this section. If the adjudicated offense is a misdemeanor, the minimum punishment shall be imprisonment for one year, all of which may be suspended except as otherwise provided for in subsections (f) and (g).
(j) When any person over the age of 21 years is convicted of violating this section and it is found that a child under the age of 14 years was a passenger in the vehicle at the time of the offense, the person shall be sentenced to at least double the minimum punishment that the person would have received if the child had not been a passenger in the motor vehicle. This subsection does not apply to the duration of time an ignition interlock device is required by this section.
(k)(1) In addition to the penalties provided herein, any person convicted of violating this section shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Alabama State Law Enforcement Agency shall not reissue a driver’s license to a person convicted under this section without receiving proof that the defendant has successfully completed the required program.
(2) Upon conviction, the court shall notify the Alabama State Law Enforcement Agency if the person convicted is required to install and maintain an approved ignition interlock device. The agency shall suspend or revoke a person’s driving privileges until completion of the mandatory suspension or revocation period required by this section, and clearance of all other suspensions, revocations, cancellations, or denials, and proof of installation of an approved ignition interlock device is presented to the agency. The agency shall not reissue a driver’s license to a person who has been ordered by a court or is required by law to have the ignition interlock device installed until proof is presented that the person is eligible for reinstatement of driving privileges. Upon presentation of proof and compliance with all ignition interlock requirements, the agency shall issue a driver’s license with a restriction indicating that the licensee may operate a motor vehicle only with the certified ignition interlock device installed and properly operating. If the licensee fails to maintain the approved ignition interlock device as required or is otherwise not in compliance with any order of the court, the court shall notify the agency of the noncompliance and the agency shall suspend the person’s driving privileges until the agency receives notification from the court that the licensee is in compliance. The requirement that the licensee use the ignition interlock device may be removed only when the court of conviction confirms to the agency that the licensee is no longer subject to the ignition interlock device requirement.
(l) Neither reckless driving nor any other traffic infraction is a lesser included offense under a charge of driving under the influence of alcohol or of a controlled substance.
(m)(1) Except for fines collected for violations of this section charged pursuant to a municipal ordinance, fines collected for violations of this section shall be deposited to the State General Fund; however, beginning October 1, 1995, of any amount collected over two hundred fifty dollars ($250) for a first conviction, over five hundred dollars ($500) for a second conviction within 10 years, over one thousand dollars ($1,000) for a third conviction within 10 years, and over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter, the second one hundred dollars ($100) of that additional amount shall be deposited in the Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and the remainder of the funds shall be deposited to the State General Fund.
(2) Fines collected for violations of this section charged pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited as follows: The first three hundred fifty dollars ($350) collected for a first conviction, the first six hundred dollars ($600) collected for a second conviction within 10 years, the first one thousand one hundred dollars ($1,100) collected for a third conviction, and the first two thousand one hundred dollars ($2,100) collected for a fourth or subsequent conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for each conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) to the Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality, and the balance credited to the State General Fund. Any amounts collected over these amounts shall be deposited as otherwise provided by law.
(3) Fines collected for violations of this section charged pursuant to a municipal ordinance, where the fine is paid on a partial or installment basis, shall be deposited as follows: The first two hundred dollars ($200) of the fine collected for any conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for any conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) for any conviction credited to the Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality. The second three hundred dollars ($300) of the fine collected for a first conviction, the second eight hundred dollars ($800) collected for a second conviction, the second one thousand eight hundred dollars ($1,800) collected for a third conviction, and the second three thousand eight hundred dollars ($3,800) collected for a fourth conviction shall be divided with 50 percent of the funds collected to be deposited to the State Treasury to be credited to the State General Fund and 50 percent deposited as otherwise provided by law for municipal ordinance violations. Any amounts collected over these amounts shall be deposited as otherwise provided by law for municipal ordinance violations.
(4) Notwithstanding any provision of law to the contrary, 90 percent of any fine assessed and collected for any DUI offense charged by municipal ordinance violation in district or circuit court shall be computed only on the amount assessed over the minimum fine authorized, and upon collection shall be distributed to the municipal general fund with the remaining 10 percent distributed to the State General Fund.
(5) In addition to fines imposed pursuant to this subsection, a mandatory fee of one hundred dollars ($100) shall be collected from any individual who successfully completes any pretrial diversion or deferral program in any municipal, district, or circuit court where the individual was charged with a violation of this section or a corresponding municipal ordinance. The one hundred dollars ($100) shall be deposited into the Alabama Chemical Testing Training and Equipment Fund.
(6) In addition to the fines and fees imposed pursuant to this subsection, a mandatory fee of one hundred dollars ($100) shall be collected from any individual who successfully completes any pretrial diversion or deferral program in any municipal, district, or circuit court where the individual was charged with a violation of this section or a corresponding municipal ordinance. The one hundred dollars ($100) shall be deposited into the Alabama Head and Spinal Cord Injury Trust Fund.
(n)(1) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in his or her blood as specified in subsection (a)(1) or, in the case of a person who is under the age of 21 years, subsection (b) hereof.
(2) A judge may require an offender to install and use a certified ignition interlock device as a condition of bond. In that instance, the Secretary of the Alabama State Law Enforcement Agency shall issue the offender a restricted driver’s license indicating the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. Any driver’s license suspension or revocation period pursuant to Section 32-5A-304 shall be stayed during the period the offender is under the bond condition. The period of time the offender has the ignition interlock device installed as a condition of bond shall not be credited to any requirement to have an ignition interlock device upon conviction.
(o) Upon verification that a defendant arrested pursuant to this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant’s subsequent arrest and pending prosecution to the court in which the prior conviction occurred.
(p)(1) Except as provided in subdivision (2), a prior conviction for driving under the influence from this state, a municipality within this state, or another state or territory or a municipality of another state or territory shall be considered by a court for imposing a sentence pursuant to this section if the prior conviction occurred within 10 years of the date of the current offense.
(2) If the person has a previous felony DUI conviction, then all of the person’s subsequent DUI convictions shall be treated as felonies regardless of the date of the previous felony DUI conviction.
(q) Any person convicted of driving under the influence of alcohol, or a controlled substance, or both, or any substance which impairs the mental or physical faculties in violation of this section, a municipal ordinance adopting this section, or a similar law from another state or territory or a municipality of another state or territory more than once in a 10-year period shall have his or her motor vehicle registration for all vehicles owned by the repeat offender suspended by the Alabama Department of Revenue for the duration of the offender’s driver’s license suspension period, unless such action would impose an undue hardship to any individual, not including the repeat offender, who is completely dependent on the motor vehicle for the necessities of life, including any family member of the repeat offender and any co-owner of the vehicle or, in the case of a repeat offender, if the repeat offender has a functioning ignition interlock device installed on the designated vehicle for the duration of the offender’s driver’s license suspension period.
(r)(1) Any person ordered by the court to have an ignition interlock device installed on a designated vehicle, and any person who elects to have the ignition interlock device installed on a designated vehicle for the purpose of reducing a period of suspension or revocation of his or her driver’s license, shall pay to the court, following his or her conviction, two hundred dollars ($200), which may be paid in installments and which shall be divided as follows:
a. Seventeen percent to the Alabama Interlock Indigent Fund.
b. For cases in the district or circuit court, 30 percent to the State Judicial Administration Fund administered by the Administrative Office of Courts and for cases in the municipal court, 30 percent to the municipal judicial administration fund of the municipality where the municipal court is located to be used for the operation of the municipal court.
c. Thirty percent to the Highway Traffic Safety Fund administered by the Alabama State Law Enforcement Agency.
d. Twenty-three percent to the District Attorney’s Solicitor Fund.
(2) In addition to paying the court clerk the fee required above following the conviction or the voluntary installation of the ignition interlock device, the defendant shall pay all costs associated with the installation, purchase, maintenance, or lease of the ignition interlock devices to an approved ignition interlock provider pursuant to the rules of the Department of Forensic Sciences, unless the defendant is subject to Section 32-5A-191.4(i)(4).
(s) The defendant shall designate the vehicle to be used by identifying the vehicle by the vehicle identification number to the court. The defendant, at his or her own expense, may designate additional motor vehicles on which an ignition interlock device may be installed for the use of the defendant.
(t)(1) Any person who is required to comply with the ignition interlock provisions of this section as a condition of restoration or reinstatement of his or her driver’s license, shall only operate the designated vehicle equipped with a functioning ignition interlock device for the period of time consistent with the offense for which he or she was convicted as provided for in this section.
(2) The duration of the time an ignition interlock device is required by this section shall be one year if the offender refused the prescribed chemical test for intoxication.
(u)(1) The Alabama State Law Enforcement Agency may set a fee of not more than one hundred fifty dollars ($150) for the issuance of a driver’s license indicating that the person’s driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. Fifteen percent of the fee shall be distributed to the general fund of the county where the person was convicted to be utilized for law enforcement purposes. Eighty-five percent shall be distributed to the State General Fund. In addition, at the end of the time the person’s driving privileges are subject to the above conditions, the agency shall set a fee of not more than seventy-five dollars ($75) to reissue a regular driver’s license. The fee shall be deposited as provided in Sections 32-6-5, 32-6-6, and 32-6-6.1.
(2) The defendant shall provide proof of installation of an approved ignition interlock device to the Alabama State Law Enforcement Agency as a condition of the issuance of a restricted driver’s license.
(3) Any ignition interlock driving violation committed by the offender during the mandated ignition interlock period shall extend the duration of ignition interlock use for six months. Ignition interlock driving violations include any of the following:
a. A breath sample at or above a minimum blood alcohol concentration level of 0.02 recorded four or more times during the monthly reporting period unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.02.
b. Any tampering, circumvention, or bypassing of the ignition interlock device, or attempt thereof.
c. Failure to comply with the servicing or calibration requirements of the ignition interlock device every 30 days.
(v) Nothing in this section and Section 32-5A-191.4 shall require an employer to install an ignition interlock device in a vehicle owned or operated by the employer for use by an employee required to use the device as a condition of driving pursuant to this section and Section 32-5A-191.4.
(w) The provisions in this section and Section 32-5A-191.4 relating to ignition interlock devices shall not apply to persons who commit violations of this section while under 19 years of age and who are adjudicated in juvenile court, unless specifically ordered otherwise by the court.
(x)(1) The amendatory language in Act 2014-222 to this section, authorizing the Alabama State Law Enforcement Agency to stay a driver’s license suspension or revocation upon compliance with the ignition interlock requirement shall apply retroactively if any of the following occurs:
a. The offender files an appeal with the court of jurisdiction requesting all prior suspensions or revocation, or both, be stayed upon compliance with the ignition interlock requirement.
b. The offender wins appeal with the court of jurisdiction relating to this section.
c. The court of jurisdiction notifies the Alabama State Law Enforcement Agency that the offender is eligible to have the driver’s license stayed.
d. The Alabama State Law Enforcement Agency issues an ignition interlock restricted driver’s license.
e. The offender remains in compliance of ignition interlock requirements.
(2) The remainder of the driver license revocation, suspension, or both, shall be commuted upon the successful completion of the period of time in which the ignition interlock device is mandated to be installed and operational.
(y) Pursuant to Section 15-22-54, the maximum probation period for persons convicted under this section shall be extended until all ignition interlock requirements have been completed by the offender.
(z) Notwithstanding the ignition interlock requirements of this section, no person may be required to install an ignition interlock device if there is not a certified ignition interlock provider available within a 50 mile radius of his or her place of residence or place of business or employment.
(Acts 1980, No. 80-434, p. 604, §9-102; Acts 1981, No. 81-803, p. 1412, §1; Acts 1983, No. 83-620, p. 959, §1; Acts 1984, No. 84-259, p. 431, §1; Acts 1994, No. 94-590, p. 1089, §1; Acts 1995, No. 95-784, p. 1862, §2; Acts 1996, No. 96-341, p. 416, §1; Acts 1996, No. 96-705, p. 1174, §1; Acts 1997, No. 97-556, p. 985, §1; Act 99-432, p. 787, §1; Act 2000-677, p. 1376, §1; Act 2002-502, p. 1299, §1; Act 2005-326, 1st Sp. Sess., p. 795, §1; Act 2006-654, p. 1787, §1; Act 2011-621, p. 1429, §1; Act 2011-613, p. 1363, §1; Act 2012-363, p. 904, §1(b)(4); Act 2014-222, p. 712, §§1, 2; Act 2016-259, p. 628, §1; Act 2018-517, §1; Act 2018-518, §1; Act 2018-546, §1; Act 2018-517, §2.)
[Repealed]
Repealed by Acts 1997, No. 97-556, p. 985, effective October 1, 1997.
(Acts 1993, No. 93-323, p. 492, §1; Acts 1997, No. 97-556, §2.)
(a) Beginning October 1, 1994, moneys in the Alabama Head and Spinal Cord Injury Trust Fund shall be distributed to the Division of Rehabilitation Services in the State Department of Education for the following purposes:
(1) As a payer of last resort for the costs of care provided in this state for citizens of this state who have survived neuro-trauma with head or spinal cord injuries. Expenditures for spinal cord injury and head injury care shall be made by the Division of Rehabilitation Services according to criteria established by the Alabama Head and Spinal Cord Injury Trust Fund Advisory Board. Expenditures may include but need not be limited to, post acute medical care, rehabilitation therapies, medication, attendant care, home accessibility modification, and equipment necessary for activities of daily living.
(2) Public information, prevention education, and research coordinated by the Alabama Head Injury Foundation.
(b) The Division of Rehabilitation Services shall issue a report to the Legislature on the first day of the regular session of each year, summarizing the activities supported by the moneys from the additional fines levied in this section and Section 32-5A-191.1.
(Acts 1993, No. 93-323, p. 492, §2; Act 2016-259, §1.)
(a) A person shall not operate or be in actual physical control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation device on the waters of this state, as the waters are defined in Section 33-5-3, under any condition in which a person would be guilty of driving under the influence of alcohol or drugs pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle.
(b) In the case of a vessel or other marine device described in subsection (a), where a law enforcement officer has probable cause to believe that the operator of the vessel or other marine device is operating in violation of this section, the law enforcement officer is authorized to administer and may test the operator, at the scene, by using a field breathalyzer or other approved device, as a screening device, to determine if the operator may be operating a vessel or device in violation of subsection (a). Refusal to submit to a field breathalyzer test or other approved testing device shall result in the same punishment as provided in subsection (c) of Section 32-5-192 for operators of motor vehicles on the state highways.
(c) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.
(d) Upon a first or subsequent conviction, a person violating this section shall be punished in the same manner and under the same conditions as a person convicted of driving under the influence of alcohol or drugs pursuant to Section 32-5A-191, or any successor section or sections providing for the offense of driving under the influence of alcohol or drugs, except that in any case where reference is made to the Director of Public Safety and the driving privilege or driver’s license of the person, the reference shall be deemed to refer to the Commissioner of Conservation and Natural Resources and the vessel operating privilege or boater safety certification of the person convicted under this section.
(e) Neither reckless or careless operation of a vessel, nor any other boating or water safety infraction, is a lesser included offense under a charge of operating a vessel while under the influence of alcohol or controlled substances.
(f) All fines collected for violation of this section as to vessels or other marine devices on the waters of this state shall be paid into the State Water Safety Fund.
(g) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in the person’s blood as specified in subdivision (1) of subsection (a).
(h) Upon verification that a defendant arrested pursuant to this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant’s subsequent arrest and pending prosecution to the court in which the prior conviction occurred.
(i) When any person over the age of 21 years is convicted pursuant to this section and a child under the age of 14 years was present on the vessel or other marine device described in subsection (a) at the time of the offense, the defendant shall be sentenced to double the minimum punishment that the person would have received if the child had not been present.
(j) “Vessel,” for the purposes of this section, shall mean any vessel as defined in Section 33-5-3, operated on the waters of this state, as defined in Section 33-5-3.
(k) No provision of this section shall be construed to assess points for DUI convictions under motor vehicle convictions for driving under the influence.
(Acts 1994, No. 94-652, p. 1243, §2; Act 2001-695, p. 1477, §2.)
(a) As used in Section 32-5A-191, the term, “ignition interlock device” means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the test, reaches a blood alcohol concentration level of 0.02.
(b) The ignition interlock device shall be installed, calibrated, and monitored directly by trained technicians who shall train the offender for whom the device is being installed in the proper use of the device. The use of a mail in or remote calibration system where the technician is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department of Forensic Sciences shall promulgate rules for punishment and appeal for ignition interlock providers relating to violation of this subsection.
(c) The department shall formulate and promulgate rules for the proper approval, installation, and use of ignition interlock devices. Additionally, the department shall maintain and make public the list of approved ignition interlock devices.
(d) The department may adopt in whole or relevant part the guidelines, rules, regulations, studies, or independent laboratory tests performed or relied upon by other states, their agencies, or commissions.
(e) The department shall promulgate rules regulating approved ignition interlock providers related to areas of consumer coverage. The rules shall address areas of consumer coverage and shall provide for a two-year period from July 1, 2014, to allow provider compliance.
(f) The department shall charge an application fee of two thousand dollars ($2,000) to any ignition interlock provider to evaluate the instrument. Any ignition interlock provider whose ignition interlock device is approved by the department shall be permitted to install and calibrate its approved device in Alabama. Each year during the month of April, the department may receive applications and instruments to review for approval.
(g) The Alabama State Law Enforcement Agency shall be responsible for enforcing the rules promulgated by the department related to ignition interlock devices and providers. The agency shall promulgate rules regulating the inspection and enforcement of approved ignition interlock providers and any associate service locations.
(h) In the absence of negligence, wantonness, or willful misconduct, no person or employer or agent of a person who installs an ignition interlock device pursuant to Section 32-5A-191 shall be liable for any occurrence related to the device, including, but not limited to, occurrences resulting from or related to a malfunction of the device or use of, misuse of, or failure to use the device or the vehicle in which the device was installed.
(i)(1) When the court imposes the use of an ignition interlock device as required by Section 32-5A-191, the court shall require that the person provide proof of installation of a device to the court or a probation officer within 30 days of the date the defendant becomes eligible to receive an ignition interlock-restricted license from the agency. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered into the court record, the court may revoke the person’s probation where applicable after a petition to revoke probation has been filed and the defendant has been given notice and an opportunity to be heard on the petition. The court in which the defendant is convicted shall notify the agency that the defendant is restricted to the operation of a motor vehicle only when an approved ignition interlock device is installed and properly operating. Nothing in this subsection shall permit a person who does not own a vehicle or otherwise have an ignition interlock device installed on a motor vehicle to operate a motor vehicle without an approved ignition interlock device installed and properly operating.
(2) Proof of installation for the purpose of this subsection may be furnished by either a certificate of installation or a copy of the lease agreement in the name of the offender for the designated vehicle with an approved ignition interlock device company.
(3) A defendant who is determined by the court to be indigent for the purpose of ignition interlock may have an ignition interlock device installed by an ignition interlock provider as provided in this subsection. Criteria for determining indigency for the purpose of ignition interlock shall be the same criteria as set forth in Section 15-12-5(b) and (c) after the report is complete. The defendant shall execute an affidavit of substantial hardship on a form approved by the Supreme Court. The completed affidavit of substantial hardship and the subsequent order of the court either denying or granting indigency status for the purpose of ignition interlock to the offender shall become a part of the official court record in the case and shall be submitted by the offender to the interlock provider.
(4) Any offender granted indigency status for the purpose of ignition interlock shall not be required to pay the costs associated with installing and maintaining an interlock device nor required to pay any interlock fees charged to a defendant who does not own a vehicle or otherwise have an ignition interlock device installed on a vehicle pursuant to subdivision (6) for the period of any sentence for ignition interlock. The defendant shall pay any fees for any violation of ignition interlock requirements and for any optional services elected by the defendant and for any missing or damaged equipment. This section shall not affect any fees associated with the driver’s license of the defendant.
(5)a. The agency shall require each approved manufacturer to provide a minimum number of indigent defendants with ignition interlock services, including installation, lease, calibration, and removal, at no cost to the indigent defendant. The minimum number of indigent defendants provided services shall be equal to five percent of the total installations provided by the manufacturer during the prior calendar year.
b. The agency shall oversee the administration of indigent services on an annual basis by doing all of the following:
Verifying the total number of installations provided by the manufacturer each year.
Verifying the number of installations for indigent defendants provided each year by each manufacturer.
Conducting random audits of payments based on the list of indigent defendants serviced by each manufacturer.
c. Each manufacturer who fails to meet the five percent threshold for indigent defendants shall be subject to a civil penalty of five hundred dollars ($500) for each indigent defendant the manufacturer failed to provide services below the five percent threshold. All fines shall be collected by the agency and deposited in the Alabama Ignition Interlock Indigent Fund.
d. The Alabama Ignition Interlock Indigent Fund is created in the State Treasury. The fund shall be administered by the agency. Except as provided in paragraph e., all of the money in the fund shall be used to reimburse ignition interlock device providers who have installed devices in vehicles of indigent persons pursuant to court orders issued under this section. No provider shall be reimbursed for an interlock device installed without the completed affidavit of substantial hardship and the subsequent order of the court granting indigency status. Payments to interlock device providers pursuant to this subdivision shall be made every three months. If the amount of money in the fund at the time payments are made is not sufficient to pay all requests for reimbursement submitted during that three-month period, the Comptroller shall make payments on a pro rata basis and those payments shall be considered payment in full for the requests submitted. At the end of each fiscal year, all monies above five hundred thousand dollars ($500,000) remaining in the Alabama Ignition Interlock Indigent Fund shall be divided as follows:
Thirty percent to the Highway Traffic Safety Fund administered by the Alabama State Law Enforcement Agency.
Twenty percent to the Alabama Chemical Testing Training and Equipment Trust Fund administered by the Department of Forensic Sciences.
Thirty percent to the District Attorney’s Solicitor’s Fund.
Twenty percent to the Office of Prosecution Services.
e. Notwithstanding the provisions of paragraph d., 10 percent of the first five hundred thousand dollars ($500,000) collected in the fund each year may be used by the Alabama State Law Enforcement Agency for any of the following additional purposes on an annual basis:
Annual reporting and assessment of manufacturer compliance with indigent service requirements.
Notice and collection of any fines for noncompliance.
Annual inspection of interlock service centers by the agency.
(6) Any defendant who does not own a vehicle or otherwise have an ignition interlock device installed on a vehicle shall be required to pay seventy-five dollars ($75) per month for the entire period the defendant is required or elects to have an ignition interlock device unless the defendant is determined by the court to be indigent as provided for in subdivision (3) . The defendant shall still serve all license suspension or revocation, or both, during this period. Any monies paid pursuant to this subdivision shall be paid to the court clerk and shall be deposited in the Alabama Impaired Driving Prevention and Enforcement Fund in the State Treasury to be used by the Alabama State Law Enforcement Agency for impaired driving education and enforcement.
(j) No person who is prohibited from operating a motor vehicle unless it is equipped with an ignition interlock device as provided in Section 32-5A-191 shall knowingly:
(1) Operate, lease, or borrow a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device.
(2) Request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(k)(1) Any person who operates a motor vehicle in violation of subsection (j) shall be immediately removed from the vehicle and taken into custody. The vehicle, regardless of ownership or possessory interest of the operator or person present in the vehicle, except when the owner of the vehicle or another family member of the owner is present in the vehicle and presents a valid driver’s license, shall be impounded by any duly sworn law enforcement officer pursuant to Section 32-6-19(c). If there is an emergency or medical necessity jeopardizing life or limb, the law enforcement officer may elect not to impound the vehicle.
(2) A violation of subsection (j) on the first offense is a Class A misdemeanor. In addition, the time the defendant is required to use an ignition interlock device shall be extended by six months. Upon second conviction of a violation of subsection (j), the sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than 48 hours and the time the defendant is required to use an ignition interlock device shall be extended by six months. Upon a third or subsequent conviction of a violation of subsection (j), the sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days and the time the defendant shall be required to use an ignition interlock device shall be extended by one year.
(l) No person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle without an ignition interlock device.
(m) No person shall intentionally attempt to tamper with, defeat, or circumvent the operation of an ignition interlock device.
(n) Any person convicted of a violation of this section other than subsection (j) shall be punished by imprisonment for not more than six months or a fine of not more than five hundred dollars ($500), or both.
(Act 2011-613, p. 1363, §2; Act 2014-222, p. 712, §1; Act 2018-517, §1.)
[Repealed]
Repealed by Act 2014-427, §2, effective July 1, 2014.
(Acts 1980, No. 80-434, p. 604, §9-107; Acts 1983, No. 83-620, p. 959, §1; Acts 1994, No. 94-652, p. 1243, §3.)
[Repealed]
Repealed by Act 2009-616, p. 1779, §6, effective August 1, 2009.
(Acts 1980, No. 80-434, p. 604, §9-108.)
(a) Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence, evidence of the amount of alcohol, controlled substance, or other impairing substance in a person’s blood at the alleged time, as determined by a chemical analysis of the person’s blood, breath, oral fluid, or other bodily substance, or any combination thereof, shall be admissible. Where a chemical test or tests are made, the following provisions shall apply:
(1) Chemical analyses of the person’s blood, breath, oral fluid, or other bodily substance to be considered valid shall have been performed according to methods approved by the Department of Forensic Sciences and by an individual possessing a valid permit issued by the Department of Forensic Sciences. The court trying the case may take judicial notice of the methods approved by the Department of Forensic Sciences. The Department of Forensic Sciences may approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct the analyses and to issue permits which shall be subject to termination or revocation at the discretion of the Department of Forensic Sciences. The Department of Forensic Sciences shall approve permits required in this section only for employees of state, county, municipal, and federal law enforcement agencies, and for laboratory personnel employed by the Department of Forensic Sciences.
(2) When a person shall submit to a blood test at the direction of a law enforcement officer pursuant to Section 32-5-192, only a physician, a registered nurse, a paramedic, a phlebotomist, or other qualified person may withdraw blood for the purpose of determining the alcoholic content or the presence of other impairing substances. This limitation shall not apply to the taking of breath or oral fluid.
(3) The person tested may at his or her own expense have a physician, qualified technician, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the discretion of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(4) Upon the written request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
(5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood or grams of alcohol per 210 liters of breath.
(b) Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of the person’s blood or breath shall give rise to all of the following presumptions:
(1) If there were at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcohol unless the person was operating a motor vehicle in performance of his or her duties as a school bus driver or day care driver at that time or was under the age of 21 years at that time.
(2) If there were at the time in excess of 0.05 percent but less than 0.08 percent by weight of alcohol in the person’s blood, this fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol unless the person was operating a motor vehicle in performance of his or her duties as a school bus driver or day care driver at that time or was under the age of 21 years at that time.
(3) If there were at that time 0.08 percent or more by weight of alcohol in the person’s blood, or greater than .02 percent if the person was operating a motor vehicle in performance of his or her duties as a school bus driver or day care driver at that time or was under the age of 21 years at that time, it shall be presumed that the person was under the influence of alcohol.
(4) Nothing in this section shall be construed as limiting the introduction of any other competent evidence relating to the question of whether the person was under the influence of alcohol.
(c) If a person under arrest refuses to submit to a chemical test or tests pursuant to Section 32-5-192, evidence of refusal shall be admissible in any civil, criminal, or quasi-criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while under the influence.
(d) No physician, registered nurse, phlebotomist, paramedic, duly licensed chemical laboratory technologist or clinical laboratory technician, fire department, rescue squad, private ambulance company, or medical facility shall incur any civil or criminal liability as a result of the proper administering of a blood test when requested in writing by a law enforcement officer to administer such a test.
(Acts 1980, No. 80-434, p. 604, §9-103; Acts 1988, No. 88-660, p. 1058, §1; Acts 1995, No. 95-784, p. 1862, §2; Acts 1996, No. 96-341, p. 416, §2; Acts 1996, No. 96-705, p. 1174, §2; Act 2021-498, §2.)
All certification permits issued by the State Board of Health shall remain in effect until their termination date or reissued by the Department of Forensic Sciences. All rules and regulations enacted under the authority of this chapter by the State Board of Health shall remain in force until rescinded, modified, or adopted by the Department of Forensic Sciences.
(Acts 1988, No. 88-660, p. 1058, §2.)
(a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel any driver’s license upon determining that the licensee was not entitled to the issuance thereof or that the licensee failed to give the correct or required information in his or her application. Upon cancellation, the licensee must surrender the license so cancelled. If the licensee refuses to surrender the license, he or she shall be guilty of a misdemeanor.
(b) The privilege of driving a motor vehicle on the highways of this state given to a nonresident shall be subject to suspension or revocation by the secretary in like manner and for like cause as a driver’s license issued may be suspended or revoked.
(c) The secretary, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, may forward a certified copy of the record to the motor vehicle administrator in the state where the person so convicted is a resident.
(d) When a nonresident’s operating privilege is suspended or revoked, the secretary shall forward a certified copy of the record of the action to the motor vehicle administrator in the state where the person resides.
(e) The secretary may suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of a driver.
(f) The secretary may give effect to conduct of a resident in another state as is provided by the laws of this state had the conduct occurred in this state.
(g) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the license of the person by the agency, the court in which the conviction is had shall require the surrender to it of any driver’s license then held by the person convicted and the court shall forward the same together with a record of such conviction to the secretary.
(h) Every court having jurisdiction over offenses committed under this article or any other law of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the secretary within five days a record of the conviction of any person in the court for a violation of any laws other than regulations governing standing or parking, and may recommend the suspension of the driver’s license of the person convicted.
(i) For the purposes of this article, the term conviction shall mean a final conviction. Also, for the purposes of this article, an unvacated forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty, or a finding of guilt of a traffic violation charge shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated.
(j) The secretary shall revoke the license of any driver upon receiving a record of the driver’s conviction of any of the following offenses:
(1) Manslaughter or homicide by vehicle resulting from the operation of a motor vehicle, including a person who is adjudicated as a youthful offender based on an underlying charge of manslaughter or homicide by vehicle, but there shall be no disclosure, other than to courts and law enforcement agencies by any entity or person of any information, documents, or records relating to the youthful offender’s arrest, conviction, or adjudication of or finding of delinquency related to the manslaughter or homicide by vehicle.
(2) Upon a first conviction of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving, the revocation shall take place only when ordered by the court rendering the conviction.
(3) Upon a second or subsequent conviction within a 10-year period, of driving or being in actual physical control of any vehicle while under the influence of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving.
(4) Any felony in the commission of which a motor vehicle is used.
(5) Failure to stop, render aid, or identify himself or herself as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
(6) Perjury or the making of a false affidavit or statement under oath to the secretary under this article or under any other law relating to the ownership or operation of motor vehicles.
(7) Conviction upon three charges of reckless driving committed within a period of 12 months.
(8) Unauthorized use of a motor vehicle belonging to another which act does not amount to a felony.
(k) The secretary may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of license is required upon conviction;
(2) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(3) Is an habitually reckless or negligent driver of a motor vehicle, such fact being established by a record of accidents or by other evidence;
(4) Is incompetent to drive a motor vehicle;
(5) Has permitted an unlawful or fraudulent use of such license;
(6) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;
(7) Has been convicted of fleeing or attempting to elude a police officer; or
(8) Has been convicted of racing on the highways.
(l) Upon suspending the license of any person as provided in this section, the secretary shall immediately notify the licensee in writing and upon his or her request shall afford him or her an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of the request in the county where the licensee resides unless the secretary and the licensee agree that the hearing may be held in some other county. The hearing shall be before the secretary, or his or her duly authorized agent. Upon the hearing, the secretary, or his or her duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses in the production of relevant books and papers and may require a reexamination of the licensee. Upon the hearing, the secretary, or his or her duly authorized agent, shall either rescind its order of suspension or, upon a showing of good cause, may continue, modify, or extend the suspension of the licensee or revoke the license. If the license has been suspended as a result of the licensee’s driving while under the influence of alcohol, the secretary, or his or her agent conducting the hearing, shall take into account, among other relevant factors, the licensee’s successful completion of any duly established “highway intoxication seminar,” “DWI counterattack course,” or similar educational program designed for problem drinking drivers. If the hearing is conducted by a duly authorized agent instead of by the secretary, the action of the agent shall be approved by the secretary.
(m) At the end of the period of suspension a license surrendered to the secretary pursuant to subsection (n), the license shall be returned to the licensee.
(n) The secretary, upon cancelling, suspending, or revoking a license, shall require that the license be surrendered to and be retained by the secretary. Any person whose license has been cancelled, suspended, or revoked shall immediately return his or her license to the secretary. If the licensee refuses to surrender the license, he or she shall be guilty of a misdemeanor.
(o) Any resident or nonresident whose driver’s license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this section shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this article.
(p) Any person denied a license or whose license has been cancelled, suspended, or revoked by the secretary except where the cancellation or revocation is mandatory under this article shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the circuit court in the county where the person resides. In the case of cancellation, suspension, or revocation of a nonresident’s operating privilege, in the county where the main office of the secretary is located. The court is vested with jurisdiction and it shall be its duty to set the matter for hearing upon 30 days’ written notice to the secretary and to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under this section.
(Acts 1980, No. 80-434, p. 604, §9-106; Acts 1981, No. 81-803, p. 1412, §1; Acts 1993, No. 93-622, p. 1040, §1; Act 2010-599, p. 1346, §1; Act 2016-152, p. 383, §1; Act 2021-387, §1.)
Notwithstanding any other provision of law and for purposes of prosecutions under Section 32-5A-191, a law enforcement witness may give testimony solely on the issue of impairment, and not on the issue of specific alcohol or drug concentration levels, based on the results of a horizontal gaze nystagmus test when the test is administered in accordance with the individual’s training and administered by an individual who has successfully completed training in the horizontal gaze nystagmus test.
(Act 2021-498, §3.)
[Repealed]
Repealed by Act 98-470, § 2, effective May 1, 1998.
(Acts 1995, No. 95-580, p. 1219, §1.)
[Repealed]
Repealed by Act 98-470, § 2, effective May 1, 1998.
(Acts 1995, No. 95-580, p. 1219, §2.)
[Repealed]
Repealed by Act 98-470, § 2, effective May 1, 1998.
(Acts 1995, No. 95-580, p. 1219, §3.)
[Repealed]
Repealed by Act 98-470, § 2, effective May 1, 1998.
(Acts 1995, No. 95-580, p. 1219, §4.)
[Repealed]
Repealed by Act 98-470, § 2, effective May 1, 1998.
(Acts 1995, No. 95-580, p. 1219, §5.)
[Repealed]
Repealed by Act 98-470, § 2, effective May 1, 1998.
(Acts 1995, No. 95-580, p. 1219, §6.)
(a) A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him or her, unless otherwise directed by a police officer.
(b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in Sections 32-5A-32 and 32-5A-33.
(c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
(Acts 1980, No. 80-434, p. 604, §5-101.)
(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
(c) Subsection (a) shall not apply under the conditions stated in Section 32-5A-212(b).
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(Acts 1980, No. 80-434, p. 604, §5-102.)
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
(Acts 1980, No. 80-434, p. 604, §5-103.)
Notwithstanding any provision of law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or first responder and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person.
(Acts 1980, No. 80-434, p. 604, §5-104; Act 2024-332, §2; Act 2024-388, §2.)
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(Acts 1980, No. 80-434, p. 604, §5-105.)
(a) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
(c) Where neither a sidewalk nor a shoulder is available any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and if on a two-way roadway, shall walk only on the left side of the roadway.
(d) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
(Acts 1980, No. 80-434, p. 604, §5-106.)
(a) No person shall stand in a roadway for the purpose of soliciting a ride.
(b) No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle, nor for the purpose of distributing any article, unless otherwise authorized by official permit of the governing body of the city or county having jurisdiction over the highway.
(c) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(d) No person shall fish from a bridge, viaduct, or trestle, or the approaches thereto, within the State of Alabama, unless otherwise authorized by the governing body of the city or county having jurisdiction over the highway or from the State of Alabama in the case of state highways. The authorizing authority shall erect and maintain appropriate signs giving notice that fishing is allowed.
(Acts 1980, No. 80-434, p. 604, §5-107; Acts 1981, No. 81-803, p. 1412, §1.)
No vehicle shall at any time be driven through or within a safety zone.
(Acts 1980, No. 80-434, p. 604, §5-108.)
The driver of a vehicle shall yield the right-of-way to any pedestrian or first responder on a sidewalk.
(Acts 1980, No. 80-434, p. 604, §5-109; Act 2024-332, §2; Act 2024-388, §2.)
(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 32-5-213 and visual signals meeting the requirements of law, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.
(b) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.
(Acts 1980, No. 80-434, p. 604, §5-110.)
The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog, or any person employed by an accredited school for training guide dogs who provides notice through a sign or other method that he or she is training the dog accompanying him or her as a guide dog for the blind.
(Acts 1980, No. 80-434, p. 604, §5-111; Act 99-698, 2nd Sp. Sess., p. 207, §1.)
A pedestrian who is under the influence of alcohol or any drug to a degree which renders himself or herself a hazard shall not walk or be upon a highway.
(Acts 1980, No. 80-434, p. 604, §5-112.)
(a) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.
(b) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
(Acts 1980, No. 80-434, p. 604, §5-113.)
(a) Subject to subsection (b), each person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this article and except as to those provisions of this chapter which by their nature can have no application.
(b)(1) Each person operating a motorcycle on any public road, street, or highway in this state shall have successfully passed a motorcycle test designated by the Alabama Law Enforcement Agency and shall have a motorcycle Class M displayed on his or her driver’s license along with the regular class of the license or have been issued a Class M motorcycle license.
(2) A person may also obtain the Class M license by successfully completing a written motorcycle test designated by the Alabama Law Enforcement Agency or by completing an Alabama Traffic Safety Center/Alabama Motorcycle Safety Program, Motorcycle Safety Foundation, Basic Riders Course or Basic Rider Course II.
(3) A person 17 years of age or younger operating a motorcycle shall be subject to the operating hours, exceptions, and suspensions provided in Section 32-6-7.2.
(Acts 1980, No. 80-434, p. 604, §13-101; Act 2015-223, §1.)
(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
(c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him or her from keeping both hands on the handlebars.
(d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
(Acts 1980, No. 80-434, p. 604, §13-102.)
(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(d) Motorcycles shall not be operated more than two abreast in a single lane.
(e) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.
(Acts 1980, No. 80-434, p. 604, §13-103.)
No person riding upon a motorcycle shall attach himself or herself or the motorcycle to any other vehicle on a roadway.
(Acts 1980, No. 80-434, p. 604, §13-104.)
(a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.
(b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator.
(Acts 1980, No. 80-434, p. 604, §13-105.)
(a) No person shall operate or ride upon a motorcycle or motor-driven cycle unless he or she is wearing protective headgear that complies with standards established by Section 32-12-41.
(b) No person shall operate or ride upon a motorcycle or motor-driven cycle unless he or she is wearing shoes.
(c)(1) This section shall not apply to persons riding within an enclosed cab.
(2) This section does not apply to the operator of an autocycle, as defined under Section 32-6A-1.
(d) The Secretary of the Alabama State Law Enforcement Agency may approve or disapprove protective headgear and may adopt and enforce rules establishing standards and specifications for the approval thereof. The secretary shall publish lists of all protective headgear which have been approved by him or her.
(e) No person shall knowingly permit or allow any juvenile for whom he or she is a parent or guardian to operate or ride upon a motorcycle or motor-driven cycle while not wearing a protective helmet of the kind authorized by Section 32-12-41.
(f) No person shall knowingly permit or allow any juvenile for whom he or she is a parent or guardian to operate or ride upon a motorcycle or motor-driven cycle while not wearing shoes.
(g) No manufacturer, retailer, or other person shall sell or offer for sale motorcycle helmets that fail to comply with the standards established by the Secretary of the Alabama State Law Enforcement Agency pursuant to this section.
(Acts 1980, No. 80-434, p. 604, §13-106; Act 2022-433, §1.)
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to those provisions of this chapter which by their nature can have no application.
(Acts 1980, No. 80-434, p. 604, §12-102.)
(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
(Acts 1980, No. 80-434, p. 604, §12-103.)
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Acts 1980, No. 80-434, p. 604, §12-104.)
(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
(c) Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
(d) A person riding a bicycle may give a hand signal for a right turn by extending his or her right arm and hand horizontally on the right side of the bicycle. A child under the age of sixteen shall not be required to comply with the right side signalling.
(Acts 1980, No. 80-434, p. 604, §12-105; Act 2012-220, p. 398, §1.)
No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.
(Acts 1980, No. 80-434, p. 604, §12-106.)
(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the department which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
(b) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
(Acts 1980, No. 80-434, p. 604, §12-107.)
(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article.
(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
(c) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
(Acts 1980, No. 80-434, p. 604, §12-101.)
(a) Except as otherwise provided in this title, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle. An electric bicycle shall be deemed a vehicle to the same extent as a bicycle.
(b) An electric bicycle or individual operating an electric bicycle is not subject to the requirements of this title relating to driver’s licenses, registration, certificates of title, off-road vehicles, all-terrain vehicles, motor vehicle dealers, license tags or plates, financial responsibility, or motor vehicle insurance.
(c) On and after January 1, 2022, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed in a prominent location to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle. The label shall be printed in a typeface and font legible to the operator.
(d) A person may not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle unless the label indicating the classification required under subsection (c) is replaced after modification.
(e) An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. Part 1512.
(f) An electric bicycle shall be manufactured so that the electric motor is disengaged or otherwise ceases to propel the electric bicycle when the rider stops pedaling or when the brakes are applied.
(g) An electric bicycle may be ridden in places where bicycles are allowed, including, but not limited to, streets, roadways, highways, shoulders, bicycle lanes, and bicycle or multi-use paths.
(h)(1) Following notice and a public hearing, a county, municipality, or other political subdivision of the state that has jurisdiction over a bicycle or multi-use path may do both of the following:
a. Prohibit the operation of Class 1 or Class 2 electric bicycles on bicycle or multi-use paths if the entity finds that the prohibition is needed for safety reasons or compliance with other laws or legal obligations.
b. Prohibit the operation of Class 3 electric bicycles on bicycle or multi-use paths.
(2) This subsection does not apply to a trail that is specifically designated as non-motorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surface materials.
(i) An individual under the age of 16 years may not operate a Class 3 electric bicycle. An individual under the age of 16 years may ride as a passenger on a Class 3 electric bicycle if the bicycle is designed to accommodate passengers.
(j) All operators and passengers of Class 3 electric bicycles shall wear a properly fitted and fastened protective bicycle helmet that meets the standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials, or standards subsequently established by those entities. A violation of this subsection is not admissible as evidence of negligence or negligence per se in any action.
(k) All Class 3 electric bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.
(Act 2021-134, §2.)
This article shall be known and may be cited as the “Brad Hudson-Alabama Bicycle Safety Act of 1995.”
(Acts 1995, No. 95-198, p. 306, §1.)
As used in this article, the following words shall have the following meanings:
(1) BICYCLE. A human-powered vehicle with two wheels in tandem design to transport by the act of pedaling one or more persons seated on one or more saddle seats on its frame. “Bicycle” includes, but is not limited to, a human-powered vehicle designed to transport by the act of pedaling which has more than two wheels when the vehicle is used on a public roadway, public bicycle path, or other public road or right-of-way, but does not include a tricycle.
(2) OPERATOR. A person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
(3) OTHER PUBLIC RIGHT-OF-WAY. Any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of the state or a local political subdivision thereof.
(4) PASSENGER. Any person who travels on a bicycle in any manner except as an operator.
(5) PROTECTIVE BICYCLE HELMET. A piece of headgear which meets or exceeds the impact standard for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation, or which is otherwise approved by the Alabama Department of Public Safety.
(6) PUBLIC BICYCLE PATH. A right-of-way under the jurisdiction and control of the state, or a local political subdivision thereof, for use primarily by bicyclists and pedestrians.
(7) PUBLIC ROADWAY. A right-of-way under the jurisdiction and control of the state or a local political subdivision thereof for use primarily by motor vehicular traffic.
(8) RESTRAINING SEAT. A seat separate from the saddle seat of the operator of the bicycle or a bicycle trailer or similar product that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in the seat and protect the passenger from the moving parts of the bicycle.
(9) TRICYCLE. A three-wheeled human-powered vehicle designed for use by a child under the age of six.
(Acts 1995, No. 95-198, p. 306, §2.)
The purpose of this article is to reduce the incidence of disability and death resulting from injuries incurred in bicycling accidents by requiring that, while riding on a bicycle on public roadways, public bicycle paths, or other public rights-of-way, all operators and passengers who are under 16 years of age to wear approved protective bicycle helmets, and by requiring that all bicycle passengers who weigh less than 40 pounds or are less than 40 inches in height be seated in separate restraining seats.
(Acts 1995, No. 95-198, p. 306, §3.)
It is unlawful for any person to use a bicycle on a public roadway, public bicycle path, other public rights-of-way, state, city, or county public park under any one of the following conditions:
(1) For any person under the age of 16 years to operate or be a passenger on a bicycle unless at all times the person wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(2) For any person to operate a bicycle with a passenger who weighs less than 40 pounds or is less than 40 inches in height unless the passenger is properly seated in and adequately secured in a restraining seat.
(3) For any parent or legal guardian of a person under the age of 16 years to knowingly permit the person to operate or be a passenger on a bicycle in violation of subdivision (1) or (2).
(Acts 1995, No. 95-198, p. 306, §4.)
(a) A person regularly engaged in the business of renting bicycles shall require each person seeking to rent a bicycle to provide his or her signature either on the rental form or on a separate form indicating both of the following:
(1) Receipt of a written explanation of the provisions of this article and the penalties for violations.
(2) A statement concerning whether a person under the age of 16 years will operate the bicycle in an area where the use of a helmet is required.
(b) A person regularly engaged in the business of renting bicycles shall provide a helmet to any person who will operate the bicycle in an area requiring a helmet, if the person does not already have a helmet in his or her possession. A reasonable fee may be charged for the helmet rental.
(c) A person regularly engaged in the business of selling or renting bicycles who complies with this article shall not be liable in a civil action for damages for any physical injuries sustained by a bicycle operator or passenger as a result of the operator’s or passenger’s failure to wear a helmet or to wear a properly fitted or fastened helmet in violation of this article.
(Acts 1995, No. 95-198, p. 306, §5.)
It is the legislative intent to implement an effective statewide bicycle safety education program to reduce disability and death resulting from improper or unsafe bicycle operation. Violations of Section 32-5A-283 shall be handled in the following manner:
(1) On the first offense, the police officer shall counsel and provide written information to the child relative to bicycle helmet safety. The officer shall instruct the child to deliver the written information to the parent.
(2) On the second offense, the police officer shall counsel the child and provide written information on bicycle helmet safety. A warning citation shall be issued to the child to give to the parent. The citation shall instruct the parent or guardian to contact the police department for further information about the law and where to obtain a bicycle helmet.
(3) Beginning on July 1, 1996, upon a third offense, the police officer shall counsel the child, confiscate the bicycle, and take the child to his or her residence. The officer shall then return the bicycle and give a warning ticket to the parent or guardian. If the parent or guardian is unavailable, the ticket shall be left at the residence with instructions to the parent or guardian to pick up the bicycle at the police department.
(4) Beginning on July 1, 1996, upon a fourth offense, the police officer shall confiscate the bicycle, take the child to his or her residence, whereupon a citation for fifty dollars ($50) will be issued to the parent or guardian of the child. No court costs nor fees may be added to the fine or penalty. The fine or penalty shall be waived or suspended if the operator or passenger presents by the court date, proof of purchase or evidence of having provided a protective bicycle helmet or restraining seat and intends to use or causes to be used or intends to cause to be used the helmet as provided by law.
(5) Any fine or penalty monies shall be earmarked and used separately by the local school system for the purpose of safety education or the local municipality for the purchase of helmets for the financially disadvantaged.
(6) The Traffic Safety Center of the University of Montevallo, in conjunction with the Child Safety Institute at Children’s Hospital of Alabama, shall furnish all materials, handouts, brochures, and other information related to bicycle safety used by police departments.
(Acts 1995, No. 95-198, p. 306, §6.)
A municipality may establish a more comprehensive bicycle safety program than that imposed by this article by local ordinance.
(Acts 1995, No. 95-198, p. 306, §7.)
(a) The Secretary of the Alabama State Law Enforcement Agency, or his or her agent, shall suspend the driving privilege of any person upon a determination that the person drove or was in actual physical control of a motor vehicle while the amount of alcohol in the blood of the person was above the legal limit.
(b) The secretary, or his or her agent, shall suspend the driving privilege of any person upon a determination that the person refused a test to determine the drug or alcohol content in the blood of the person as provided in Section 32-5-192.
(c) The secretary, or his or her agent, shall make a determination pursuant to subsections (a) and (b) based on the report of a law enforcement officer required in Section 32-5A-301, and this determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under Section 32-5A-307.
(d) The determination of these facts by the secretary, or his or her agent, is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence.
(Acts 1996, No. 96-322, p. 388, §1; Act 2021-498, §2.)
(a) A law enforcement officer who arrests any person for a violation of Section 32-5A-191 shall within five days after the day of arrest, excluding weekends and state holidays, hand deliver, mail, or submit electronically to the agency a sworn report of all information relevant to the enforcement action, including information which adequately identifies the arrested person, a statement of the officer’s grounds for belief that the person violated Section 32-5A-191, the results of any chemical test which was conducted, a statement if the person refused to submit to a test, and a copy of the citation or complaint filed with the court.
(b) The report required by this section shall be made on forms supplied by the agency or in a manner specified by rules of the agency.
(c) The agency shall not take action on any report not sworn to and not mailed and postmarked or received by the agency within five days after the day of arrest, excluding weekends and state holidays.
(Acts 1996, No. 96-322, p. 388, §2; Act 99-598, p. 1383, §1; Act 2014-222, p. 712, §1; Act 2021-498, §2.)
(a) Upon receipt of the report of the law enforcement officer, the Secretary of the Alabama State Law Enforcement Agency, or his or her agent, shall make the determination described in Section 32-5A-300. If the secretary, or his or her agent, determines that the person is subject to driving privilege suspension, the secretary, or the agent, shall issue a notice of the suspension.
(b) The notice of suspension shall be mailed to the person at the last known address shown on the agency’s record. The notice is deemed received three days after mailing.
(c) The notice of suspension shall clearly specify the reason and statutory grounds for suspension, the effective date of the suspension, the right of the person to request an administrative review and a hearing, the procedure for requesting an administrative review and a hearing, and the date by which a request for an administrative review is required to be made in order to receive a determination prior to the effective date of the suspension.
(d) If the secretary, or his or her agent, determines that the person is not subject to driving privilege suspension, the secretary, or his or her agent, shall notify the person of the determination.
(Acts 1996, No. 96-322, p. 388, §3; Act 99-598, p. 1383, §1; Act 2021-498, §2.)
(a) If the chemical test results for a person charged with a violation of Section 32-5A-191 show 0.08 percent or more by weight of alcohol in the blood of the person, or the person refuses a test, the officer, acting on behalf of the Secretary of the Alabama State Law Enforcement Agency, shall serve a notice of intended suspension personally on the arrested person.
(b) When serving a notice of intended suspension, the law enforcement officer shall take possession of any driver’s license issued by this state which is held by the person. When taking possession of a valid driver’s license issued by this state, the officer, acting on behalf of the secretary, shall issue a temporary driving permit which is valid for 30 days after the date of issuance.
(c) A copy of the completed notice of intended suspension form, a copy of any completed temporary driving permit form, and any driver’s license taken into possession under this section shall be forwarded within five days to the secretary by the officer.
(d) The agency shall provide forms for notice of intended suspension and for temporary driving permits to law enforcement agencies.
(Acts 1996, No. 96-322, p. 388, §4; Act 99-598, p. 1383, §1; Act 2021-498, §2.)
(a) A driving privilege suspension shall become effective 45 days after the person has received a notice of intended suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension by mail as provided in Section 32-5A-302 if no notice of intended suspension was served.
(b) The period of driving privilege suspension under this section shall be as follows:
(1) Ninety days if the driving record of a person shows no prior alcohol or drug-related enforcement contacts during the immediately preceding 10 years.
(2) One year if the driving record of a person shows one prior alcohol or drug-related enforcement contact during the immediately preceding 10 years.
(3) Three years if the driving record of a person shows two prior alcohol or drug-related enforcement contacts during the immediately preceding 10 years.
(4) Five years if the driving record of a person shows three or more prior alcohol or drug-related enforcement contacts during the immediately preceding 10 years.
(5) For purposes of this section, “alcohol or drug-related enforcement contacts” shall include all suspensions under this article, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a motor vehicle while having an unlawful percent of alcohol in the blood, or while under the influence of alcohol or drugs, or alcohol and drugs except that no more than one alcohol or drug-related contact on any one DUI arrest may be considered by the agency in determining the period of suspension.
(c) If a license is suspended under this section for having 0.08 or more by weight of alcohol in the blood of the person and the person is also convicted on criminal charges arising out of the same occurrence for a violation of Section 32-5A-191, the suspension under this section shall be imposed, giving credit for suspension time served toward the duration of suspension or revocation required under Section 32-5A-191. If a license is suspended under this section for having 0.08 or more by weight of alcohol in the blood of the person and the criminal charge against the person for violation of Section 32-5A-191 is dismissed, nolle prossed, or the person is acquitted of the charge, the secretary shall rescind the suspension order and remove the administrative suspension from the person’s driving record, except for those persons holding a commercial driver’s license, a commercial learner’s license, or a person operating a commercial motor vehicle.
(Acts 1996, No. 96-322, p. 388, §5; Act 99-598, p. 1383, §1; Act 2014-222, p. 712, §1; Act 2016-152, p. 383, §1; Act 2021-387, §1; Act 2021-498, §2.)
(a) The periods of suspension specified by Section 32-5A-304 are intended to be minimum periods of suspension for the described conduct. No driving privilege shall be restored under any circumstances and no license of any classification shall be issued during the suspension period, except as provided pursuant to subsection (c) of Section 32-5A-304.
(b) No driving privilege may be restored until all applicable reinstatement fees have been paid.
(Acts 1996, No. 96-322, p. 388, §6; Act 99-598, p. 1383, §1.)
(a) Any person who has received a notice of suspension or a notice of intended suspension under this article may request an administrative review. The request may be accompanied by a sworn statement or statements and any other relevant evidence which the person wants the Secretary of the Alabama State Law Enforcement Agency, or his or her agent, to consider in reviewing the determination made pursuant to Sections 32-5A-300 and 32-5A-302.
(b) When a request for an administrative review is made, the secretary, or his or her agent, shall review the determination made pursuant to Sections 32-5A-300 and 32-5A-302. In the review, the secretary, or his or her agent, shall give consideration to any relevant sworn statement or other evidence accompanying the request for the review, and to the sworn statement of the law enforcement officer required by Section 32-5A-301. If the secretary, or his or her agent, determines, by a preponderance of the evidence, that the person drove or was in actual physical control of a motor vehicle with 0.08 percent or more by weight of alcohol in the blood, or the person refused the test, the secretary, or his or her agent, shall sustain the order of suspension or suspend the driver’s license or driving privilege of the person if no order of suspension has been issued. If the evidence does not support such a determination, the secretary, or his or her agent, shall rescind the order of suspension or take no suspension action if an order of suspension has not been issued. The determination by the secretary, or his or her agent, upon administrative review is final unless a hearing is requested under Section 32-5A-307.
(c) The secretary, or his or her agent, shall make a determination upon administrative review prior to the effective date of the suspension order if the request for review is received by the agency within 10 days following service of the notice of intended suspension. Where the request for administrative review is received by the agency more than 10 days following service of the notice of intended suspension, the secretary, or his or her agent, shall make the determination within 30 days following the receipt of the request for review.
(d) A request for administrative review shall not stay the driving privilege suspension or revocation. If the secretary, or his or her agent, is unable to make a determination within the time limits specified in subsection (c), the secretary or agent shall stay the suspension pending the determination.
(e) The request for administrative review shall be in writing and may be made by mail or in person to the Alabama State Law Enforcement Agency, Driver License Division, Montgomery, Alabama. A person may request an administrative review at any time within 90 days of the notice of suspension under Section 32-5A-302 or the notice of intended suspension under Section 32-5A-303.
(f) A person may request and be granted a hearing under Section 32-5A-307 without first requesting administrative review under this section. An administrative review is not available after a hearing is held.
(Acts 1996, No. 96-322, p. 388, §7; Act 99-598, p. 1383, §1; Act 2021-498, §2.)
(a) Any person who has received a notice of intended suspension pursuant to Section 32-5A-303 or a notice of suspension pursuant to Section 32-5A-302 where no notice of intended suspension was served may request an administrative hearing. A request for an administrative hearing shall be in writing and shall be hand delivered or mailed to the Alabama State Law Enforcement Agency, Driver License Division, in Montgomery, Alabama. The request shall be received by the agency or be mailed and postmarked within 10 days of the notice of intended suspension issued pursuant to Section 32-5A-303 or the notice of suspension issued pursuant to Section 32-5A-302 where no notice of intended suspension was served. Failure to request an administrative hearing within 10 days shall constitute a waiver of the person’s right to an administrative hearing and judicial review under this article. If the driver’s license of the person has not been previously surrendered, it shall be surrendered at the hearing. A request for a hearing shall not stay the driving privilege suspension.
(b) The hearing shall be scheduled to be held as quickly as practicable and not more than 30 days after the filing of the request for a hearing. The hearing shall be held at a location designated by the Secretary of the Alabama State Law Enforcement Agency unless the parties agree to a different location. The agency shall provide a written notice of the time and place of the hearing to the party requesting the hearing at least five days prior to the scheduled hearing, unless the parties agree to waive this requirement.
(c) The hearing shall be before the secretary or his or her duly authorized agent. Upon the hearing, the secretary, or his or her duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a re-examination of the licensee. Upon the hearing, the secretary, or his or her duly authorized agent, shall make a final determination which either rescinds the order of suspension or, for good cause appearing, continues, modifies, or extends the suspension of the licensee. If the hearing is conducted by a duly authorized agent instead of by the secretary, the determination of the agency shall not be final until approved by the secretary.
(d) The sole issues at the hearing shall be whether by a preponderance of the evidence the person drove or was in actual physical control of a motor vehicle with 0.08 percent or more by weight of alcohol in the blood, or whether the person refused a test as provided in Section 32-5-192.
(e) The decision of the secretary shall be rendered in writing, and shall be mailed to the person who requested the hearing at their last known address on file with the agency.
(f) If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived.
(g) The procedures set forth in this article shall be the sole and exclusive manner to determine the administration of this article. The Alabama Administrative Procedure Act in Sections 41-22-1 to 41-22-27, inclusive, shall not apply.
(Acts 1996, No. 96-322, p. 388, §8; Act 99-598, p. 1383, §1; Act 2021-498, §2.)
Within 30 days of the issuance of the final determination of the agency following a hearing under Section 32-5A-307, a person aggrieved by the determination shall have the right to file a petition in the circuit court of the county where the arrest was made for judicial review. The appeal shall be taken by serving written notice of the appeal upon the Secretary of the Alabama State Law Enforcement Agency, which service shall be made by delivering a copy of the notice to the secretary in Montgomery, Alabama, and filing the original with the clerk of the court to which the appeal is taken. The court shall set the matter for hearing upon 30 days’ written notice to the secretary. At the hearing, the court may take testimony and examine the facts of the case. After the hearing, the court may either reverse or sustain the final determination of the agency. The filing of a petition for judicial review shall not stay the suspension order.
(Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p. 1383, §1; Act 2021-498, §2.)
This article applies to conduct occurring after its effective date. Conduct occurring before the effective date of this article shall be governed by pre-existing law.
(Acts 1996, No. 96-322, p. 388, §10.)
(a) As used in this section, the following terms are defined:
(1) OPEN CONTAINER. A container which is other than in the manufacturer’s sealed condition.
(2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way when any part is open to the use of the public for purposes of motor vehicle travel.
(b) It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state.
(c) This section shall not apply to:
(1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver’s license.
(2) A passenger of a bus for which the driver holds a valid commercial driver’s license.
(3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer.
(4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment.
(5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck.
(6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle.
(7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway.
(d) This section shall not be construed to prohibit the transporting of alcoholic beverages in closed containers.
(e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed.
(f) The penalties provided for violation of this section shall not constitute a moving violation and shall not have any effect on the driver’s license points.
(Act 2000-670, p. 1336, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) SMOKE. The same meaning as smoking in Section 22-15A-3.
(2) TOBACCO PRODUCT. The same meaning as in Section 28-11-2.
(3) VAPE. To use an electronic nicotine delivery system as defined in Section 28-11-2.
(b)(1) It is unlawful for a person to smoke a tobacco product or vape in an enclosed motor vehicle when a child 14 years of age or younger is present in the enclosed motor vehicle.
(2) This section applies to all motor vehicles and whether the motor vehicle is in motion or at rest, or whether the windows of the motor vehicle are open or closed.
(c) A violation of this section is punishable by a fine not exceeding one hundred dollars ($100) for each violation.
(d) A violation of this section may be investigated and charged only as a secondary violation following the lawful stop of a motor vehicle based on probable cause of a separate violation of law, and the issuance of a citation or warrant of arrest for that violation.
(Act 2023-93, §1.)
[Repealed]
REPEALED BY ACT 2023-478, EFFECTIVE JUNE 14, 2023.
(a) For purposes of this article, the following words have the following meanings:
(1) WIRELESS TELECOMMUNICATION DEVICE. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term “wireless telecommunication device” does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(2) WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.
(b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.
(c) A person who violates subsection (b) is subject to fines as follows:
(1) Twenty-five dollars ($25) for a first violation.
(2) Fifty dollars ($50) for a second violation.
(3) Seventy-five dollars ($75) for a third or subsequent violation.
(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.
(e) The following uses of wireless communication devices shall not be subject to the restrictions in this section:
(1) An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(2) An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, road, or street.
(3) An individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre-programmed with the desired coordinates. The programming of coordinates while operating a vehicle remains a violation of this section.
(Act 2012-291, p. 585, §1.)
(a) As used in this section, the following terms have the following meanings:
(1) STAND-ALONE ELECTRONIC DEVICE. A device other than a wireless telecommunications device which stores audio or video data files to be retrieved on demand by a user.
(2) UTILITY SERVICES. Includes electric, natural gas, water, waste-water, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure.
(3) WIRELESS TELECOMMUNICATIONS DEVICE. A cellular telephone, portable telephone, text-messaging device, personal digital assistant, stand-alone computer, global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. The term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, safety, or remote diagnostics system.
(b) An individual shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions prohibited by law which shall distract the individual from the safe operation of the vehicle.
(c) An individual operates a vehicle in a distracted manner in violation of this section if the individual is observed crossing in and out of a traffic lane without using a turn signal, swerving, or otherwise operating the vehicle in an impaired manner while doing any of the following:
(1) Physically holding a wireless telecommunications device.
(2) Physically holding or supporting, with any part of his or her body, a stand-alone electronic device.
(3) Writing, sending, or reading any text-based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to either of the following:
a. A voice-based communication that is automatically converted by the device to be sent as a message in a written form.
b. The use of the device for navigation of the vehicle or for global positioning system purposes.
(4) Watching a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of the vehicle.
(5) Recording or broadcasting a video on a wireless telecommunications device or stand-alone electronic device; provided that the prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.
(6) Using more than a single button or swipe of a finger on a wireless telecommunications device to initiate or terminate a voice-communication.
(7) Reaching for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be in a seated driving position properly restrained by a safety belt.
(d) Each violation of this section shall constitute a separate offense.
(e)(1) Except as provided for in subdivision (2), any person convicted of violating this section shall be guilty of a Class C misdemeanor which shall be punished as follows:
a. For a first conviction to a charge of violating this section within the previous 24-month period of time, as measured from the dates any previous convictions were obtained to the date the current conviction is obtained, a fine of not more than fifty dollars ($50).
b. For a second conviction within the previous 24-month period of time, as measured from the dates of any previous convictions were obtained to the date of the current conviction is obtained, a fine of not more than one hundred dollars ($100).
c. For a third or subsequent conviction within the previous 24-month period of time, as measured from the dates of any previous convictions were obtained to the date of the current conviction is obtained, a fine of not more than one hundred fifty dollars ($150).
(2) Any individual appearing before a court for a first charge of violating subdivision (c)(1) who produces in court a device or proof of purchase of a device that would allow the individual to comply with the subdivision in the future shall not be guilty of the offense. The court shall require the individual to affirm that they have not previously utilized the privilege under this subdivision.
(3) No court costs may be assessed for a violation of this section.
(f) An individual may not be placed under custodial arrest solely for a violation of this section.
(g) This section does not apply when the prohibited conduct occurred under any of the following conditions:
(1) Using a wireless telecommunications device to obtain emergency services, including, but not limited to, an emergency call to a law enforcement agency, healthcare provider, fire department, or other emergency services agency or entity.
(2) Using a wireless telecommunications device while the motor vehicle is parked on the shoulder of the highway, road, or street.
(3) Using a wireless telecommunications device as a global positioning or navigation system to receive driving directions; provided, however, the manual input of navigation coordinates while operating a motor vehicle is a violation of this article.
(4) Using an earpiece, a headphone device, steering wheel controls, speaker phone or any voice-activated technology, or other device worn on the person or mounted onto the dashboard, center console, windshield, or other part of the vehicle to conduct substantially hands-free voice-based wireless communications.
(5) Using a continuous recording device that operates within or outside the vehicle, including, but not limited to, a dash camera or backup camera.
(6) Using a wireless telecommunications device by an employee or contractor of a utility services provider within the scope of his or her employment while responding to a utility emergency or performing other critical utility services.
(7) Using a wireless telecommunications device by a law enforcement officer, emergency medical services personnel, ambulance operator, firefighter, volunteer firefighter, or other similarly employed public safety first responder during the performance of his or her official duties.
(8) Using an ignition interlock device, as defined in Section 32-5A-191.4.
(9) For an individual 18 years of age or older, using a wireless telecommunications device in a manner that requires the physical use of the individual’s hand while operating a motor vehicle if both of the following occur:
a. The device is mounted to the vehicle, including the windshield, dashboard, or center console of the vehicle, and the device does not create an unsafe obstruction of the individual’s view of the road.
b. The individual’s hand is used to activate or deactivate a feature or function of the device with the motion of one swipe or tap of the individual’s finger, and the swipe or tap does not activate the camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than functions or features related to the transportation of individuals or property for compensation or payment of a fee.
(10) Using a wireless telecommunications device by a licensed physician while responding to an emergency medical situation.
(h) Beginning on June 14, 2023, and continuing for 12 months thereafter, for any violation of this section, a law enforcement officer may only issue a written warning. No points shall be entered on the driving record of any individual who receives a warning under this subsection.
(Act 2023-478, §2.)
(a) A first conviction of this article shall be entered on the driving record of any individual charged under this article as a one-point violation.
(b) A second conviction of this article shall be entered on the driving record of any individual charged under this article as a two-point violation.
(c) A third or subsequent conviction of this article shall be entered on the driving record of any individual charged under this article as a three-point violation.
(Act 2012-291, p. 585, §2; Act 2023-478, §3.)
(a) In any case brought by a law enforcement officer employed by the Department of Public Safety all fines shall be allocated to the State General Fund.
(b) Each state, county, and municipal law enforcement agency shall maintain statistical information on traffic stops made pursuant to this article on minority groups and report that information monthly to the Department of Public Safety.
(Act 2012-291, p. 585, §3.)
This article shall be known and may be cited as the Alabama Work Zone Safety Act.
(Act 2026-475, §1.)
(a) The Alabama Work Zone Safety Act is enacted as a pilot program and shall continue through the completion of all work done in the work zone designated by the Department of Transportation, unless continued by act of the Legislature.
(b) The Alabama Department of Transportation and the Alabama State Law Enforcement Agency (ALEA) shall collaborate to implement the pilot program for one work zone conducted on the interstate and shall finalize a plan for the implementation of the pilot program by October 1, 2026. The plan shall contemplate a gradual rollout of the program and the promotion of driver awareness of the pending use of the program in work zones. The plan shall ensure that the full scale implementation and enforcement of the program shall not occur sooner than November 16, 2026, to ensure that the implementation of the program is phased in. To satisfy this deadline, the department and ALEA may make necessary emergency procurements pursuant to Sections 39-2-2 and 41-16-53 and may adopt emergency rules pursuant to Section 41-22-5 to govern the use of devices in work zones; ensure adequate notice for drivers, signage rules, and clear protocol for installation and placement of enforcement tools; provide for the use of speed detection to aid traffic law enforcement; and maintain statistical data to measure the effectiveness of tools on driver behavior.
(c) Not later than March 1, 2027, the Alabama Department of Transportation and the Alabama State Law Enforcement Agency shall prepare an interim report to the Legislature summarizing the implementation of this pilot program and shall provide data measuring the effectiveness of the pilot program on creating safer work zones.
(Act 2026-475, §3.)
As used in this article, the following terms have the following meanings:
(1) ALEA. The Alabama State Law Enforcement Agency.
(2) AUTHORITY. The Alabama Toll Road, Bridge and Tunnel Authority.
(3) AUTOMATED PHOTOGRAPHIC SPEED ENFORCEMENT SYSTEM. A photographic speed enforcement system that is capable of automatically recording digital images and speed of motor vehicles.
(4) CIVIL TRAFFIC CITATION. A non-criminal citation created pursuant to this article, the penalty for which is a civil fine, and the enforceability of which is accomplished through civil action.
(5) DEPARTMENT. The Alabama Department of Transportation.
(6) OWNER. The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country, except as follows:
a. The term does not include a motor vehicle rental or leasing company when a motor vehicle registered by the company is rented or leased to another person under a rental or lease agreement with the company, in which event “owner” means the person to whom the vehicle is rented or leased.
b. The term does not include any motor vehicle displaying a plate that indicates the motor vehicle is being operated by an individual other than the owner of the motor vehicle, including a dealer license plate, fleet plate, U.S. military plate, utility plate, government plate, federal plate, or commercial motor vehicle plate, in which event “owner” means the person to whom the vehicle is assigned for use.
(7) SPEED ENFORCEMENT SYSTEM OPERATOR. Any of the following individuals who are trained and certified to operate a photographic speed enforcement system:
a. An employee of ALEA or a county or municipal law enforcement agency.
b. An employee of the department or authority.
c. A third party approved by the department or authority to operate or install a photographic speed enforcement system.
(8) SPEEDING VIOLATION. Any violation of a motor vehicle at a speed that exceeds 10 miles per hour over the posted speed limit.
(9) WORK ZONE. A segment of a state, U.S., or interstate highway designated by the department or the authority where construction, maintenance, inspection, surveying, or utility work is actively occurring and where workers are present, and where official work zone signage is posted.
(Act 2026-475, §4.)
(a) The department and authority may install automated photographic speed enforcement systems to monitor motor vehicle activity in a work zone.
(b) The automated photographic speed enforcement system shall be: (i) a photographic, radar, lidar, laser, or other device; (ii) designed to automatically detect the speed of moving motor vehicles; (iii) designed to automatically record digital imaging of a motor vehicle and an image of the rear license plate of a motor vehicle engaged in a speeding violation; and (iv) designed to automatically record the speed of a motor vehicle engaged in a speeding violation.
(c) The department, authority, or a third party approved by the department or authority may place automated photographic speed enforcement systems at work zones as necessary to assure the safety of the work zone. The department may adopt rules, including emergency rules, to implement this section and to provide for the approval of third parties under this section.
(Act 2026-475, §5.)
(a) ALEA may use a manually operated photographic speed enforcement system to monitor motor vehicle activity in a work zone as necessary to assure the safety of the work zone. The system shall be operated by a law enforcement officer in a manner that combines a manually operated camera system that works in conjunction with an electronically operated speed detection system to record digital imaging of a motor vehicle that is speeding.
(b) The Secretary of ALEA may adopt rules, including emergency rules, to implement this section and to establish uniform procedures for law enforcement officers operating under this article.
(Act 2026-475, §6.)
A photographic speed enforcement system authorized under this article may be used to detect and record motor vehicle speeding violations in an active work zone. For purposes of this article, “active work zone” means a work zone that satisfies all of the following conditions:
(1) The area is designated by the department or authority as a work zone.
(2) Employees or contractors of the department or authority or construction, maintenance, inspection, surveying, utility, or other workers are present.
(3) Work zone traffic control devices, traffic controls, or warning signs are present to notify motorists and pedestrians of construction, maintenance, inspection, surveying, utility, or other workers in the area.
(4) Not less than two warning signs are placed at least 500 feet in advance of the entrance warning motorists that a photographic speed enforcement system is being operated in the area and that a violation will result in a fine.
(Act 2026-475, §7.)
(a) When a motor vehicle is recorded operating in an active work zone at a speed that exceeds 10 miles per hour over the posted speed limit, ALEA may issue a civil traffic citation to the registered owner of the motor vehicle.
(b) When a speeding violation is recorded, ALEA shall send to the owner of the motor vehicle, through U.S. mail, a notice of the civil traffic citation which was recorded by the automated photographic speed enforcement system while committing the speeding violation. The notice shall be sent not later than 30 days after the date the speeding violation is recorded, as follows:
(1) If the vehicle is registered in this state, to the registered owner’s address as shown on the registration records of the Department of Revenue.
(2) If the vehicle is registered in another state or country, to the registered owner’s address as shown on the motor vehicle registration records of the other state or country.
(c) The notice shall contain all of the following:
(1) A description of the violation alleged, including the speed at which the motor vehicle is alleged to have been operated, and the maximum speed applicable at the location.
(2) The date, time, and location of the speeding violation.
(3) A copy of recorded images of the vehicle involved in the speeding violation.
(4) The amount of the civil penalty to be imposed for the speeding violation.
(5) The date by which the civil penalty must be paid. For purposes of this subdivision, ALEA shall require the civil penalty to be paid by a date certain, not less than 60 days following issuance of the notice of violation.
(6) A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing.
(7) A statement that the person has the right to contest the imposition of the civil penalty in an administrative adjudication and information about the manner and time in which the person may contest the imposition of the civil penalty.
(8) A statement that failure to pay the civil penalty or to contest liability is an admission of liability.
(9) A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty.
(10) Any other information necessary for issuing the notice.
(11) A statement that if the registered owner is a rental car company, the company has the right to provide information to ALEA on which individual was renting the vehicle at the time of the violation. The statement shall include information about how to provide the information regarding the individual.
(d) In lieu of issuing a notice of violation, ALEA may mail a warning notice to the registered owner. ALEA shall exercise discretion in issuing the warning notice.
(e) In the event the evidence produced by a photographic speed enforcement system does not produce an image of the license plate with sufficient clarity for a speed enforcement system operator to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of speeding violation may be issued pursuant to this article.
(Act 2026-475, §8.)
Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil fine assessed in the notice of violation.
(Act 2026-475, §9.)
(a) The Secretary of ALEA shall adopt rules providing for a hearing procedure and the administrative resolution of speeding violations under this article. The rules shall provide for the hearing to be conducted by a driver license hearing officer or other hearing officer appointed by the secretary. The hearing may be informal. The hearing shall not be a contested case under the Alabama Administrative Procedure Act. Following the hearing, the hearing officer shall issue a final order.
(b)(1) Speeding violations under this article shall be punished by a civil penalty of two hundred fifty dollars ($250), which shall be collected as other civil judgments are collected. Court costs shall not be assessed except as provided in subsection (c).
(2) In no event shall a speeding violation pursuant to this article be punishable by a criminal fine or imprisonment.
(3) The Secretary of ALEA shall not assess any points against a driver license or suspend or revoke a driver license for a speeding violation pursuant to this article.
(c) A person who is found liable for a speeding violation after an adjudicative hearing or who requests an adjudicative hearing and thereafter fails to appear at the time and place of the hearing is liable for court costs and fees set in addition to the amount of the civil penalty assessed for the speeding violation. A person who is found liable for a speeding violation after an adjudicative hearing shall pay the civil penalty and costs within 60 days of the hearing.
(d) Whenever a person is ordered to pay a civil penalty under this article, the amount of the civil penalty as set by this article may not be increased, decreased, or remitted by the court, and the liability may be satisfied only by payment in full.
(e) An order issued under this section shall have the same weight and effect as any other civil judgment.
(Act 2026-475, §10.)
(a) Any agency using a photographic speed enforcement system shall ensure the system is calibrated on an annual basis by an independent calibration laboratory.
(b) The independent calibration laboratory performing the calibration shall issue a certificate of calibration for the automated photographic speed enforcement system as proof of both of the following:
(1) The annual calibration check was performed.
(2) The automated photographic speed enforcement system is accurately calibrated.
(Act 2026-475, §11.)
(a) An individual may be trained and certified as a speed enforcement system operator by completing training by the manufacturer or vendor of the system in the following:
(1) Certification of automated speed enforcement systems and accuracy testing.
(2) Image quality requirements.
(3) Chain of custody procedures.
(4) Technician training and discretion for determining which violations to process.
(5) Vendor performance and auditing requirements.
(6) Requirements for issuance, service, and processing of notices of violation.
(7) Any other requirement adopted by rule of the department.
(b) The manufacturer or vendor of a photographic speed enforcement system shall issue a certificate of training to an individual who successfully completes the training required under subsection (a).
(Act 2026-475, §12.)
(a) The reliability of a photographic speed enforcement system used to produce the recorded image of the speeding violation may be attested to by affidavit of a speed enforcement system operator.
(b) An affidavit of a speed enforcement system operator which alleges a violation based on an inspection of the pertinent recorded image shall be admissible in a proceeding under this article as evidence of the facts contained in the affidavit.
(c) All of the following shall be admissible into evidence without foundation unless the court finds there is an indication of untrustworthiness, in which case the prosecution shall be given a reasonable opportunity to lay an evidentiary foundation.
(1) The notice of violation.
(2) The recorded and reproduced images of the speeding violation, regardless of the media on which they are recorded, accompanied by a certification of authenticity of a speed enforcement system operator.
(3) Evidence of ownership of a vehicle as shown by copies or summaries of official records.
(d) The issue of whether an image of a license plate is sufficiently clear to identify the vehicle is admissible as to the weight of the evidence.
(Act 2026-475, §13.)
(a) The owner of a motor vehicle may raise any of the following as an affirmative defense to the imposition of liability under this article:
(1) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a law enforcement officer.
(2) The motor vehicle was being operated as an authorized emergency vehicle.
(3) The motor vehicle was stolen or being operated by an individual other than the owner of the vehicle without the effective consent of the owner.
(4) The license plate depicted in the recorded image of the speeding violation was a stolen license plate and being displayed on a motor vehicle other than the motor vehicle for which the license plate had been issued.
(5) The person who received the notice of civil traffic citation was not the owner of the motor vehicle at the time of the speeding violation.
(6) The person who received the notice of civil traffic citation was not the operator of the motor vehicle at the time of the speeding violation.
(7) The operator of the vehicle was arrested or was issued a citation and notice to appear by a law enforcement officer for a traffic or criminal violation of any other portion of this title or any other municipal ordinance that embraces and incorporates the statutes contained in this title, and the conduct resulting in the citation occurred simultaneously with and under the same set of circumstances recorded by the automated photographic speed enforcement system.
(b) The burden of raising and establishing the affirmative defense shall be on the owner of the vehicle.
(Act 2026-475, §14.)
A final order issued under Section 32-5A-378 may be reviewed by the circuit court by the filing of a notice of appeal pursuant to Section 41-22-20 within 30 days after the final order is issued. The filing of the notice of appeal shall stay enforcement of the civil penalty.
(Act 2026-475, §15.)
The department or authority, or its contractor, shall place traffic control devices in conformity with a nationally recognized traffic engineering handbook, including, but not limited to, the Manual of Uniform Traffic Control Devices and the traffic control plans of the department. There is a presumption that the department’s actions are in compliance with this section unless the contrary is shown by a preponderance of the evidence.
(Act 2026-475, §16.)
The department or authority may perform the duties assigned to the department or authority under this article either directly or through a contracted manufacturer or vendor selected pursuant to the state procurement process and operating in coordination with the department or authority. Any procurements made under this article shall not be considered to be a contract for professional services. The department or authority shall follow the department or authority’s procurement procedures. The department or authority shall have sole discretion on selecting a vendor or vendors.
(Act 2026-475, §17.)
ALEA may procure the equipment and technology necessary to operate a photographic speed enforcement system pursuant to the state procurement law. The procurement shall not be considered a contract for professional services. The system may be operated using manual, handheld, or unmanned devices capable of being mounted to a vehicle. ALEA shall have sole discretion on selecting a vendor or vendors.
(Act 2026-475, §18.)
All civil penalties collected under this article shall be distributed as follows:
(1) Fifty percent to ALEA, to be used solely for costs relating to the implementation of this article, with the remaining proceeds deposited into the ALEA Work Zone Safety Fund.
(2) Fifty percent to the department, to be used solely for costs relating to the implementation of this article, with the remaining proceeds deposited into the Transportation Work Zone Safety Fund.
(Act 2026-475, §19.)
The ALEA Work Zone Safety Fund is created in the State Treasury to be administered by ALEA. Funds shall be budgeted and allotted pursuant to Chapter 19 of Title 41.
(Act 2026-475, §20.)
The Transportation Work Zone Safety Fund is created in the State Treasury to be administered by the Alabama Department of Transportation. Funds shall be budgeted and allotted pursuant to Chapter 19 of Title 41.
(Act 2026-475, §21.)
Sections 32-5A-370 through 32-5A-387 are repealed September 30, 2028.
(Act 2026-475, §22.)
This chapter shall be known and may be cited as the “Alabama Safety Belt Use Act of 1991.”
(Acts 1991, No. 91-255, p. 483, §1.)
For purposes of this chapter, the term “passenger car” means a motor vehicle with motive power designed for carrying 10 or fewer passengers. Such term does not include a motorcycle or a trailer.
(Acts 1991, No. 91-255, p. 483, §2.)
The Legislature finds that it is the policy of the State of Alabama that all precautionary measures be taken to save the lives of the state’s citizens from vehicle accidents and thereby, to preserve the most valuable resource of the state.
(Acts 1991, No. 91-255, p. 483, §3.)
(a)(1) Each occupant of a passenger car manufactured with safety belts in compliance with Federal Motor Vehicle Safety Standard No. 208 shall have a safety belt properly fastened about his or her body at all times when the vehicle is in motion.
(2) An adult occupant of a passenger car in violation of subdivision (1) shall be the proper person to be charged with the violation.
(3) Notwithstanding any other provision of this section, a violation of this section in any seat other than a front seat of a vehicle shall be a secondary violation after a lawful stop of the vehicle based on probable cause of another violation of law and the issuance of a citation or warrant of arrest for the violation.
(b) The provisions of subsection (a) shall not apply to:
(1) A child passenger under the purview of Section 32-5-222, who is required to use a child passenger restraint system or a seat belt pursuant to Section 32-5-222.
(2) An occupant of a passenger car who possesses a written statement from a licensed physician that he or she is unable for medical reasons to wear a safety belt.
(3) A rural letter carrier of the United States Postal Service while performing his or her duties as a rural letter carrier.
(4) A driver or passenger delivering newspapers or mail from house to house.
(5) Passengers in a passenger car with a model year prior to 1965.
(6) Passengers in motor vehicles which normally operate in reverse.
(Acts 1991, No. 91-255, p. 483, §4; Act 2019-386, §2.)
Any person violating the provisions of this chapter may be fined up to $25.00. The violation of the provisions of this chapter shall not constitute probable cause for search of the vehicle involved.
(Acts 1991, No. 91-255, p. 483, §5.)
[Repealed]
Repealed by Act 99-397, §1, effective December 9, 1999.
(Acts 1991, No. 91-255, p. 483, §6; Act 99-397, §1.)
Failure to wear a safety belt in violation of this chapter shall not be considered evidence of contributory negligence and shall not limit the liability of an insurer, nor shall the conviction be entered on the driving record of any individual charged under the provisions of this chapter.
(Acts 1991, No. 91-255, p. 483, §7.)
(a) A person subject to a penalty pursuant to Section 32-5B-5, shall not be assessed court costs on a conviction.
(b) In any case brought by a law enforcement officer employed by the Department of Public Safety, sixty percent (60%) of the funds generated shall be allocated to the Department of Public Safety, Law Enforcement Division. The remaining forty percent (40%) of the funds shall be allocated to the State General Fund.
(c) A law enforcement officer may not search or inspect a motor vehicle, its content, the driver, or a passenger solely because of a violation of this chapter.
(d) Each state, county, and municipal police department must maintain statistical information on traffic stops of this nature on minorities and report that information monthly to the Department of Public Safety and the Attorney General.
(Act 99-397, p. 660, §§3-5.)
As used in this chapter, the following words shall have the following meanings:
(1) LIGHT REFLECTANCE. The ratio of the amount of total light that is reflected outward by a product or material to the amount of total light falling on the product or material.
(2) LIGHT TRANSMISSION. The ratio of the amount of total light, expressed in percentages, which is allowed to pass through a surface to the amount of light falling on the surface.
(3) MANUFACTURER. A person who produces or assembles a vehicle glass-coating material or who fabricates, laminates, or tempers a safety-glazing material, which material reduces light transmission.
(4) MATERIAL. Any transparent product or substance which reduces light transmission.
(Acts 1996, No. 96-534, p. 746, §1.)
(a) Except as provided in this chapter, a person shall not operate a motor vehicle registered in this state under either of the following conditions:
(1) With material or glazing applied or affixed to the front windshield which reduces light transmission through the front windshield.
(2) With material or glazing applied or affixed to the rear windshield or the side or door windows which reduce light transmission through the rear windshield or side windows to less than 32 percent or increase light reflectance to more than 20 percent, with a measurement tolerance of at least 3 percent. The light transmission shall be measured with a device or instrument capable of measuring light transmission before a person may be charged with a violation of this section, and the officer shall be equipped with such a meter before stopping the driver.
(b) This section does not apply to any personal use vehicles belonging to, and occupied by, any active or retired state, local, or federal law enforcement officer.
(c) All active or retired state, local, or federal law enforcement officers shall carry law enforcement identification while driving their personal use vehicles referenced in subsection (b).
(Acts 1996, No. 96-534, p. 746, §2; Act 2021-451, §1.)
The provisions of Section 32-5C-2 shall not apply to any of the following:
(1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass.
(2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower corner of the front or rear windshield.
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver’s clear view of approaching traffic.
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield.
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window.
(6) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation.
(7) Any motor vehicle not registered in this state.
(Acts 1996, No. 96-534, p. 746, §3.)
(a) The Alabama State Law Enforcement Agency (ALEA), upon application from a person required for medical reasons to be shielded from the direct rays of the sun, may issue an exemption from this chapter for any motor vehicle owned by the person or in which the person is a habitual passenger. The application shall be supported by written statement of that fact from a physician licensed to practice medicine in this state. Except as otherwise provided in subsection (b), the exemption may be issued with the conditions and limitations prescribed by ALEA.
(b) An exemption granted pursuant to subsection (a) to persons with light-sensitive prophyria shall apply to all areas of the windshield and windows prescribed by the physician in the written statement submitted as part of the application.
(c) ALEA shall design a decal with a unique identification number to be issued to each person granted an exemption pursuant to this section. The decal shall be placed on the windshield of each motor vehicle operated by the exempt person. The department may charge a reasonable fee for each decal issued. The proceeds of the fee shall be used by the department to defray the costs of designing the decal and administering the exemption process.
(Acts 1996, No. 96-534, p. 746, §4; Act 2016-392, §1.)
Each manufacturer of material designed to be affixed or applied to the windows or windshields of a motor vehicle for the purpose of window tinting shall apply to the director for approval and registration of the material and the label for identification and certification of compliance before shipping the material into the state. No material shall be approved by the director unless the manufacturer demonstrates that the material, when applied or affixed to a window, does not reduce light transmission or increase light reflectance in violation of Section 32-5C-2. The manufacturer of any material shipped into this state shall provide labels of a size and type approved by the director, written instructions for the placement of the labels, and a notice that the improper installation of material to a window or windshield or the failure to display a label as provided in this section is a violation of state law. It is unlawful for any person to alter or reproduce any label approved by the director or to knowingly use any approved label except as authorized by this section.
(Acts 1996, No. 96-534, p. 746, §5.)
Any motor vehicle which has material and glazing applied or affixed to the windows or rear windshield of a vehicle, which material and glazing have reduced the light transmission through the window or windshield or increased the light reflectance of the window or windshield, shall display a label visible from the outside of the vehicle indicating that the windows and windshield are in compliance with the light transmission and light reflectance requirements as provided in Section 32-5C-2. No person shall install any material upon the windshield or windows of any motor vehicle, the installation of which would result in a reduction of light transmission or an increase in light reflectance in violation of Section 32-5C-2.
(Acts 1996, No. 96-534, p. 746, §6.)
A person who violates this chapter is guilty of a misdemeanor and for a first conviction thereof shall be punished by a fine of not more than one hundred dollars ($100), or by imprisonment for not more than 10 days, or by both fine and imprisonment; for a second conviction for an offense committed within one year after the date of the first offense, the person shall be punished by a fine of not more than two hundred dollars ($200), or by imprisonment for not more than 30 days, or by both fine and imprisonment; and for a third conviction for a third or subsequent offense committed within one year after the date of the first offense, the person shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than three months, or by both fine and imprisonment.
(Acts 1996, No. 96-534, p. 746, §7.)
(a) Every person, except those specifically exempted by statutory enactment, shall procure a driver’s license before driving a motor vehicle upon the highways of this state. Every new resident of the State of Alabama shall procure an Alabama driver’s license within 30 days after establishing residence in this state.
(b) Each original driver’s license issued to a person born in a year ending in an odd number shall expire on the second anniversary of the licensee’s birth date occurring in an odd-numbered calendar year after the date on which the application for the license was filed, and each original driver’s license issued to a person born in a year ending with an even number shall expire on the second anniversary of the licensee’s birth date occurring in an even-numbered calendar year after the date on which the application for the license was filed; provided, that if the license issued would expire in less than 24 months from the date on which the application for the license was filed, the expiration date of such license is hereby extended for an additional period of two years. After the expiration of an original driver’s license, all subsequent renewals shall be for a period of four years from the specified expiration date of the immediately preceding license, regardless of when the renewal shall be issued. Every driver’s license issued under this article may be renewed at the end of the license period without examination upon application and payment of the fee. For the purpose of renewal of a driver’s license, the Alabama State Law Enforcement Agency shall mail renewal notices to each licensee 30 days after expiration date if the driver’s license has not been renewed. A grace period of 60 days after expiration date of a driver’s license shall exist for the purpose of driver’s license renewal and the driver’s license shall be valid for this time period. The applicant shall apply for a driver’s license anytime during a period beginning 180 days before the expiration date of the then current license until three years after the expiration date of the license. Notwithstanding any other provision of law, an active duty member of the U.S. Armed Forces is not subject to the 180-day limit if he or she can show proof to the licensing official that he or she is unable to renew during the 180-day period due to deployment. Failure to make application for renewal within the specified time shall result in the applicant being required to take, and successfully pass, a written examination and driving test as administered by the Alabama State Law Enforcement Agency. If any person’s birthday is February 29, the first day of March following shall be regarded as his or her birthday for the purposes of this section.
(c) The Alabama State Law Enforcement Agency shall make available to any resident of this state who does not hold a valid Alabama driver’s license a nondriver identification card to be used for identification purposes only. The nondriver identification card shall be issued only upon application of the nondriver and shall be similar to the driver’s license; except, that it shall bear the word “nondriver” in prominent letters on the face of the identification card. Each nondriver identification card shall bear thereon a distinguishing number assigned to the nondriver and a color photograph of the nondriver, as well as the name, birth date, residence address, and a brief description of the nondriver who, for the purpose of identification, shall immediately upon receipt thereof, endorse his or her usual signature in ink upon the card in the space provided thereon, unless a facsimile of the nondriver signature appears thereon. The same degree of proof of identification required of applicants for driver’s licenses in this state shall be required of applicants for nondriver identification cards.
(Acts 1975, No. 539, p. 1192, §§2, 6; Acts 1981, No. 81-154, p. 177; Acts 1992, 2nd Ex. Sess., No. 92-678, p. 59, §1; Acts 1997, No. 97-554, p. 985, §1; Act 2016-336, §1.)
(a) Notwithstanding any other provision of law, the driver’s license of any resident of this state who is a member of the National Guard or the Armed Forces of the United States whose driver’s license has expired and who is on active duty and deployed outside the United States shall be valid as long as the military member has on his or her person a copy of valid military orders with any amendments.
(b) The Department of Public Safety may develop procedures authorizing members of the National Guard and armed forces receiving orders to be deployed outside the United States to renew their driver’s licenses up to one year prior to the expiration of the license.
(Act 2006-415, p. 1032, §§1, 2.)
(a) The driver’s license of a resident of this state who is an honorably discharged veteran as evidenced by the veteran’s DD Form 214, or if the veteran does not have a DD Form 214, as evidenced by the veteran’s Record and Report of Separation Honorable Discharge Record, upon request of the eligible veteran, shall have the word veteran displayed on the license.
(b) The Department of Public Safety may not impose any charge in addition to the driver’s license fee for the issuance or renewal of a veteran’s driver’s license.
(Act 2012-516, p. 1532, §1; Act 2014-344, p. 1284, §1.)
The following persons when driving a motor vehicle under the following conditions are exempt from a license hereunder:
(1) Any person in the service of the federal government while driving an official motor vehicle in such service;
(2) Any person while driving any road machine, farm tractor, or implement of husbandry temporarily driven or moved on a highway;
(3) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid driver’s license issued in his or her home state or country;
(4) Any nonresident who is at least 16 years of age whose home state or country does not require the licensing of drivers for a period of not more than 90 days in any calendar year, if the motor vehicle so driven is duly registered in the home state or country of such nonresident.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §67.)
(a) Every person who applies for an initial Alabama driver’s license issued by the Department of Public Safety under this article shall be given and successfully pass an examination before the issuance of a driver’s license. The person shall apply to the officer, state trooper, or duly authorized third party testing agent of the Director of Public Safety, or one of them where there is more than one, designated by the Director of Public Safety to conduct examinations. A minor shall furnish a certified copy of his or her birth certificate or a certified statement from the county superintendent of education of the county in which the minor resides or from the superintendent of the school which the minor attends proving that the minor is at least 16 years of age. Upon satisfying this requirement, the minor shall be examined.
(b)(1) The Director of Public Safety shall promulgate reasonable rules and regulations not in conflict with the laws of this state as to the kind of examination or test to be given and the method and manner of giving the examination, ascertaining and reporting the results of the examination, and to who qualifies to give the examination. In lieu of examination by the Department of Public Safety for the written, oral, vision, and driving portion of the examination, an applicant currently enrolled or beginning enrollment in a high school drivers’ education class may submit proof that the applicant has passed the written, oral, vision, and driving portion of the examination which has been given by either of the following:
a. A certified driver education instructor at a public high school who is approved by the State Department of Education and trained as a third party testing agent for the Department of Public Safety.
b. A driver education instructor at a private high school who is certified, approved, and trained by the Department of Public Safety to act as a third party testing agent for the Department of Public Safety.
(2) In no way shall the State Department of Education be responsible for the approval and training of private high school driver education instructors as third party testing agents for the Department of Public Safety.
(3) Reports of all examinations shall be on forms provided by the Director of Public Safety and shall indicate if the applicant passed the examination.
(c) If the applicant passes the examination, the applicant shall be given a certificate to that effect, on a form provided by the Director of Public Safety, by the officer, state trooper, or duly authorized third party testing agent of the Director of Public Safety conducting the examination. The applicant shall present the certificate to a driver’s license office of the department.
(d) If a person fails to pass the examination, no certificate shall be given to the person. No application for an initial Alabama driver’s license shall be accepted by a judge of probate or license commissioner.
(e) A person who secures a renewal of a license in the manner provided by law shall not be required to take the examination unless the Director of Public Safety deems it advisable to require the person to take the examination. If the Director of Public Safety deems it advisable, the director shall notify the person in writing by letter sent to the address given on the application of the person at least 10 days before the date on which the examination or test is given of the time and place of the examination. The examination given to such a person shall be conducted in the same manner and the result of the examination ascertained and reported in the same way as examinations are given to persons applying for an initial Alabama driver’s license.
(f) Failure of a person to appear after notice to take such an examination or test, or refusal by a person to take the examination or test, shall be grounds for suspension or revocation of the license of the person by the Director of Public Safety. A person to whom such an examination or test is given who fails to pass the examination or test shall have his or her license revoked by the Director of Public Safety.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §63; Acts 1951, No. 961, p. 1633; Acts 1978, No. 773, p. 1130; Acts 1995, No. 95-191, p. 265, §1; Act 2000-241, p. 384, §1; Act 2006-554, p. 1271, §1; Act 2012-501, p. 1479, §1.)
(a) The Alabama State Law Enforcement Agency shall strengthen information on the dangers of drowsy driving in the Alabama Driver’s Manual or any other manual or information created for the purpose of preparing an applicant for a driver’s license or driver’s permit to take the examination required by Section 32-6-3.
(b) The State Department of Education shall require any driver’s education course offered at a public high school and for which the department issues a certificate of completion pursuant to subdivision (2) of subsection (b) of Section 32-6-7.2, to include in its curriculum instruction on the dangers of drowsy driving.
(Act 2018-545, §1.)
(a) Upon the installation of a system for the issuance of driver licenses and nondriver identification cards with color photographs of licensees and nondrivers thereon, all initial Alabama licenses and nondriver identification cards and renewals of licenses issued in this state shall be issued in the following manner:
(1) The individual shall apply under oath to the Alabama State Law Enforcement Agency for an initial Alabama driver license or nondriver identification card and to the judge of probate or license commissioner of the county of his or her residence for the renewal of a license or nondriver identification card upon a form which shall be provided by the Secretary of the Alabama State Law Enforcement Agency.
(2) For the renewal of a driver license or nondriver identification card, the judge of probate or license commissioner shall take a color photograph of the licensee with equipment to be furnished by the Alabama State Law Enforcement Agency to be attached to each application.
(b)(1) For the purpose of defraying the cost of issuing drivers’ licenses or nondriver identification cards with color photographs of the licensee or nondriver thereon, except as provided in Section 32-6-4.1, the Alabama State Law Enforcement Agency, judge of probate, or license commissioner shall collect for each license or identification card the required fee for a four-year license or an identification card, and the Alabama State Law Enforcement Agency, judge of probate, or license commissioner shall give the licensee a driver’s license or identification card. Except as provided by rules of the Secretary of the Alabama State Law Enforcement Agency, the nondriver identification card shall bear no expiration date for any person 62 years of age or older.
(2) A qualified student, as defined in Section 16-28-40(b), is exempt from the driver’s license issuance fee required by this section.
(c)(1) Any male applicant who applies for a driver’s license or a learner’s license or a renewal of the license who is at least 18 years of age, but less than 26 years of age, shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 U.S.C. App. 453, as amended.
(2) The Alabama State Law Enforcement Agency shall forward in an electronic format the necessary personal information of the applicants identified in this subsection to the Selective Service System. The applicant’s signature on the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the agency to forward to the Selective Service System the necessary information for registration. The agency shall notify the applicant at the time of application that his signature constitutes consent to registration with the Selective Service System, if he is not already registered.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §60; Acts 1951, No. 961, p. 1633; Acts 1975, No. 539, p. 1192, §§4, 5; Acts 1979, No. 79-203, p. 311, §1; Acts 1980, No. 80-510, p. 789; Acts 1983, 3rd Ex. Sess., No. 83- 825, p. 41; Acts 1993, No. 93-769, p. 1538, §1; Acts 1995, No. 95-522, p. 1057, §1; Act 2001-500, p. 877, §1; Act 2006-554, p. 1271, §1; Act 2022-300, §1.)
In addition to the drivers’ licenses and nondriver identification cards provided for in Section 32-6-4, the Director of the state Department of Public Safety shall promulgate the necessary rules and regulations for the issuance of special nondriver identification cards. The Department of Public Safety, judge of probate, or license commissioner may charge only the cost to the Department of Public Safety and the county fee, if any, for the issuance of a nondriver identification card for any person 62 years of age or older. A mentally or physically disabled or legally blind person who is incapable of obtaining a driver’s license shall not be charged a fee, except the county fee for the issuance of a nondriver identification card nor shall the card have an expiration date, except as provided by rules and regulations of the Director of the Department of Public Safety.
(Acts 1984, 1st Ex. Sess., No. 84-815, p. 248; Acts 1995, No. 95-522, p. 1057, §1; Act 2006-554, p. 1271, §1.)
(a) Each nondriver identification card issued to any person, except cards issued pursuant to Section 32-6-4.1, who is less than 62 years of age shall expire eight years from the date of issuance or as otherwise provided by the rules and regulations of the Director of the Department of Public Safety.
(b) Each nondriver identification card issued to any person who is 62 years of age or older or to any person pursuant to Section 32-6-4.1 shall expire as provided by the rules and regulations of the Director of the Department of Public Safety.
(c) Each nondriver identification card may be subject to renewal, reissue, suspension, or revocation by rules and regulations of the Director of the Department of Public Safety, or as otherwise provided by law.
(d) The Director of the Department of Public Safety may adopt and enforce reasonable rules and regulations relating to the fraudulent use, misuse, or abuse of the privilege of using a nondriver identification card, or for purposes of obtaining current information or recent photograph at least every eight years.
(Acts 1995, No. 95-522, p. 1057, §§2-5.)
(a) The nondriver identification card of a resident of this state who is an honorably discharged veteran as evidenced by the veteran’s DD Form 214, or if the veteran does not have a DD Form 214, as evidenced by the veteran’s Record and Report of Separation Honorable Discharge Record, upon request of the eligible veteran, shall have the word veteran displayed on the nondriver identification card.
(b) The Department of Public Safety may not impose any charge in addition to the nondriver identification card fee for the issuance or renewal of a veteran’s nondriver identification card.
(Act 2014-344, p. 1284, §2.)
(a)(1) Pursuant to the procedures for issuance and renewal of driver licenses and nondriver identification cards established in this chapter, the Alabama State Law Enforcement Agency (ALEA), contingent upon the availability of funds, shall issue a digital driver license or nondriver identification card and may charge an additional fee of up to fifteen dollars ($15), which may be displayed through an ALEA-approved mobile electronic method.
(2) The digital driver license or nondriver identification card may be issued in addition to a physical driver license or nondriver identification card.
(b) The digital driver license or nondriver identification card shall contain all information present on a physical driver license or nondriver identification card, including a bar code or other mechanism, as utilized to reveal the information.
(c) A licensee may produce a valid ALEA-approved digital driver license in lieu of possessing a physical driver license when operating a motor vehicle or vessel pursuant to Section 32-6-9.
(d)(1) Upon demand of a judge of any court in this state, a peace officer, a state trooper, or any other state or local governmental entity, a licensee may produce an ALEA-approved digital driver license or nondriver identification card, and it shall be recognized as though it were a physical driver license or nondriver identification card.
(2) A licensee may not produce an approved digital driver license or nondriver identification card in place of a physical driver license or nondriver identification card as a valid form of voter photo identification pursuant to Section 17-9-30.
(e) If the licensee displays the digital driver license or nondriver identification card through the ALEA-approved mobile method, the individual is not implicitly consenting to allow access to or to search other contents of the wireless communication or electronic device other than provided for by law.
(f) ALEA shall apply reasonable industry standards of security to protect the integrity of the digital driver license or nondriver identification card and privacy of the licensee.
(g) ALEA may adopt rules to implement this section.
(h) ALEA shall deposit monies collected from the additional fee under subsection (a) into the Public Safety Fund in the State Treasury.
(Act 2026-282, §1.)
At the close of business on Monday of each week when any application has been received or temporary instruction permit provided for in this article has been issued, the judge of probate or Department of Public Safety receiving the application or issuing the permit shall prepare a report of the same upon a form which shall be provided by the Director of Public Safety. One copy of the report, together with all applications received and copies of all permits issued, shall be forwarded to the Director of Public Safety and one copy shall be retained by the judge of probate. On the tenth day of every month except October, November, and December, the judge of probate and the Department of Public Safety shall prepare a report showing the number of applications received and permits issued and the amount of fees received during the previous calendar month. In the months of October, November, and December, the report shall be prepared on the twentieth day of the month. One copy of a report shall be forwarded to the Director of Public Safety, one to the Comptroller, and one to the Treasurer, and the judge of probate shall retain a copy. The judge of probate shall also at that time deliver to the Treasurer the amount of all the fees collected, less one dollar fifty cents ($1.50) for each driver license or identification card issued, which sum shall be retained by him or her. Except in counties where the judge of probate is compensated by fees, each one dollar fifty cents ($1.50) retained by the judge of probate shall be paid into the public highway and traffic fund of the county. In counties where the judge of probate is compensated by fees, two-fifths of each one dollar fifty cents ($1.50) retained by the judge of probate shall be for his or her own use, and no other or further charge shall be made by him or her for services rendered in taking or receiving applications or issuing permits, and the remaining three-fifths shall be paid into the public highway and traffic fund of the county. This section, providing for the allocation of the one dollar fifty cents ($1.50) retained by the judge of probate in counties where the judge of probate is compensated by fees, shall not repeal any local statutes or general statutes of local application providing for a different allocation of the one dollar fifty cents ($1.50). The funds remitted to the State Treasurer under this section, except for that portion representing five dollars ($5) for each license or card issued, shall be deposited to the credit of the General Fund and shall be appropriated for public safety use. The Department of Public Safety shall deliver the amount of all the fees collected by the department to the State Treasurer less one dollar fifty cents ($1.50) for each driver’s license or identification card issued, which shall be remitted to the county general fund in the county of issuance on the tenth day of the following month. From the funds remitted to the State Treasurer, the portion representing five dollars ($5) shall be deposited into the Highway Traffic Safety Fund for the Department of Public Safety which is hereby created within the State Treasury. All money deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Department of Public Safety shall be expended for law enforcement purposes. No money shall be withdrawn or expended from the fund for any law enforcement purpose unless the money has been allotted and budgeted in accordance with Article 4, commencing with Section 41-4-80, of Chapter 4 of Title 41, and only in the amounts and for the law enforcement purposes provided by the Legislature in the general appropriations bill.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §61; Acts 1951, No. 485, p. 868; Acts 1955, No. 43, p. 260; Acts 1963, No. 193, p. 582, §2; Acts 1975, No. 539, p. 1192, §7; Acts 1979, No. 79-203, p. 311, §2; Acts 1993, No. 93-769, p. 1538, §1; Act 2000-800, p. 1901, §1; Act 2006-554, p. 1271, §1.)
AMENDED BY ACT 2026-101, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Each driver license issued by the Alabama State Law Enforcement Agency, except temporary permits or other special circumstances as determined by the Secretary of the Alabama State Law Enforcement Agency, shall contain a distinguishing number assigned to the licensee and a color photograph of the licensee, the name, birthdate, address, and a description of the licensee, who, for the purpose of identification and as a condition precedent to the validity of the license, immediately upon receipt of the license, shall endorse his or her usual or regular signature upon the license in the space provided, unless a facsimile of the licensee’s signature appears on the license.
(b) A photo driver license and photo nondriver identification card as provided in Section 32-6-4 shall have a photo core that meets the minimum width and length dimensions specified in ANSI standards X4.13-1971 and ANSI standard CR80, plus or minus 1/4 inch. In addition to all current and existing fees, the agency may charge an additional fee to recover the cost of producing and issuing photo driver licenses and photo nondriver identification cards. The fee may not exceed ten cents ($.10) over the actual cost of producing and issuing the license or card including the cost of materials, labor costs, telecommunications costs, computer costs, postage, and any other costs incurred in producing and issuing a license or card.
(c) A driver license issued to a qualifying student described in Section 16-28-40(b) shall be exempt from any fees under this section.
(d) Revenues collected under this section shall be used by the agency for the sole purpose of this program, and any excess shall revert to the General Fund at the end of each fiscal year.
(Acts 1975, No. 539, §1; Acts 1984, No. 84-305, p. 678; Act 2009-762, p. 2308, §1; Act 2022-300, §1.)
In addition to any other fees imposed for issuance of a driver license and photo nondriver identification card, the Alabama State Law Enforcement Agency shall impose an additional fee of fifty cents ($.50) for each driver license and photo nondriver identification card issued, except for a driver license issued to a qualifying student, as defined in Section 16-28-40(b)(2). The fee collected under this section shall be allocated and appropriated to the Alabama Veterans Living Legacy Trust Fund created by the Alabama Veterans Living Legacy Act of 2008, Division 2, commencing with Section 16-44A-50, of Article 2 of Chapter 44A, and expenditures of the fee pursuant to the master plan for facilities, programs, and outreach provided by that division and its related programs.
(Act 2009-762, p. 2308, §2; Act 2022-300, §1.)
(a) Beginning January 1, 2019, each person who applies for a new driver’s license, nondriver identification card, vessel license, or learner’s license or permit, or the renewal of any of these licenses, cards, or permits, may provide the Alabama State Law Enforcement Agency with the name and contact information of a person in the event of an emergency. The emergency contact information shall be stored in the records of the agency and made available to law enforcement personnel in the event law enforcement deems contact is in the best interest of the licensee or card holder.
(b) The Alabama State Law Enforcement Agency may adopt rules necessary to carry out this section.
(Act 2018-271, §2.)
A driver’s license shall not be issued to the following persons:
(1) Any person less than 16 years of age;
(2) Any person whose driving right or privilege is suspended;
(3) Any person whose driving right or privilege is revoked;
(4) Any person who is an habitual abuser of alcohol or drugs;
(5) Any person afflicted with or suffering from a physical or mental disability which, in the opinion of the Director of Public Safety or examining officer will prevent a person from exercising reasonable and ordinary control over a motor vehicle.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §66; Acts 1945, No. 59, p. 59; Acts 1947, No. 628, p. 483; Acts 1996, No. 96-478, p. 594, §1.)
(a) Any person with physical disabilities, a record of an impairment, or regarded as having an impairment shall be subject to the same laws, rules, and regulations set forth by the Department of Public Safety relating to the licensure of an individual to operate a motor vehicle.
(b) Notwithstanding any law, rule, or regulation, the state Department of Public Safety shall not refuse to issue any permit or license for the operation of a motor vehicle, or the renewal of either, on the grounds of physical appearance, speculations, or generalizations that the individual’s physical impairment would impede that person’s ability to operate a motor vehicle in a safe manner without probable cause to believe the person’s ability to operate a motor vehicle in a safe manner is in fact impaired.
(c) If the department refuses to issue a permit or license or arbitrarily questions the person’s abilities based on physical appearance or speculated inability to operate a motor vehicle in a safe manner, the person shall have a right to an impartial hearing before the Director of Public Safety or his or her designee. At the hearing, the person shall have the right to be represented by counsel and to present witnesses including, but not limited to, a physician of choice. The person may appeal any decision to the circuit court of competent jurisdiction for a trial de novo.
(d) This section shall be interpreted to be consistent with and to further the purposes and policies of Section 504 of the Rehabilitation Act of 1973, as amended, 34 CFR part 104 and P.L. 101-336, The Americans with Disabilities Act of 1990, together with implementing regulations and subsequent amendments to the laws and regulations.
(Acts 1993, No. 93-749, p. 1486, §§1-4.)
(a) A person who is under the age of 18 may not apply for a Stage II restricted regular driver’s license until the person has held a Stage I learner’s license issued pursuant to Section 32-6-8 or a comparable license issued by another state for at least a six-month period.
(b) In addition to any other requirements of this chapter, if the applicant for a driver’s license is 16 years of age, he or she shall submit to the Department of Public Safety the following:
(1) A verification form provided by the Department of Public Safety signed by a parent or legal guardian, or a grandparent with the consent of a parent or legal guardian, consenting to the licensure of the applicant.
(2) A verification form provided by the Department of Public Safety signed by a parent, legal guardian, a grandparent with the consent of a parent or legal guardian, or a licensed or certified driving instructor, certifying that the applicant has completed a minimum of 50 hours of behind-the-wheel driving practice, or submission of a certificate of completion from the State Department of Education that the applicant has passed a driver’s education course approved by the State Department of Education.
This subdivision shall not be construed to require a course sanctioned by the State Department of Education to include the 50-hour requirement for behind-the-wheel driving practice.
(c) A person who is issued a regular driver’s license who is age 17 and has been licensed for less than six months or who is age 16 shall be deemed to have a Stage II restricted driver’s license. The person may not operate a vehicle under any of the following conditions:
(1) Between 12:00 o’clock midnight and 6:00 o’clock a.m. unless one of the following exceptions applies:
a. The licensee is accompanied by a parent or legal guardian.
b. The licensee is accompanied by a person who is a licensed driver and is at least 21 years of age or the consent of a parent or legal guardian of the driver is given.
c. The licensee is driving to or from a place where the licensee is employed or works.
d. The licensee is driving to or from a school sponsored event.
e. The licensee is driving to or from an event sponsored by a religious organization.
f. The licensee is driving for the purpose of a medical, fire, or law enforcement related emergency.
g. The licensee is driving to or from a place where the licensee participates in hunting or fishing activities. In order for this particular exception to apply, the licensee must have in his or her immediate possession a valid hunting or fishing license for the activity.
(2) If there is more than one passenger in the vehicle not including the parents, legal guardians of the licensee, accompanying family members, or a licensed driver who is at least 21 years of age.
(3) While operating any handheld communication device that is nonessential to the functioning of the vehicle.
(d) A violation of subsection (c) shall not result in a suspension of the person’s driver’s license, but shall extend the time period for six months that the person is subject to the restrictions of subsection (c) before the person is eligible to be designated as an unrestricted driver’s license holder or until age 18.
(e) The driver’s license of any person who is driving with restricted privileges as provided in subsection (c) who during such time is convicted of a second moving traffic violation or is convicted of failure to give information or render aid, racing, fleeing or attempting to elude a law enforcement officer, reckless driving, illegal passing, driving on the wrong side of the road, or any other offense where four or more points are assessed and other violations as designated by rules or regulations promulgated pursuant to the Administrative Procedure Act, shall be automatically suspended for 60 days unless the Alabama Rules of the Road provide a more serious penalty, and the time period that the licensee is subject to the restrictions of subsection (c) shall be extended for six months from the date the person would otherwise be eligible to be designated as an unrestricted driver’s license holder or until age 18.
(f) The license possessed by any resident of this state who is 17 years of age shall be deemed a Stage III unrestricted driver’s license if the license has been issued for a period of six months or longer and the Department of Public Safety verifies that the license holder has not been convicted of a moving violation of the Alabama Rules of the Road within the preceding six months.
(g) This section shall not apply to the following:
(1) Any resident of this state age 16 years and over who is married or who is the head of a household.
(2) Any resident who has otherwise been legally relieved of minority.
(3) Any resident who is age 18 or over.
(h)(1) A person who drives a motor vehicle in violation of the conditions imposed in subsection (c) shall be guilty of a traffic violation and shall be subject to the following penalties and court costs:
a. For a first offense, the person shall be required to attend defensive driving school.
b. For a second or subsequent offense, the privileges of the Stage II license shall be suspended and the person shall be required to revert to a Stage I learner’s permit for a period of six months prior to eligibility to reapply for a Stage II license.
c. The person shall be subject to a fine of not less than one hundred fifty dollars ($150) and not exceeding three hundred fifty dollars ($350), plus court costs.
d. A conviction under this subsection shall be entered on the driving record of any individual charged under this subsection as a two-point violation.
(2) Upon a second or subsequent offense, a parent or legal guardian who knowingly allows his or her child or ward with a Stage I or Stage II license to drive a motor vehicle in violation of the applicable restrictions of the license may be subject to a fine of not less than one hundred fifty dollars ($150) and not exceeding three hundred fifty dollars ($350), plus court costs.
(i) The Department of Public Safety may promulgate reasonable rules and regulations to carry out and to aid in enforcement of this section and Sections 32-6-7.3 and 32-6-8.
(j) As used in this section, the following words shall have the following meanings:
(1) STAGE I. A learner’s permit.
(2) STAGE II. A regular driver’s license with restrictions based on age and the date of issuance.
(3) STAGE III. An unrestricted driver’s license.
(Act 2002-408, p. 1026, §2; Act 2009-714, p. 2101, §1; Act 2010-735, p. 1850, §§1, 2; Act 2015-516, 1st Sp. Sess., p. 1855, §1; Act 2017-358, §2; Act 2017-442, §2(b)(2).)
Each state, county, and municipal police department must maintain statistical information on traffic stops of the nature specified in Section 32-6-7.2 on minorities and report that information monthly to the Department of Public Safety and the Attorney General.
(Act 2002-408, p. 1026, §4.)
(a) Notwithstanding any other provision of law, each student over the age of 12 years who is enrolled in a public or private secondary school shall be subject to a disciplinary point system for an infraction committed on school property to determine the age at which the student shall be allowed to apply for a learner’s permit, motor driven cycle operator’s license, driver’s license, or any license required by the State of Alabama for the operation of a motor vehicle or vessel. The disciplinary points imposed for a disciplinary action shall be as follows:
(1) One day in-school suspension - 1 point.
(2) One day out-of-school suspension - 2 points.
(3) Alternative school placement - 6 points.
(4) Expulsion - 20 points.
(b)(1) The points shall accumulate on a yearly basis, beginning with the school year including summer school in which the student turns 13, and accumulate each year until the student is eligible to apply for a driver’s license under the imposed point system. Each accumulated point shall add one additional week to the age at which the student is eligible to be issued a learner’s permit, motor driven cycle operator’s license, or driver’s license.
(2) Notwithstanding subdivision (1), the age at which a student may apply for a license or permit shall not be extended by Act 2009-713 beyond one year from the date the student initially applies for a learner’s permit, motor driven cycle operator’s license, driver’s license, or any license required by the State of Alabama for the operation of a motor vehicle or vessel.
(c) The following subdivisions are contingent upon the technical capability of the student data management system to track, manage, and coordinate the data:
(1) Points shall be accrued on a school-year basis.
(2) Points may not accrue for the first three days of in-school suspension in any school year; however, beginning with the fourth day of suspension in any school year, all days, including the first three, of in-school suspension shall be counted in determining the points.
(3) Points may not accrue for an initial out-of-school suspension of two days or less in any school year; however, the days of the initial suspension shall be used to determine the points after a second out-of-school suspension in any school year or all days will be used to determine points if the initial suspension exceeds two days.
(4) Accumulated points shall be reduced by one-half if the student has not received additional accumulated points for one school year. If no additional points are received for two years, all records of the accumulated points shall be removed from the student’s records at the school.
(Act 2009-713, p. 2095, §1.)
(a) The Alabama Department of Public Safety shall be the final arbiter as to the date of eligibility of a student based on accumulated points.
(b) If the department refuses to issue a permit or license, the student shall have a right to an impartial hearing before the Director of Public Safety or his or her designee. At the hearing, the student shall have the right to be represented by counsel and to present witnesses. The student may appeal within 14 days from the date of an adverse decision to the district court of his or her residence for a trial de novo.
(c) All records and decisions of the department pursuant to Act 2009-713 shall be confidential, and no action taken by the school and the department shall be used for purposes of affecting the insurance of the student or his or her parent.
(d) The requirements of this section are in addition to the requirements of Sections 32-6-7.2 and 32-6-8.
(Act 2009-713, p. 2095, §2.)
(a) Any person 16 years of age or older who, except for his or her lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a driver’s license under this article may apply for a learner’s license, and the Department of Public Safety, Driver License Division, may issue the license upon a form which shall be provided by the Director of Public Safety, entitling the applicant, while having the license in his or her immediate possession, to drive or operate a motor vehicle upon the highways for a period of four years, except when operating a motorcycle, the person shall be accompanied by a licensed driver who is at least 21 years of age and actually occupying a seat beside the driver. At the time of applying for the license, the applicant shall pay to the Department of Public Safety, Driver License Division, a fee of twenty dollars ($20), and the Department of Public Safety, Driver License Division, shall give the applicant a learner’s license therefor on a form to be provided by the Director of Public Safety. The temporary instruction license may be renewed only by order of the Director of Public Safety, and in no case shall the original license be renewed or extended more than once. The Department of Public Safety, Driver License Division, shall not issue the Stage I temporary instruction license until the applicant has undergone the same examination that a person applying for a Stage II or Stage III driver’s license is required by law to undergo, with the exception of the driving test, and produced a certificate to that effect signed by the proper examining officer.
(b) Any person not less than 15 but under 16 years of age may obtain a Stage I learner’s license to learn to operate a motor vehicle upon application to the Department of Public Safety, Driver License Division, which license shall entitle the person to operate a motor vehicle when he or she is accompanied by a parent or his or her legal guardian or a person who is age 21 or over who is duly licensed in this state as a motor vehicle operator or when accompanied by a licensed or certified driving instructor who is actually occupying a seat beside the motor vehicle operator. The application for the Stage I learner’s license shall be accompanied by a payment of a fee of twenty dollars ($20), to be distributed as provided in Section 32-6-5. The age of the applicant shall be substantiated by the applicant filing with the department a certified copy of his or her birth certificate. A Stage I learner’s license issued under this subsection shall be in such form as the Director of Public Safety may prescribe; it shall expire in four years; or when the holder subsequently applies for and receives a Stage II or Stage III driver’s license. The Stage II or Stage III driver’s license shall be issued for the remainder of the four year life of the learner’s license at no additional fee, the certificate thereof shall be prima facie evidence that the license holder was 15 years of age or older on the date of its issuance. The license may be suspended or revoked in the same manner and for the same causes as a driver’s license and may also be revoked for any violation of the terms and conditions on which it was issued. The Department of Public Safety, Driver License Division, shall not issue such a license to any person until the applicant has undergone the same examination that a person applying for a Stage II or Stage III driver’s license is required by law to undergo, with the exception of the driving test, and has produced a certificate to that effect signed by the proper examining officer.
(c) As used in this section, the following words shall have the following meanings:
(1) STAGE I. A learner’s permit.
(2) STAGE II. A regular driver’s license with restrictions based on age and the date of issuance.
(3) STAGE III. An unrestricted driver’s license.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §64; Acts 1951, No. 880, p. 1519; Acts 1959, No. 346, p. 935; Acts 1973, No. 1289, p. 2201; Acts 1988, 1st Sp. Sess., No. 88-729, p. 125, §1; Acts 1993, No. 93-769, p. 1538, §1; Act 2002-408, p. 1026, §3; Act 2006-554, p. 1279, §1; Act 2010-735, p. 1850, §§1, 2.)
(a) Every licensee shall have his or her license in his or her immediate possession at all times when driving a motor vehicle and shall display the same, upon demand of a judge of any court, a peace officer, or a state trooper. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver’s license theretofore issued to him or her and valid at the time of his or her arrest.
(b) For every person found in violation of this section or Section 32-6-1, a reasonable effort shall be made as soon as possible, but not later than within 48 hours, to determine the citizenship of the person and if an alien, whether the alien is lawfully present in the United States by verification with the federal government pursuant to 8 U.S.C. § 1373(c). An officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §65; Act 2011-535, p. 888, §18; Act 2012-491, p. 1410, §3.)
The Director of Public Safety is hereby empowered to enter into reciprocal agreements, when not in conflict with law, with other states or countries constituting an exchange of rights or privileges in the use of drivers’ licenses within this state by people who hold a valid driver’s license in another state or country; provided, that nothing herein contained shall in any way affect the revocation of licenses of another state or country. The reciprocal agreement can be annulled on notice issued to either party by the other party thereto within 30 days. No such agreement shall authorize a person who has been a resident of this state for the past 90 days to operate a motor vehicle in this state without a valid driver’s license issued by the Director of Public Safety of this state, unless otherwise authorized by law.
(Acts 1951, No. 873, p. 1512; Acts 1996, No. 96-762, p. 1347, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) FOREIGN NATIONAL. An individual who is not a citizen of the United States.
(2) LICENSE. An Alabama driver license, non-driver identification card, or vessel license.
(b) The application for a license to be issued to a foreign national shall contain, in addition to the information on the established application, the applicant’s country of origin and the expiration date of the acceptable form of immigration documentation as outlined in this section.
(c) Applications for a foreign national license shall be processed only at driver license offices designated by the Secretary of the Alabama State Law Enforcement Agency.
(d) The license issued to a foreign national shall include a designation that the license is issued to a foreign national in a manner set forth by the Secretary of the Alabama State Law Enforcement Agency on the license. The designation shall distinguish between foreign nationals with lawful permanent residence in the United States and foreign nationals whose authorized period of stay in the United States is temporary.
(e) The license issued to a foreign national shall expire on the date of the expiration of the acceptable form of immigration documentation provided at the time of application.
(f) In order for a foreign national to renew his or her license, the applicant must re-initiate the licensing process in the same manner as a first-time applicant.
(g) Under no circumstances shall the agency issue a license for a period of less than 30 days.
(h) A license issued pursuant to this section may not be presented or accepted for purposes of complying with Section 17-9-30.
(i) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules concerning the enforcement of this section.
(Act 2004-557, p. 1198, §§1-3; Act 2012-491, p. 1410, §2; Act 2023-483, §1; Act 2025-307, §1.)
The Director of Public Safety is hereby authorized to enter into an agreement with the Secretary of Defense of the United States or the duly authorized authorities of any federal military installation relative to the reciprocal recognition of point values assessed against drivers of motor vehicles for certain offenses against motor vehicle and traffic laws, rules, and regulations when such point values are to be used in determining whether to revoke the driving privileges or the driver’s license of the offender because he or she is an habitually reckless or negligent driver or is an habitual violator of traffic laws and regulations.
(Acts 1969, No. 569, p. 1054.)
(a) The Director of Public Safety, upon issuing an operator’s license, shall have authority whenever the licensee is afflicted with or suffering from a physical disability to impose restrictions suitable to the licensee’s driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the Director of Public Safety may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The Director of Public Safety in such case may either issue a special restricted license or may set forth such restrictions upon the usual license form.
(c) The Director of Public Safety may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend the same, but the licensee shall be entitled to a hearing as upon a suspension under Section 32-5A-195.
(d) It shall be a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in such a restricted license issued to him or her.
(Acts 1951, No. 876, p. 1514.)
(a) The Alabama State Law Enforcement Agency shall develop and implement a Class D hardship driver license program with specified and limited driving privileges for inmates in work release programs or community corrections programs and for persons released from incarceration from the Department of Corrections. Each person released from a period of confinement from the Department of Corrections, immediately following his or her release, shall be eligible to apply for a hardship driver license with specified and limited driving privileges from the Alabama State Law Enforcement Agency and shall be subject to rules, terms, regulations, restrictions, and eligibility requirements established by the Alabama State Law Enforcement Agency, as well as subject to payment of a fee not to exceed the cost of production and issuance of the hardship driver license.
(b) The Alabama State Law Enforcement Agency shall develop and implement a Class D hardship driver license program with specified and limited driving privileges for a person with a suspended or revoked license who can demonstrate to the reasonable satisfaction of the agency that he or she does not pose a risk to public safety and cannot obtain reasonable transportation as further provided in this section. Any person with a suspended or revoked license who can fully demonstrate to the reasonable satisfaction of the agency that he or she cannot obtain reasonable transportation shall be eligible to apply for a hardship driver license with specified and limited driving privileges from the agency and shall be subject to rules, terms, regulations, restrictions, and eligibility requirements established by the agency, as well as subject to payment of a fee not to exceed the cost of production and issuance of the hardship driver license.
(c) A person whose hardship driver license has been revoked shall not be eligible to apply for a driver’s license until at least six months from the date the license was revoked.
(d) A person who has been adjudicated or convicted of driving under the influence, pursuant to Section 32-5A-191, shall not be eligible for a hardship driver license.
(e) The Secretary of the Alabama State Law Enforcement Agency shall promulgate such rules, regulations, restrictions, and eligibility requirements as are necessary to implement the provisions of this section. Additionally, the Alabama State Law Enforcement Agency shall collaborate with the Board of Pardons and Paroles to implement the provisions of this section.
(Act 2015-185, p. 476, §13; Act 2018-289, §1.)
The Director of Public Safety, with the approval of the Governor, shall establish and promulgate reasonable rules and regulations not in conflict with the laws of this state concerning operation of motor vehicles and concerning the enforcement of the provisions of this article.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §72.)
The Director of Public Safety shall file every application for a license received by him or her and shall maintain suitable indices thereto. The Director of Public Safety shall also file all accident reports and abstracts of court records of convictions received by him or her under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he or she has been involved shall be readily ascertainable and available for the consideration of the Director of Public Safety upon any application for renewal of license and at other suitable times.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §73.)
(a) In the event any driver license issued under this article is lost or destroyed, the individual to whom the same was issued may upon collection of the required fee and upon furnishing proof to the Secretary of the Alabama State Law Enforcement Agency that the same has been lost or destroyed, secure a duplicate. No fee shall be charged to a qualified student, as defined by Section 16-28-40(b)(2), for his or her first duplicate driver license. The second and subsequent duplicates applied for shall require the payment of a fee of fifteen dollars ($15) and, upon furnishing proof to the secretary that his or her previously held license or duplicate has been lost or destroyed, secure another duplicate. Application for a duplicate shall be made to the secretary on forms provided by the secretary. The fee shall be collected by the secretary, paid into the State Treasury, and credited to the Highway Traffic Safety Fund for the Alabama State Law Enforcement Agency.
(b) Any person making a false affidavit to the Secretary of the Alabama State Law Enforcement Agency for the purpose of obtaining a duplicate driver license shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §74; Acts 1971, No. 1933, p. 3121; Acts 1973, No. 1290, p. 2203; Acts 1988, 1st Sp. Sess., No. 88-728, p. 125, §1; Act 2000-800, p. 1901, §1; Act 2022-300, §1.)
(a) Any person whose driving license has been cancelled, suspended, or revoked under Section 32-5A-195 or any other provision of Alabama law by the Director of Public Safety or by any court of competent jurisdiction shall, upon application for reinstatement of the driving license, pay to the Director of Public Safety the following fees:
(1) For cancellations, suspensions, or revocations for any drug or alcohol related offenses, a fee of two hundred seventy-five dollars ($275), two hundred dollars ($200) of which shall be deposited into the Department of Public Safety Highway Traffic Safety Fund and seventy-five dollars ($75) of which shall be deposited into the State General Fund.
(2) For revocations not related to drug or alcohol offenses, a fee of one hundred seventy-five dollars ($175), one hundred dollars ($100) of which shall be deposited into the Department of Public Safety Highway Traffic Safety Fund and seventy-five dollars ($75) of which shall be deposited into the State General Fund.
(3) For cancellations and suspensions not related to drug or alcohol offenses, a fee of one hundred dollars ($100), twenty-five dollars ($25) of which shall be deposited into the Department of Public Safety Highway Traffic Safety Fund and seventy-five dollars ($75) of which shall be deposited into the State General Fund.
(4) No fee shall be collected from a person whose driver’s license has been suspended for medical reasons set out in rules promulgated by the director.
(b) An additional fifty dollars ($50) is imposed if the cancelled, suspended, or revoked license is not voluntarily surrendered within 30 days of a cancellation, suspension, or revocation notice. Upon receipt of the reinstatement fee, clearance for relicensing shall be provided. The second and any subsequent clearance for relicensing for this action shall be provided for a fee of five dollars ($5). Upon reinstatement, the licensee shall obtain a duplicate license with a new photograph and current personal data. Except as provided in subsection (a), any sums collected by the director under this section shall be deposited into the State General Fund and shall not be returned to the applicant for reinstatement of his or her license, notwithstanding what action the director may take on the person’s application for reinstatement of the driving license.
(c) The Department of Public Safety shall notify by mail any person whose license has been suspended, cancelled, or revoked. The cost of the mailing may be added to the fee.
(Acts 1971, No. 1597, p. 2743; Acts 1988, 1st Sp. Sess., No. 88-731, p. 134, §1; Act 2001-471, p. 627, §§1, 3; Act 2003-430, p. 1239, §1.)
(a) Notwithstanding any other provision of law, a judge may only order an individual’s driver license or driving privilege be suspended for failing to appear in court when either of the following occur:
(1) The individual violates his or her written bond to appear or otherwise fails to appear for any pre-adjudication court date or trial date.
(2) The individual failed to appear on more than one occasion when the court appearance is based on a court’s post adjudication compliance review of conditions ordered by the court for a traffic violation.
(b) The Alabama State Law Enforcement Agency shall suspend an individual’s driver license or driving privilege upon receipt of the court order suspending the license.
(c) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules as necessary to implement and administer the requirements of this section.
(d) This section shall not apply to an individual holding a commercial driver license or a commercial learner license or to an individual operating a commercial vehicle at the time of the traffic violation.
(e) If any individual’s driver license or driving privilege is suspended for failure to appear, his or her driver license or driving privilege shall be reinstated upon compliance with the notice to appear and the payment of the reinstatement fee.
(Act 2023-337, §1.)
(a) A court may not suspend an individual’s driver license for failure to pay a fine, fee, or court cost as a result of a traffic violation unless the individual fails to make three or more of the required payments if the court’s order permits the payment of fines, fees, or court costs as part of a payment plan.
(b) It is the intent of the Legislature that, pursuant to Section 150 of the Constitution of Alabama of 2022, the Supreme Court of Alabama shall amend its rules to conform with this section.
(c) This section shall not apply to an individual holding a commercial driver license or a commercial learner license or to an individual operating a commercial motor vehicle at the time of the traffic violation.
(Act 2023-337, §2.)
(a) Notwithstanding any other provision of law, for the purposes of ensuring that habitually reckless or negligent drivers do not remain on the road, the Alabama State Law Enforcement Agency shall add points to an individual’s driver license for any traffic violation for which the individual has received a final conviction.
(b)(1) For purposes of subsection (a), the term “final conviction” means a judicial finding of guilt or a plea of guilty.
(2) After a final conviction, the court shall forward a record of the conviction to the Alabama State Law Enforcement Agency after the time has elapsed to perfect an appeal.
(c) A final conviction is the only time when points may be assessed for an underlying traffic violation.
(Act 2023-337, §3.)
Nothing in Sections 32-6-17.1, 32-6-17.2, or 32-6-17.3 shall alter or limit any provision of the Motor Vehicle Responsibility Act, Chapter 7 of Title 32, or of the Mandatory Liability Insurance Act, Chapter 7A of Title 32, including a court’s authority to order and enforce restitution by an individual found to have violated either act.
(Act 2023-337, §4.)
(a) Any person of whom a driver’s license is required, who drives a motor vehicle on a public highway in this state without first having complied with this article or the rules and regulations promulgated hereunder shall be guilty of a misdemeanor, and, upon conviction shall be punished by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100), to be fixed in the discretion of the judge trying the case. In addition to all fines, fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional penalty of fifty dollars ($50). This additional penalty of fifty dollars ($50) imposed pursuant to this subsection shall be assessed in all criminal and quasi-criminal proceedings in municipal, district, and circuit courts, including, but not limited to, final bond forfeitures, municipal ordinance violations wherein the defendant is adjudged guilty or pleads guilty, and in all juvenile delinquency and youthful offender adjudications.
(b) Any person who willfully makes a false statement under oath in an application for driver’s license or for a renewal thereof shall be guilty of perjury and shall be punished as now provided by law.
(c) Any person who willfully conceals or withholds a material fact in an application for a driver’s license or renewal thereof with intent to obtain the license by fraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100), and may be imprisoned at hard labor for the county not to exceed 12 months, to be fixed in the discretion of the court trying the case.
(d) Any person who violates this article for which no fixed punishment is prescribed or who violates any rule or regulation promulgated as herein authorized shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100).
(e) All fines, penalties, or forfeitures imposed pursuant to this article for violations of state law or for juvenile and youthful offender adjudications in district and circuit court shall be forwarded immediately upon collection by the officer of the court who collects the proceeds to the state Comptroller. All moneys received by the state Comptroller shall be deposited into the State Treasury to the credit of the General Fund except the fifty dollar ($50) penalty which shall be distributed as follows:
(1) Twenty-five dollars ($25) shall be placed in the Traffic Safety Trust Fund.
(2) Twenty-five dollars ($25) shall be placed in the Peace Officers Standards and Training Commission Fund.
(f)(1) All fines, penalties, or forfeitures imposed in municipal ordinance cases shall be distributed to the general fund of the respective municipality. All fines, penalties, or forfeitures for municipal ordinance cases tried originally in district and circuit court shall be distributed pursuant to Section 12-19-154.
(2) The additional fifty dollar ($50) penalty shall be forwarded immediately to the state Comptroller to be deposited as follows:
a. Twenty-five dollars ($25) shall be deposited in the Traffic Safety Trust Fund.
b. Twenty-five dollars ($25) shall be deposited in the Peace Officers Standards and Training Commission Fund.
(g) If the fifty dollar ($50) penalty required by subsection (a) is not imposed by the court, the clerk of the court shall automatically assess it upon conviction.
(Acts 1939, No. 181, p. 300; Acts 1939, No. 377, p. 503; Code 1940, T. 36, §69; Acts 1943, No. 341, p. 322; Acts 1953, No. 828, p. 1115; Acts 1955, No. 43, p. 260, §2; Acts 1997, No. 97-494, p. 985, §1; Act 98-671, p. 1475, §1.)
(a)(1) Any person whose driver’s or chauffeur’s license issued in this or another state or whose driving privilege as a nonresident has been cancelled, denied, suspended, or revoked as provided in this article and who drives any motor vehicle upon the highways of this state while his or her license or privilege is cancelled, denied, suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and in addition thereto may be imprisoned for not more than 180 days. In addition to all fines, fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund. Also, at the discretion of the Director of Public Safety, the person’s license may be revoked for an additional revocation period of six months.
(2) The additional penalty of fifty dollars ($50) shall be assessed in all criminal and quasi-criminal proceedings in municipal, district, and circuit courts, including, but not limited to, final bond forfeitures, municipal ordinances violations, wherein the defendant is adjudged guilty or pleads guilty and in all juvenile delinquency and youthful offender adjudications.
(3) If the fifty dollar ($50) penalty required by subdivision (1) is not imposed by the court, the clerk of the court shall automatically assess it upon conviction.
(b) Notwithstanding any provision of law, any person who operates a motor vehicle upon the highways of this state while his or her driver’s license or driving privilege is revoked for any reason under the laws of this state or similar laws of any other state or territory, or while his or her driver’s license or driving privilege is suspended as a consequence of a DUI-related offense, including, but not limited to, being adjudicated delinquent or a youthful offender based on a DUI-related offense, or while his or her driver’s license or driving privilege is suspended as a result of failure to comply with the implied consent law of this state or laws of another state, or who has been adjudicated a delinquent child or a youthful offender based on an offense that if the person had been an adult would have been a conviction of driving under the influence of a controlled substance or alcohol or failure to comply with the implied consent law, shall be immediately removed from the vehicle. The vehicle, regardless of ownership or possessory interest of the operator or person present in the vehicle, except when the owner of the vehicle or another family member of the owner is present in the vehicle and presents a valid driver’s license, shall be impounded by any duly sworn law enforcement officer. If there is an emergency or medical necessity jeopardizing life or limb, the law enforcement officer may elect not to impound the vehicle.
(c)(1) The law enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle until the registered owner or authorized agent of the registered owner claims the vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The vehicle shall then be released to the registered owner or an agent of the owner.
(2) Any towing service or towing company removing the vehicle at the direction of the law enforcement officer in accordance with this section shall have a lien on the motor vehicle for all reasonable and customary fees relating to the towing and storage of the motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interest or other liens by official service of process at least 15 days prior to any sale or other proceedings.
(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §70; Acts 1951, No. 894, p. 1534; Acts 1983, No. 83-620, p. 959, §1; Acts 1997, No. 97-494, p. 883, §1; Act 98-470, p. 909, §1; Act 98-671, p. 1475, §1.)
After making such studies and examinations as may be necessary, the Director of the Department of Public Safety shall prescribe in writing the standards and requirements for the equipment and processes to be used to implement this article, and shall cause the State Purchasing Agent to solicit public bids based upon those standards and requirements, in conformity with the competitive bid law of the State of Alabama; except, that such contracts may be awarded for a period of a total of five years, instead of one year, and the Director of the Department of Public Safety shall, on behalf of the State of Alabama, enter into contracts with the lowest responsible bidders for such services and/or for the lease or purchase of such equipment as might be required for the efficient and economical operation of the system theretofore developed. In addition thereto, the Director of the Department of Public Safety shall require of the successful bidder a sufficient performance bond or written warranty to guarantee performance of the contract awarded, and sufficient to protect the interests of the State of Alabama and the licensees. All procurements and subsequent contracts for data processing equipment shall be coordinated with, and approved by, the data systems management division of the Alabama Department of Finance.
(Acts 1975, No. 539, p. 1192, §3.)
(a) Every applicant for an original driver license, temporary instruction and learner permit, and motor driven cycle operator license, shall pay an examination fee of five dollars ($5) to the Alabama State Law Enforcement Agency upon applying to the officer, state trooper, or duly authorized agent of the Secretary of the Alabama State Law Enforcement Agency, or to one of them where there is more than one designated by the secretary. The five dollar ($5) fee shall be required prior to each examination. No driver license examination fee shall be charged to a qualified student, as defined in Section 16-28-40(b)(2), for his or her first examination.
(b) The Alabama State Law Enforcement Agency shall issue proper receipts for the examination fee and shall properly transmit all monies received by the agency for deposit in the State General Fund.
(Acts 1980, No. 80-530, p. 829; Acts 1995, No. 95-191, p. 265, §1; Act 2022-300, §1.)
This division may be cited as the Alabama Driver License Compact Act.
(Acts 1966, Ex. Sess., No. 401, p. 540, §1.)
The Driver License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
Driver License Compact Article I Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
Article II Definitions
As used in this compact:
(a) “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
(b) “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(c) “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense and which conviction or forfeiture is required to be reported to the licensing authority.
Article III Reports of Conviction
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
Article IV Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to article III of this compact, as it would if such conduct had occurred in the home state, in the case of conviction for:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denomination and description appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
Article V Application for New Licenses
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
Article VI Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstances, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
Article VII Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.
Article VIII Entry Into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.
Article IX Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the Constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
(Acts 1966, Ex. Sess., No. 401, p. 540, §2.)
As used in the compact, the term “licensing authority,” with reference to this state, shall mean the Department of Public Safety. The Director of Public Safety shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact.
(Acts 1966, Ex. Sess., No. 401, p. 540, §3.)
The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his or her service as such administrator, but shall be entitled to expenses incurred in connection with his or her duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his or her office or employment.
(Acts 1966, Ex. Sess., No. 401, p. 540, §4.)
As used in the compact with reference to this state, the term “executive head” shall mean the Governor.
(Acts 1966, Ex. Sess., No. 401, p. 540, §5.)
Any court or other agency of this state, or a subdivision thereof, which has jurisdiction to take any action suspending, revoking, or otherwise limiting a license to drive, shall report any such action and the adjudication upon which it is based to the Director of Public Safety in the manner and within the time provided by Section 32-6-16.
(Acts 1966, Ex. Sess., No. 401, p. 540, §6.)
Article IV of the compact, set forth in Section 32-6-31, shall apply to those offenses enumerated in Section 32-5A-195, and any suspension therefor shall be governed by the provisions of this section.
(Acts 1966, Ex. Sess., No. 401, p. 540, §7.)
For purposes of this division these terms shall have the following meanings:
(1) DIRECTOR. The Director of Public Safety for the State of Alabama.
(2) DEPARTMENT. The state Department of Public Safety.
(3) BOARD. The Driver License Medical Advisory Board established under Section 32-6-41.
(Acts 1979, No. 79-619, p. 1097, §1.)
(a) There is hereby created within the state Department of Public Safety a Driver License Medical Advisory Board for the purposes of advising the director concerning the medical aspects of driver licensure.
(b) The board shall consist of a minimum of 18 physicians appointed by the director, from a slate of nominees submitted by the Medical Association of the State of Alabama and one licensed optometrist appointed by the director from a slate of nominees submitted by the Alabama Optometric Association. Each member of the board shall be licensed to practice in this state.
(c) The board shall be appointed initially as follows: Six members to serve two-year terms, six members to serve three-year terms, and six members to serve four-year terms; thereafter appointments shall be for four-year terms, and vacancies shall be filled by appointment for the unexpired portion of the term. The director may increase or decrease the number of members on the board if, in the opinion of the director, additional members are needed to fulfill the responsibilities of the Department of Public Safety, as long as there is a minimum of 18 members on the board.
(d) Board members shall serve without compensation but shall be reimbursed for necessary travel expenses incurred in performing their duties as is provided state employees traveling in the service of the state. The payments shall be made from funds appropriated to the department.
(e) The board shall meet as the director deems necessary. Six members shall constitute a quorum for the purposes of conducting business.
(Acts 1979, No. 79-619, p. 1097, §2(a); Acts 1997, No. 97-671, p. 1294, §1.)
The board shall have the following responsibilities: (1) advise the director on medical criteria relating to the safe operation of motor vehicles; (2) recommend to the director procedures and guidelines for licensing individuals with physical or mental impairment; (3) initiate the development of medically acceptable report forms; (4) direct research of medically impaired individuals; (5) recommend a training course for driver examiners in the medical aspects of licensure; (6) spearhead efforts to orient the general physician population as well as the public in the medical aspects of driver licensure; (7) assist in the development of regional driver license medical advisory boards to be constituted similarly to the board established by this division; and (8) evaluate individual problem cases that require more than one opinion or that cannot be screened out in light of guidelines established by the board. The board may formulate such advice from records and reports or may cause a physical examination and written report to be made by a physician of the applicant’s choice, licensed to practice in this state, or by one or more members of the board. The individual licensed driver or applicant may cause a written report to be forwarded to the board by a physician of his or her choice licensed to practice in this state, and such report shall be given due consideration by the board. The board shall exercise its option of interviewing in person any driver or applicant whose ability to operate a motor vehicle safely cannot be ascertained through written reports or records.
(Acts 1979, No. 79-619, p. 1097, §2(b).)
Reports or records, received or made by the board or any of its members, or by the director in determining whether a person meets the medical, physical, or mental standards to be licensed as a driver are for the confidential use of the board and the director’s office, and the reports or records shall not be divulged to any other person, federal, state, or local government or private entity, or used as evidence in any trial, except that the reports or records may be submitted in proceedings under the provisions of Section 32-5A-195, and may be provided to the person who has been denied a driver license based upon the reports.
(Acts 1979, No. 79-619, p. 1097, §3; Acts 1997, No. 97-671, p. 1294, §2.)
(a) The director shall give fair consideration to any opinion, reports, records, or recommendations of the board or of private physicians licensed to practice in this state and submitting same pursuant to this division; however, all such opinions and reports shall be solely advisory and not binding on the director.
(b) Any person under review who refuses to admit to an examination or consent to provide information, or both, shall as a matter of law be considered unqualified to operate a motor vehicle until such time as the individual complies with the board’s requests and the board can make its findings and recommendations to the director.
(Acts 1979, No. 79-619, p. 1097, §4.)
No civil or criminal action may be brought against the board, any of its members, the director or director’s office or its employees, or any physician licensed to practice in this state, for providing any reports, records, examinations, opinions, or recommendations pursuant to the division. In addition, any other person acting in good faith and without negligence or malicious intent in making a report to the director’s office pursuant to this division shall have the immunity from civil liability that might otherwise be incurred or imposed.
(Acts 1979, No. 79-619, p. 1097, §5.)
Meetings of the board in which reports received for the purpose of determining the medical condition of an applicant are considered as closed sessions, since those reports are confidential under Section 32-6-43.
(Acts 1979, No. 79-619, p. 1097, §6.)
A person whose driver’s license has been cancelled, suspended, or revoked or whose application for a driver’s license has been denied shall have the right of judicial appeal of such action, as provided under Section 32-5A-195. No person shall be allowed to drive in violation of any cancellation, suspension, revocation, or denial of application while any such appeal is pending.
(Acts 1979, No. 79-619, p. 1097, §7.)
This division shall not prohibit the director from utilizing the Alabama Optometric Association, the Alabama Academy of Ophthalmology, or any other group, association or board for advice relating to the promulgation of vision standards for licensing drivers.
(Acts 1979, No. 79-619, p. 1097, §8.)
This article may be cited as the Alabama Uniform Commercial Driver License Act.
(Acts 1989, No. 89-878, p. 1759, §1.)
The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99-570) and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(a) Permitting commercial drivers to hold only one license;
(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
(c) Strengthening commercial driver licensing and testing standards.
This article is a remedial law which should be liberally construed to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article prevails. Where this article is silent, the general driver licensing provisions apply.
(Acts 1989, No. 89-878, p. 1759, §2.)
Notwithstanding any other provision of this article, the following definitions shall be applicable unless the context clearly indicates otherwise:
(1) ALCOHOL.
a. Beer, ale, port, or stout and other similar fermented beverages (including sake or similar products), of any name or description containing one-half of one percentum or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
b. Wine of not less than one-half of the percentum of alcohol by volume; or
c. Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) ALCOHOL CONCENTRATION.
a. The number of grams of alcohol per 100 milliliters of blood; or
b. The number of grams of alcohol per 210 liters of breath; or
c. The number of grams of alcohol per 67 milliliters of urine.
(3) COMMERCIAL DRIVER LICENSE. (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4) COMMERCIAL DRIVER LICENSE INFORMATION SYSTEM. (CDLIS) is the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) COMMERCIAL MOTOR VEHICLE. A motor vehicle designed or used to transport passengers or property:
a. If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
b. If the vehicle is designed to transport 16 or more passengers, including the driver; or
c. If the vehicle is transporting hazardous materials and is required to be placarded in accordance with federal or state law.
(6) CONTROLLED SUBSTANCE. Any substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and includes all substances listed on Schedules I through V, of 21 C.F.R. part 1308, as they may be revised from time to time.
(7) CONVICTION. An unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, or a plea nolo contendere accepted by the court, regardless of whether or not the penalty is rebated, suspended, or probated.
(8) DEPARTMENT. The Department of Public Safety.
(9) DIRECTOR. The Director of the Department of Public Safety.
(10) DISQUALIFICATION. A withdrawal of the privilege to drive a commercial motor vehicle, pursuant to Section 32-5A-195 and this article.
(11) DRIVE. To drive, operate, or be in physical control of a motor vehicle.
(12) DRIVER. Any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver license.
(13) DRIVER LICENSE. A license issued by a state to an individual which authorizes the individual to drive a motor vehicle.
(14) EMPLOYER. Any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.
(15) FELONY. Any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year.
(16) FOREIGN JURISDICTION. Any jurisdiction other than a state, territory, province, or possession of the United States.
(17) GROSS VEHICLE WEIGHT RATING. (GVWR) The value specified by the manufacturer(s) as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The GVWR of a combination (articulated) vehicle (commonly referred to as the “Gross Combination Weight Rating” or GCWR), is the GVWR of the power unit plus the GVWR of the towed unit or units.
(18) HAZARDOUS MATERIALS. Has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.), and as provided by any federal or state law, existing or hereafter enacted.
(19) MOTOR VEHICLE. Every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except vehicles moved solely by human power and motorized wheel chairs.
(20) OUT OF SERVICE ORDER. A temporary prohibition against driving a commercial motor vehicle.
(21) SERIOUS TRAFFIC VIOLATION. A conviction when operating a commercial motor vehicle of:
a. Excessive speeding, involving a single charge of any speed 15 miles per hour or more, above the posted speed limit;
b. Reckless driving, as defined under Section 32-5A-190, as amended, or any other state or local law, including charges of driving a commercial motor vehicle in willful or wanton or reckless disregard for the safety of persons or property, improper or erratic traffic lane changes, or following the vehicle ahead too closely;
c. A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident; and
d. Any other violation of Title 32, Chapter 5A, Article 9, as amended, or any state or local law relating to motor vehicle traffic control, other than a parking violation, which the Director of the Department of Public Safety determines by regulation to be serious.
(22) STATE. A state of the United States and the District of Columbia;
(23) UNITED STATES. The 50 states and the District of Columbia, or a territory, province, or possession thereof.
(Acts 1989, No. 89-878, p. 1759, §3.)
No person who drives a commercial motor vehicle may have more than one driver license.
(Acts 1989, No. 89-878, p. 1759, §4.)
(a) Any driver holding a commercial driver license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, must notify his or her employer in writing of the conviction within 30 days of the date of conviction.
(b) Any driver whose commercial driver license is suspended, revoked, or cancelled by any state, or federal, provincial, territorial, or municipal laws of Canada, or who loses the privilege to drive a commercial motor vehicle in any such state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out of service order, must notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
(c) Any person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:
(1) A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each employer; and
(3) The reason for leaving that employer.
The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
(Acts 1989, No. 89-878, p. 1759, §5; Act 2024-245, §1.)
(a) Each employer must require the applicant to provide the information specified in Section 32-6-49.5(c).
(b) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) In which the driver has had his or her commercial driver license suspended, revoked, or cancelled by any state, is currently disqualified from driving a commercial vehicle, or subject to an out of service order in any state; or
(2) In which the driver has more than one driver license.
(Acts 1989, No. 89-878, p. 1759, §6.)
(a) Except when driving with a commercial driver license learner’s permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this state unless the person holds, and is in immediate possession of, a commercial driver license with applicable endorsements valid for the vehicle he or she is driving.
Active duty military or National Guard personnel operating government vehicles, farmers operating certain commercial motor vehicles, firefighters and operators of emergency equipment exempt from licensing provisions of the CMVSA are exempt from this article as detailed in FHWA’s “Notice of Final Disposition” published in the Federal Register, September 26, 1988, 53 FR 37313, and as hereafter updated.
Commercial driver license requirements do not apply to drivers of vehicles used for personal use such as recreational vehicles which would otherwise meet the definition of a commercial motor vehicle.
(b) No person may drive a commercial motor vehicle on the highways of this state while his or her driving privilege is suspended, revoked, or cancelled, while subject to a disqualification, or in violation of an out of service order.
(Acts 1989, No. 89-878, p. 1759, §7; Act 2004-521, p. 1060, §1.)
Commercial driver license qualification standards shall be as follows:
(a) Testing.
(1) GENERAL. No person may be issued a commercial driver license unless that person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. Part 383, Subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department.
(2) THIRD-PARTY TESTING. The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government to administer the skills test specified by this section, if the test is the same as what would otherwise be administered by the state and the third party has entered into an agreement with this state which complies with requirements of 49 C.F.R. § 383.75.
(b) Waiver of skills test. The department may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. § 383.77.
(c) Limitations on issuance of license. A commercial driver license may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person’s driver license is suspended, revoked, or cancelled in any state or foreign jurisdiction with reciprocity; nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing state or states for cancellation.
(d) The holder of a valid commercial driver license learner’s permit may drive a commercial motor vehicle only when accompanied by the holder of a commercial driver license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial vehicle.
(e) A commercial driver license learner’s permit for a particular class or classes of commercial vehicle may be issued to a person who meets all the qualifications required of a person seeking a commercial driver license and has passed the vision and written tests for that class of commercial driver license. Commercial driver license learner’s permits may be issued with any endorsements or restrictions provided for in 49 C.F.R. Part 383. The endorsements or restrictions shall be coded in accordance with the provisions of 49 C.F.R. § 383.153.
(Acts 1989, No. 89-878, p. 1759, §8; Act 2004-521, p. 1060, §1; Act 2024-245, §1.)
(a) An application for a commercial driver license or learner’s permit shall be processed as provided in this section. The application for a commercial driver license, learner’s permit, or commercial driver instruction permit shall include all of the following:
(1) The full name and current mailing address of the person, including his or her residential address, if different.
(2) A physical description of the person including sex, height, weight, eye and hair color.
(3) Date of birth.
(4) The applicant’s Social Security number.
(5) The person’s signature.
(6) The person’s color photograph.
(7) Certifications including those required by 49 C.F.R. part 383.71 (a).
(8) Any other information required by the department.
(9) A signed consent to release driving record information.
The application shall be accompanied by an application fee of twenty-five dollars ($25).
In addition, the following fees shall be paid where applicable:
a. A person may apply for a retest of the written portion of the license test for an additional fee of fifteen dollars ($15).
b. A person may apply to have the skills portion of the license test administered by the department for a fee of twenty dollars ($20).
c. A person applying for an endorsement to his or her license shall pay the application fee.
d. A person applying for a hazardous materials endorsement shall pay an additional fee as set by the department to cover the costs of doing a background check, the fee not to exceed the actual cost of doing the required background check.
The additional revenue from the additional fees collected pursuant to the application fee prescribed in subsection (a) shall be deposited as follows: Seventy-five cents ($.75) from each commercial driver’s license or learner’s permit application fee shall be deposited in the Peace Officer’s Annuity and Benefit Fund, and the remainder of any additional fees collected shall be deposited in the State General Fund. The additional revenue from the additional fees collected pursuant to paragraphs a., b., and c. shall be distributed to the Highway Traffic Safety Fund of the Department of Public Safety. The additional revenue from the additional fee collected pursuant to paragraph d. shall be deposited in the Public Safety Automated Fingerprint Identification System Fund to be appropriated to and expended by the Department of Public Safety in accordance with Section 32-2-61.
(b) When the holder of a commercial driver license changes his or her name, mailing address, or residence, an application for a duplicate license shall be made as provided by law.
(c) No person who has been a resident of this state for 30 days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.
(d) Any person who knowingly falsifies information or certifications required under subsection (a) is subject to suspension, revocation, or cancellation of his or her commercial driver license for a period of at least 60 consecutive days.
(e)(1) Any male applicant who applies for a commercial driver license or a commercial driver instruction permit or a renewal of the license or permit who is at least 18 years of age, but less than 26 years of age, shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 App. U.S.C.A. Sec. 453, as amended.
(2) The Department of Public Safety shall forward in an electronic format the necessary personal information of the applicants identified in subdivision (1) to the Selective Service System. The applicant’s signature on the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration. The department shall notify the applicant at the time of application that his signature constitutes consent to registration with the Selective Service System, if he is not already registered.
(Acts 1989, No. 89-878, p. 1759, §9; Act 2001-500, p. 877, §1; Act 2004-521, p. 1060, §1.)
(a) The commercial driver license shall be marked “Commercial Driver License” or “CDL,” and shall be, to the maximum extent practicable, tamper proof. It shall include, but not be limited to, all of the following information:
(1) The name and residential address of the person.
(2) The person’s color photograph.
(3) A physical description of the person including sex, height, weight, and eye and hair color.
(4) Date of birth.
(5) Any other number or identifier, not to include the Social Security number, of the person deemed appropriate by the department.
(6) The person’s signature.
(7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions.
(8) The name of this state.
(9) The dates between which the license is valid.
(b) Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions as provided below. The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles including Class D, except motorcycles (Class M). Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license.
(1) Commercial driver licenses shall be classified as follows:
Class A - Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, provided the GVWR of the vehicle or vehicles being towed is in excess of 10,000 pounds.
Class B - Any single vehicle with a GVWR of 26,001 pounds or more, and any such vehicle towing a vehicle not in excess of 10,000 pounds.
Class C - Any single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds comprising:
(i) Vehicles designed to transport 16 or more passengers, including the driver; and
(ii) Vehicles used in the transportation of hazardous materials which require the vehicle to be placarded under 49 C.F.R., Part 172, Subpart F.
(2) Commercial driver licenses may be issued with any endorsements or restrictions provided for in 49 C.F.R. Part 383. The endorsements or restrictions shall be coded in accordance with 49 C.F.R. § 383.153.
(c) Before issuing a commercial driver license, the department shall obtain driving record information through the Commercial Driver License Information System, the National Driver Register, and from each state in which the person has been licensed.
(d) Within 10 days after issuing a commercial driver license, the department shall notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the person.
(e) A commercial driver license issued pursuant to this article expires as set by existing state law.
(f) Renewal procedures for commercial driver licenses shall be as follows: Every person applying for renewal of a commercial driver license shall complete the application form required by subsection (a), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement shall be taken and passed.
(Acts 1989, No. 89-878, p. 1759, §10; Act 2005-325, 1st Sp. Sess., p. 792, §1; Act 2024-245, §1.)
(a)(1) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of one of the following:
a. Driving a motor vehicle under the influence of alcohol, a controlled substance, or any other drug that renders a person incapable of safely driving.
b. Driving a commercial motor vehicle while the alcohol concentration of the person’s blood, urine, or breath is 0.04 or more.
c. Knowingly and willfully leaving the scene of an accident involving a motor vehicle driven by the person.
d. Using a motor vehicle in the commission of any felony.
e. Refusal to submit to a test to determine the driver’s use of a controlled substance or alcohol concentration while driving a motor vehicle.
(2) If any of the violations described in this subsection occurred while transporting a hazardous material required to be placarded, the person is disqualified for a period of not less than three years.
(b) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (a), or any combination of those offenses, arising from two or more separate incidents.
(c) The Alabama State Law Enforcement Agency may adopt rules and establish guidelines, including conditions, under which a disqualification for life under subsection (b) may be reduced to a period of not less than 10 years.
(d) A person is disqualified from driving a commercial motor vehicle for life who uses a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(e) A person is disqualified from driving a commercial motor vehicle for life if the person is convicted of using a vehicle in the commission of a felony involving any act or practice of severe forms of trafficking in persons, as defined in 22 U.S.C. § 7102(11).
(f) A person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations, or 120 days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(g)(1) A person is disqualified from driving a commercial motor vehicle for not less than 90 days nor more than one year upon a first conviction of driving a commercial vehicle while under an out-of-service order.
(2) A person is disqualified from driving a commercial motor vehicle for not less than one year nor more than five years if during any 10-year period the person receives two convictions of driving a commercial vehicle while under an out-of-service order where the convictions arise out of separate incidents.
(3) A person is disqualified from driving a commercial motor vehicle for not less than three years nor more than five years if during any 10-year period the person receives three or more convictions of driving a commercial vehicle while under an out-of-service order where the convictions arise out of separate incidents.
(4) If a conviction of driving a commercial motor vehicle while under an out-of-service order arises out of an arrest where the person was transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq., or while operating motor vehicles designed to transport more than 15 passengers, including the driver, the person is disqualified for not less than 180 days nor more than two years upon a first conviction and not less than three years nor more than five years upon any subsequent conviction within a 10-year period where these factors exist.
(h)(1) A person is disqualified from operating a commercial motor vehicle for not less than 60 days upon a first conviction, not less than 120 days if during any three-year period the person receives two convictions, and not less than one year if during any three-year period the person receives three or more convictions of any of the following railroad-highway grade crossing violations:
a. The driver is not required to stop, but fails to slow down and check that tracks are clear of an approaching train.
b. The driver is not required to stop, but fails to stop before reaching the crossing if the tracks are not clear.
c. The driver is always required to stop, but fails to stop before driving onto the crossing.
d. The driver fails to have sufficient space to drive completely through the crossing without stopping.
e. The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing.
f. The driver fails to negotiate a crossing because of insufficient undercarriage clearance.
(2) A person is disqualified for not less than 120 days if during any three-year period the person receives two convictions of a railroad-highway grade crossing violation.
(3) A person is disqualified from operating a commercial motor vehicle for not less than one year if during any three-year period the person receives three or more convictions of a railroad-highway grade crossing violation.
(i) After suspending, revoking, or canceling a commercial driver license, the Alabama State Law Enforcement Agency shall update its records to reflect that action within 10 days. After suspending, revoking, or canceling a nonresident commercial driver’s privilege, the Alabama State Law Enforcement Agency shall notify the licensing authority of the state that issued the commercial driver license or commercial driver instruction permit within 10 days.
(j) A person who fails to report or disclose required information under this section, either before or after issuance of a commercial driver license, shall be guilty of a Class C felony.
(Acts 1989, No. 89-878, p. 1759, §11; Act 2004-521, p. 1060, §1; Act 2016-152, p.383, §1; Act 2024-245, §1.)
(a) Notwithstanding any other provision of this article, or of existing law, a person may not drive, operate, or be in physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in his or her system.
(b) A person who drives, operates, or is in physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in his or her system or who refuses to submit to an alcohol test under Section 32-6-49.13, must be placed out of service for 24 hours.
(c) Any person who drives a commercial motor vehicle within this state with an alcohol concentration of 0.04 or more must, in addition to any other sanctions which may be imposed under this article, or under federal or state law, or rules or regulations of the department, be disqualified from driving a commercial motor vehicle under Section 32-6-49.11.
(Acts 1989, No. 89-878, p. 1759, §12.)
(a) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to provisions of Section 32-5-192, to take a test or tests of that person’s blood, breath, or oral fluid, or any combination thereof, for the purpose of determining that person’s alcohol concentration or the presence of other drugs or any other impairing substance.
(b)(1) A test or tests shall be administered at the direction of a law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that the driver was driving a commercial motor vehicle while having any impairing substance in his or her system. The law enforcement officer shall test the driver at the scene by using a field breathalyzer or other approved device, technique, or procedure approved by the Department of Forensic Sciences, or transport the driver to an appropriate facility where a chemical test or tests by an approved method shall be administered either by the officer or at his or her direction, or both.
(2) A test or tests shall be administered at the direction of a law enforcement officer to all commercial motor vehicle drivers who are involved in any vehicular crash which results in death or physical injury requiring hospitalization or emergency medical treatment.
(c) A person requested to submit to a test or tests as provided in subsection (a) must be warned by the law enforcement officer requesting the test or tests that a refusal to submit to the test or tests will result in that person being immediately placed out of service for a period of 24 hours and being disqualified from operating a commercial motor vehicle for a period of not less than two years under Section 32-6-49.12.
(d) If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law enforcement officer shall submit a sworn report to the agency certifying that the test was requested pursuant to subsection (b) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.
(e) Upon receipt of the sworn report of a law enforcement officer submitted under subsection (d), the agency shall disqualify the driver from driving a commercial motor vehicle for a period of not less than two years under Section 32-6-49.12. This penalty shall be in addition to and cumulative of any other penalties imposed upon the driver under any other existing laws and shall run consecutively with any penalties for other offenses.
(f) Upon suspending the license or permit to drive or the privilege of driving a motor vehicle on the highways of this state that is given to a nonresident or any person, or upon determining that the issuance of a license or permit shall be denied to the person, the secretary, or his or her authorized agent, within three days of suspension shall notify the person in writing. Upon a request filed by the person within five days from the date of the notice of suspension or denial, the secretary shall schedule a hearing with notice of the hearing to be provided by certified mail to the person stating the date, time, place, and scope of the hearing. The scope of the hearing shall pertain to all of the following:
(1) Whether the law enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle on the public highways of this state while under the influence of the substances enumerated in subsection (a).
(2) Whether the person refused to submit to the test upon request of a law enforcement officer.
(3) Whether the person was informed that his or her privilege to drive would be suspended or denied if he or she refused to submit to the test.
(g) If the suspension or determination that there should be a denial of issuance is sustained by the secretary, or his or her authorized agent, the person whose license or permit to drive or a nonresident operating privilege has been suspended, or to whom a license or permit is denied, shall have the right to file a petition to review the final order, suspension, or denial within 30 days after the entry of the final order of suspension or denial by the secretary in the appropriate court to review the final order of suspension.
(h) Upon a determination that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, the secretary shall provide in writing the action taken to the motor vehicle administrator of the state of the person’s residence and to any state in which the person has a license.
(Acts 1989, No. 89-878, p. 1759, §13; Acts 1996, No. 96-324, p. 396, §1; Act 2021-498, §2.)
Within five days after receiving a report of the conviction of any nonresident holder of a commercial driver license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Alabama State Law Enforcement Agency must notify the driver licensing authority in the licensing state of the conviction.
(Acts 1989, No. 89-878, p. 1759, §14; Act 2016-152, §1.)
Notwithstanding any other provision of law to the contrary, the department must furnish full information regarding the driving record of any person:
(a) To the driver license administrator of any other state, or province or territory of Canada, requesting that information;
(b) To any employer or prospective employer upon request and payment of a fee of $5.75; and
(c) To insurers upon request and payment of a fee of $5.75.
(Acts 1989, No. 89-878, p. 1759, §15.)
The director and the Department of Public Safety may adopt any reasonable rules and regulations necessary to carry out the provisions of this article, and may promulgate and enforce such rules and regulations in accordance with the guidelines of the Department of Transportation.
(Acts 1989, No. 89-878, p. 1759, §16.)
The department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article.
(Acts 1989, No. 89-878, p. 1759, §17.)
AMENDED BY ACT 2026-220, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a valid commercial driver license or commercial driver license instruction permit issued by any state or provinces or territories of Canada in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, if the license is not suspended, revoked, or canceled; and if the person is not disqualified from driving a commercial motor vehicle, or subject to an out of service order.
(b) The department must give all out of state convictions full faith and credit and treat them for sanctioning purposes under this article as if they occurred in this state.
(Acts 1989, No. 89-878, p. 1759, §18.)
(a) For the purpose of defraying the cost of issuing commercial driver licenses, the Alabama State Law Enforcement Agency, judge of probate, or license commissioner shall collect all of the following fees:
(1) For each commercial driver license or commercial driver license learner’s permit, a fee equal to the sum of all fees imposed for the issuance of a Class D driver license.
(2) For each Class A commercial driver license, an additional sum of thirty dollars ($30).
(3) For each Class B commercial driver license, an additional sum of twenty dollars ($20).
(b)(1) Commercial driver licenses shall be issued for a period of four years.
(2) Commercial driver license learner’s permits shall be issued for a period of one year.
(c) The additional revenue from the additional fees collected pursuant to this section shall be deposited in the Public Safety Fund.
(Acts 1989, No. 89-878, p. 1759, §19; Acts 1990, No. 90-577, p. 982; Act 2004-521, p. 1060, §1; Act 2024-245, §1.)
Only offenses committed 60 days after the effective date of this article, and thereafter, shall be affected by the provisions of this article.
(Acts 1989, No. 89-878, p. 1759, §20.)
All sanctions, penalties, punishment, and fines, whether civil or criminal, are cumulative and shall be levied in addition to any and all other laws now provided relating to commercial motor vehicle licensure requirements, except to the extent such laws or sanctions, penalties, punishment, and fines are in direct conflict with the provisions of this article, in which event this article shall supersede.
(Acts 1989, No. 89-878, p. 1759, §21.)
(a) Any person who violates Section 32-6-49.4 shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be sentenced or fined, or both, as provided by law.
(b) No person charged with a violation of the commercial driver license laws of this state shall be eligible for any deferred prosecution program, diversion program, or any deferred imposition of judgment program.
(Acts 1989, No. 89-878, p. 1759, §22; Act 2004-521, p. 1060, §1.)
A holder of a commercial driver’s license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program.
(Act 2006-622, p. 1704, §1.)
(a) The Legislature finds that current economic conditions are such that the number of individuals willing and qualified to operate commercial vehicles is insufficient in relation to the volume of freight available, and that it will be advantageous, consistent with Commercial Driver License safety rules, for this state to issue Class A commercial driver licenses to persons who have reached the age of 18 years and have not yet reached the age of 21 years and who otherwise meet the requirements imposed by state and federal law to obtain a commercial driver license for use only in intrastate commerce.
(b)(1) Notwithstanding any provision of law to the contrary, the Alabama State Law Enforcement Agency shall issue Class A commercial driver licenses to persons who have reached their 18th birthday but have not yet reached their 21st birthday and are otherwise qualified for a commercial driver license, with such operation being restricted to intrastate commerce and the ability to obtain a Class A CDL Tank Vehicle endorsement. Such individuals are not eligible for Haz-Mat or passenger endorsements. Any person possessing a Class A commercial driver license shall comply with all state and federal laws and safety regulations.
(2) Any individual who is at least 18 years of age but has not reached 21 years of age is prohibited from operating oversize or specially configured loads that require permitting by the Alabama Department of Transportation.
(c) All applicants shall be familiar with and governed by the Federal Motor Carrier Safety Regulations at 49 CFR 380, Subparts E, F, and G, and 49 CFR 382 through 397, inclusive.
(d) Nothing in this section allows the issuance of any commercial driver license in violation of federal law. This section applies only where federal law allows the states a field of operation or authorizes a variance from applicable federal standards.
(e) If federal law is amended to permit persons who have not yet reached the age of 21 years to operate a commercial vehicle in interstate commerce with a Class A commercial driver license, this state shall adopt rules, restrictions, and eligibility requirements as are necessary to permit interstate travel.
(Act 2019-249, §§1-5.)
This division shall be known and may be cited as the Highway Safety and Fairness Act.
(Act 2026-220, §2.)
For the purposes of this division, the following terms have the following meanings:
(1) COMMERCIAL DRIVER LICENSE (CDL). A license issued to an individual in accordance with the requirements of this article, which authorizes the individual to drive a class of commercial motor vehicles.
(2) COMMERCIAL LEARNER PERMIT (CLP). A permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 C.F.R. Part 383, which, when carried with a valid driver license issued by the same state or jurisdiction, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training.
(3) COMMERCIAL MOTOR VEHICLE. The term as defined under Section 32-6-49.3.
(4) FOREIGN GOVERNMENT. Any jurisdiction other than a state, territory, province, or possession of the United States.
(5) PUBLIC DOCUMENT. a. All official books, papers, exhibits, or records of any type required by law to be created by or received and retained in a governmental office or agency, affording notice or information to the public or constituting a memorial of an act or transaction of a public office or public servant.
b. A license, certificate, permit, seal, title, letter of patent, or similar document issued by a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a foreign government engaged in a reciprocal treaty or memorandum of understanding with the United States.
(Act 2026-220, §2.)
(a) An individual commits the offense of presenting a false foreign commercial driver license if the individual knowingly:
(1) Makes, presents, or uses a public document with knowledge of the falsity of the public document and with the intent that the public document be taken as a genuine public document; and
(2) Represents that a false public document made, presented, or used under subdivision (1) is a valid commercial driver license or commercial learner permit issued by a foreign government.
(b) A violation of this section is a Class D felony.
(Act 2026-220, §2.)
(a) An individual commits the offense of operating a commercial motor vehicle without proper documentation if the individual knowingly:
(1) Holds a valid commercial driver license issued by a foreign government; and
(2) Does not have the additional entry documents required under 8 C.F.R. § 214.2(b)(4) in his or her immediate possession while operating a commercial motor vehicle.
(b)(1) Except as provided in subdivision (2), a violation of this section is a Class D felony and subject to any of the following:
a. The impounding of the commercial motor vehicle.
b. A one thousand dollar ($1,000) fine for the driver.
c. A two thousand dollar ($2,000) fine for the commercial motor carrier.
(2) A violation of this section is a Class A misdemeanor if the individual establishes by a preponderance of the evidence that at the time the offense was committed, the individual had been issued the additional entry documents required under 8 C.F.R. § 214.2(b)(4).
(Act 2026-220, §2.)
(a) An operator of a commercial motor vehicle must be able to read and speak the English language sufficiently to meet the English language proficiency requirements under 49 C.F.R. § 391.11(b)(2).
(b) An individual commits the offense of operating a commercial motor vehicle without sufficient English language proficiency if the individual:
(1) Operates a commercial motor vehicle; and
(2) Fails to demonstrate proficiency in the English language as required under subsection (a).
(c)(1) For a first violation of this section, a person who violates this section is guilty of a traffic violation, which shall be punished by a fine of up to one thousand dollars ($1,000) for the operator, a fine of up to two thousand dollars ($2,000) for the commercial motor carrier, and the impoundment of the commercial motor vehicle if it is determined that the operator or the commercial motor vehicle poses a threat to public safety.
(2) A second or subsequent violation of this section shall be punished by a fine of up to two thousand dollars ($2,000) for the operator, a fine of up to four thousand dollars ($4,000) for the commercial motor carrier, and the impoundment of the commercial motor vehicle.
(d)(1) The law enforcement officer making the impoundment shall direct an approved towing service to tow the commercial motor vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the commercial motor vehicle until the registered owner or authorized agent of the registered owner claims the commercial motor vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The commercial motor vehicle shall then be released to the registered owner or an agent of the owner.
(2) Any towing service or towing company removing the commercial motor vehicle at the direction of the law enforcement officer in accordance with this section shall have a lien on the commercial motor vehicle for all reasonable and customary fees relating to the towing and storage of the commercial motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the commercial motor vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 15 days prior to any sale or other proceedings.
(3) Any person in possession of a commercial motor vehicle impounded pursuant to this section shall be subject to the provisions of Chapter 13 of Title 32, relating to the impoundment and sale of abandoned vehicles; Section 32-8-84, relating to the procedures for unclaimed vehicles; and Section 41-27-61, relating to the procedures for freight retrieval of impounded commercial vehicles.
(Act 2026-220, §2.)
Every motor vehicle operator who operates a motor vehicle upon any city street or other public highway of or in this state shall at all times keep attached and plainly visible on the rear end of such motor vehicle a license tag or license plate as prescribed and furnished by the Department of Revenue at the time the owner or operator purchases his license.
Anyone violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be punished by fine not exceeding $500.00 and, in addition thereto, shall be prohibited from driving a motor vehicle in Alabama for a period of not less than 60 days nor more than six months.
(Acts 1935, No. 512, p. 1100; Acts 1936-37, Ex. Sess., No. 31, p. 28; Code 1940, T. 36, §75; Acts 1961, Ex. Sess., No. 143, p. 2085, §§1, 3.)
It shall be unlawful for any person to drive or operate any motor vehicle upon the streets or highways of this state, unless the license tag attached to the vehicle is of the proper classification as required by the revenue laws of this state. Any person violating this provision, upon conviction, shall be punished as provided in Section 32-5-311.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §78; Acts 1949, No. 518, p. 773, §1.)
The Commissioner of Revenue, or his successor in office, by whatsoever name called, shall have full and continuing power to promulgate, from time to time with the approval of the Governor, reasonable rules and regulations governing the number, type or kind, size and method of placement and attachment of license tags, stamps, discs, plates or other devices to be attached to motor vehicles as evidence of the licensing and registration thereof; provided, that such power or authority on the part of the Commissioner of Revenue, or his successor in office, to issue such rules and regulations shall be dependent upon a proclamation by the Governor, from time to time as the occasion may require, of an emergency making reasonably necessary the use of such substitutes for the usual tags attached to or placed upon motor vehicles; and provided further, that the power to make such rules and regulations by the commissioner shall continue until the Governor has by proclamation ended that particular emergency; it being the intent of the Legislature by this section to confer upon the Governor the authority to determine when an emergency exists and to determine by proclamation the end thereof; and, provided further, that the effective date of such emergency shall not begin until the Governor’s proclamation shall have been published for five days in five daily papers in the State of Alabama, and that such emergency shall not terminate until the Governor’s proclamation ending the same shall likewise have been published for five days in five daily newspapers of the state.
Any person who violates any rule or regulation issued or promulgated by the commissioner or his successor in office, under the authority of this section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as now provided by law.
(Acts 1951, No. 535, p. 947.)
Every license tag or license plate issued by the State of Alabama for use on motor vehicles, in addition to any letters and figures prescribed by the Commissioner of Revenue, shall also have imprinted thereon a conventionalized representation of a heart and the words “Heart of Dixie.” The design of license tags or license plates shall be approved by the Commissioner of Revenue.
(Acts 1951, No. 675, p. 1168, §1.)
Notwithstanding the provision of Section 32-6-54, any organization that purchases a personalized, distinctive, or vanity license plate may request the Department of Revenue to not place the language “Heart of Dixie” on his or her license plate.
(Acts 1997, No. 97-633, p. 1148, §3.)
(a) Each former and current chair of the USS Alabama Battleship Commission shall be entitled to use on both his or her official and private automobiles the USS Alabama Battleship Commission distinctive license tag bearing the insignia “BB-60” which were the call letters of battleship USS Alabama during its proud service throughout World War II. Upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for tags, as provided by law, the former or current chair shall be issued receipts which shall entitle him or her to request a special tag to be made bearing the battleship call letters along with a unique individual identifier to be used by him or her in lieu of any other license number.
(b) The USS Alabama Battleship Commission shall annually certify to the Department of Revenue, on a form prescribed by the department, a numerical list of each former and current chair eligible for the distinctive license tag under this section. The certification shall be submitted not less than 30 days prior to the start of each registration year.
(Acts 1965, 2nd Ex. Sess., No. 98, p. 131; Act 2023-405, §1.)
Notwithstanding any other provisions of this Code, the Commissioner of the Department of Revenue is hereby authorized and empowered to enter into reciprocal agreements on behalf of this state with the duly authorized representatives of any of the states of the United States, the District of Columbia, or a state or province of a foreign country or a territory or possession of either the United States or of a foreign country providing for the registration of vehicles on an apportionment or allocation basis.
In exercising the authority granted to him or her by this section, the commissioner is expressly authorized and empowered to enter into and to become a member of the International Registration Plan or such other designation that may, from time to time, be given to such plan, developed by the American Association of Motor Vehicle Administrators.
The commissioner is further authorized and empowered to promulgate and to enforce such rules and regulations as may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under the authority of this section.
If the commissioner enters into the International Registration Plan or into any other agreement under the authority of this section, and if the provisions set forth in the International Registration Plan or other agreements are different from the provisions prescribed by this Code or any rules or regulations promulgated by the commissioner pursuant to the authority granted hereunder to the commissioner, then the agreement provisions shall prevail.
The provisions of this section shall constitute complete authority for the registration of vehicles, including the registration of fleet vehicles, upon an apportionment or allocation basis under the International Registration Plan.
(Acts 1978, No. 848, p. 1267.)
(a) Effective January 1, 1987, every license tag or plate issued under the provisions of this section and Sections 40-12-273, 40-12-274 shall be manufactured in such a manner as to meet the minimum federal performance standards as set out in Table I of the Society of Automotive Engineers Standard J594e, “Reflex Reflectors,” of Federal Standard 108.
(b) The State Revenue Department shall implement the provisions of this section and Sections 40-12-273, 40-12-274 and, for such purpose, is authorized to promulgate rules and regulations and to adopt plans for such tags or plates, and all decals, slogans, stickers, symbols, characters, and other attachments, all of which shall be supplied by the Department of Corrections.
(Acts 1984, No. 84-240, p. 363, §1.)
(a) All judges of probate, license commissioners, and other officials authorized by law to register motor vehicles and issue motor vehicle license plates and to perform other duties in connection with the issuance of motor vehicle license plates shall refuse to issue motor vehicle registrations and license plates and shall refuse to transfer or renew motor vehicle registrations and license plates unless the applicant furnishes proof of payment, in the form prescribed by the Secretary of the United States Treasury, that any federal heavy vehicle excise tax imposed by Title 26, United States Code §4481, has been paid.
(b) The Department of Revenue may adopt rules and regulations necessary for the proper administration of this section.
(Acts 1984, 1st Ex. Sess., No. 84-794, p. 203; Act 2013-398, p. 1516, §3.)
(a) The annual license tax and registration fee for a mini-truck, as defined in Section 40-12-240, shall be the same as a private passenger automobile, and the fees shall be distributed in the same manner as for a private passenger automobile.
(b) Mini-trucks may be operated subject to the following restrictions:
(1) Mini-trucks may not be operated on interstate highways.
(2) Mini-trucks shall be prohibited from operating on any public highway, road, or street in the state unless the proper license tag therefor has been procured and is securely attached in the same manner as a private passenger automobile. The license tag shall indicate that the mini-truck is for restricted low speed use.
(Act 2011-205, p. 384, §1.)
(a) Residents of Alabama who qualify to obtain a distinctive license plate pursuant to this chapter 6 may be issued a distinctive motorcycle license plate in the license plate category for which they qualify. The standard motorcycle registration fee shall apply to all motorcycle license plates, provided where a registration fee or ad valorem tax exemption or reduction is available for private passenger automobile, pickup truck, and pleasure motor vehicle license plates in a distinctive license plate category, the same exemption or reduction will apply to motorcycle license plates in the same distinctive license plate category. Any annual additional fee that applies to the license plate category for which a resident qualifies shall also apply to the same category of motorcycle license plate.
(b) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) The design for the distinctive motorcycle plates shall be the same design as plates for private passenger automobiles, pickup trucks, and pleasure motor vehicles in each distinctive license plate category.
(d) This section shall not apply to Amateur Radio Operator plates provided for in Sections 32-6-70 and 32-6-90.
(e) The Department of Revenue may promulgate rules necessary to administer this section.
(Act 2015-362, §5.)
Effective from and after October 1, 1980, the licensing, registration, and ad valorem taxation of motor vehicles in compliance with the laws of the State of Alabama shall be on a staggered basis. Provided, however, the actual distribution of the license plates described in Sections 32-6-63 and 32-6-64 shall begin from and after January 1, 1982. For the fiscal year 1981 the license plates used for the previous five years as set out in Section 32-6-50, shall continue to be used in the same manner as used in the past five years. An appropriate 1981 tab, disc, or other device suitable for attaching to the motor vehicle tag or plate shall be issued upon the payment of the annual license tax prescribed by law for the 1981 fiscal year. While the actual issuance of license plates described in Sections 32-6-63 and 32-6-64, on a staggered basis shall not begin until January 1, 1982, the licensing, registration, and ad valorem taxation of motor vehicles shall be on a staggered basis effective from and after October 1, 1980.
To implement this subdivision, the licensing, registration, and taxation may be for periods less than or greater than 12 months during the conversion year only. However, such proration of fees during the implementation of a staggered registration system shall result in the collection of a total amount of moneys for the taxable year no more nor less than the current annual amounts received.
During the implementation period and thereafter the licensing, registration, and taxation for vehicles weighing 12,001 pounds and over shall be prorated on a monthly basis.
(Acts 1979, No. 79-797, p. 1455, §1; Acts 1980, No. 80-631, p. 1091.)
The staggered system for the licensing, registration, and taxation of motor vehicles shall be implemented thusly: The first letter of an individual’s last name shall determine the month in which a vehicle owner shall register his or her vehicle(s), as indicated below:
January ....A, DFebruary ....BMarch ....C, EApril ....F, G, NMay ....H, OJune ....M, IJuly ....P, LAugust ....J, K, RSeptember ....Q, S, TOctober ....U, V, W, X, Y, Z, trucks, commercial and fleet vehiclesNovember ....Trucks, commercial and fleet vehicles
After the conversion period all owners of private passenger vehicles and pickup trucks of 12,000 pounds and under shall continue to register their vehicles during the month assigned to the first initial of their last name. All license plates issued on a staggered registration basis shall expire on the last day of the month assigned for the purchase or renewal of license registration.
All license plates issued to commercial and fleet vehicles for which licensing, registration, and taxation are due in October and November shall expire on November 30.
During the implementation period and thereafter all licensing, registration, and ad valorem taxation of motor vehicles shall be prorated on a monthly basis, except that the special or additional license plate fees provided in Division 6, commencing with Section 32-6-150, of this chapter shall not be prorated.
In implementing this change of expiration dates, registration fees and ad valorem taxes shall be collected for periods not exceeding 12 months. Anyone acquiring a motor vehicle during his or her designated renewal month shall be subject to the payment of registration fees and ad valorem taxes for the current renewal period, and the renewal period beginning on the first day of the succeeding month.
All persons who acquire a motor vehicle which is located in this state and required to be registered in this state, within 20 calendar days from date of purchase, shall reregister the vehicle with the judge of probate or other county official authorized and required by law to issue license plates, of the county in which the owner resides, if the owner is an individual, or of the county in which the motor vehicle is used or operated if the owner is a firm, corporation, or association. The owner shall be issued a new registration receipt and purchase a license plate or validation decal(s) to the appropriate month assigned for renewal.
(Acts 1979, No. 79-797, p. 1455, §2; Acts 1980, No. 80-631, p. 1091; Acts 1988, 1st Sp. Sess., No. 88-808, p. 248, §1; Act 2004-529, p. 1106, §1; Act 2004-554, p. 1192, §1.)
(a) Subject to subsection (b), all motor vehicle license plate designs shall be valid for not less than five years. The Commissioner of Revenue, with the approval of the License Plates Legislative Oversight Committee established by Section 32-6-67, may authorize a license plate design to be valid for more than five years.
(b) Subsection (a) shall not affect any law which designates a license plate design to be permanent.
(Acts 1979, No. 79-797, p. 1455, §3; Act 2006-276, p. 482, §1; Act 2012-416, p. 1128, §1.)
(a) Any person who takes delivery within this state of a new passenger vehicle or new truck manufactured within this state of a gross weight not exceeding 8,000 pounds, from the manufacturer or an affiliated corporation, and if the vehicle is to be permanently licensed in another jurisdiction, upon application to the judge of probate or license commissioner of the county in which the manufacturer is located, upon providing proof of ownership of the vehicle, and upon payment of a fee of twenty-five dollars ($25), shall be issued a temporary metal license plate to be affixed to the vehicle and a temporary registration certificate. This temporary license plate may not be transferred to another owner or vehicle.
(b) The license plate shall be valid for a period not exceeding 90 days from the date of issuance upon payment of a twenty-five dollar ($25) fee for each 30-day period, or partial period, of validation. Once this temporary license plate is issued, the validation period for the license plate may not be extended. In no case may this temporary license plate be issued for a period exceeding 90 days.
(c) Upon expiration of the validation period, or when the vehicle is permanently licensed in another jurisdiction, whichever occurs first, this temporary license plate shall become invalid but may be retained by the owner of the vehicle as a memento or souvenir.
(d) The temporary license plates herein authorized shall be designed by the manufacturer of the motor vehicle subject to the advice and review of the Department of Revenue.
(e) The provisions of Chapter 12 of Title 40, and this chapter, relating to the display of license plates, validation decals, enforcement, including presentation of the temporary registration certificate upon request, shall be applicable to the license plates issued under this section.
(f) The judge of probate or license commissioner of the county issuing the temporary metal license plates herein authorized shall remit manufacturing costs of one dollar and fifty cents ($1.50) to the state Comptroller for each temporary license plate issued. The balance of the funds shall be deposited in the county public road and bridge fund.
(g) This section shall be read in pari materia with all other vehicle registration laws, specifically, Section 32–6–210.
(Acts 1997, No. 97–919, §§1, 2, 4; Acts 1997, No. 97–936, §§1, 2, 4.)
(a) Notwithstanding any other law, the county commission, in consultation with the local judge of probate or other county license plate issuing official authorized to issue motor vehicle registrations may authorize an optional two-year registration renewal for motor vehicles operated on the public highways of this state.
(b) If a registrant elects to renew his or her motor registration for a two-year period, he or she shall do all of the following:
(1) Pay the local issuance fee. The registrant shall not be required to pay an additional local issuance fee for the second year of registration.
(2) Pay the license taxes, ad valorem tax, and registration fees for each year at the time of the election to renew the registration for two years.
(Act 2014-301, p. 1094, §1.)
For the years during which the metal license plates are not issued, in lieu thereof, validation decals or other devices suitable for attaching to a motor vehicle license plate shall be issued. The validation decal or device shall indicate the period for which it was issued and shall, when properly affixed to the license plate, evidence payment for the motor vehicle license fees and taxes for the period indicated thereon. Such validation decal or device shall be such size as the legislative oversight committee, as provided for in this section, deems appropriate and shall bear a bright reflective background contrasting with the digits or letters printed thereon. The month and year of expiration shall be printed on the validation decal.
A person changing his or her county of residence shall be required to purchase a license plate indicating his or her new county of residence upon expiration of the license period covered by his or her present license plate or validation device and shall turn in his or her old license plate.
(Acts 1979, No. 79-797, p. 1455, §4; Act 2017-242, §1.)
(a)(1) The design of license plates, including all emblems, slogans, symbols, or characters appearing on the plates, shall be by rule as adopted by the Commissioner of Revenue, and as otherwise specified by law. The face of the license plate to be displayed shall be fully treated with a reflective material which will increase the nighttime visibility and legibility of the plate.
(2) Characters on the license plate which designate the county of issuance shall be numeric, and all numerals on the license plates shall be no smaller than two and three-fourths inches in height. The following numbering scheme shall be used:
a. Jefferson County, 1; Mobile County, 2; Montgomery County, 3.
b. All other counties shall be ranked alphabetically and assigned consecutive numbers beginning with 4 and concluding with 67.
c. The Department of Revenue shall be responsible for the numbering of distinctive license plates and shall establish a system to minimize duplication of license plate numbers. License plates that shall be approved for manufacture under subsection (b) shall be numbered or personalized.
(b) The sponsoring organization of any new or reissued distinctive license plate that is not of an in-state college or in-state university as provided in subsection (b) of Section 32-6-150, or the Alabama Gold Star Family license plate as provided in Section 32-6-630 or a military or veteran related category shall assure a minimum quantity of 250 registrations in order for the proposed plate to qualify for production consideration by the legislative oversight committee under the provisions of Section 32-6-67.
(1) The procedure to assure the quantity minimum for a distinctive license plate shall be as follows:
a. The sponsoring organization shall apply to the Department of Revenue for approval for the proposed distinctive license plate from the legislative oversight committee. A sponsoring organization shall be limited to one distinctive license plate design per application. At the time of application, and upon payment of the application fee required in paragraph b., if applicable, the sponsoring organization shall submit a design for the plate or logo for the quantity class being applied for as described below:
Quantity Class 1 (250 to 999 registrations). A new distinctive license plate category, or an existing distinctive license plate to be reissued, in which registrations are estimated to be at least 250, but less than 1,000, shall be in conformity with the design approved by the legislative oversight committee for license plates in this quantity class. This plate shall include a space designated on the left side of the license plate, not exceeding two and one-half inches in width and height, in which an appropriate emblem, slogan, or logo design may be applied to represent the organization for whom the distinctive license plate is issued. Each proposed emblem, slogan, symbol, or logo shall be subject to the approval of the legislative oversight committee.
Quantity Class 2 (1,000 or greater registrations). This quantity class may use the logo system described for Quantity Class 1, or may use a unique design for the entire plate which is approved by the legislative oversight committee and meets all other design and manufacture requirements of Alabama law.
b. Effective January 1, 2022, each sponsoring organization shall submit an application fee equal to the cost of producing the distinctive license plate template not to exceed one hundred dollars ($100) at the time the initial application is made, the funds of which shall be distributed by the Comptroller to the Department of Corrections to cover the costs of producing the template of the distinctive license plate for the sponsoring organization. On or before October 1, 2021, and by each October 1 thereafter, the Department of Corrections shall certify the cost of production to the legislative oversight committee for the subsequent calendar year.
c. After the legislative oversight committee approval and notification to the Department of Revenue, the department shall also coordinate with the Comptroller to establish funding procedures for depositing and maintaining monies held pending issuance of the new category of license plates.
d. Each person desiring to register a vehicle in the new category shall make application and shall remit, as a commitment to purchase, the additional fee associated with the license plate category in a manner as prescribed by rule of the Commissioner of Revenue. Any credit card processing fee associated with the transaction shall be paid by the person making the commitment to purchase the distinctive license plate and shall be nonrefundable.
e. The Department of Revenue shall deduct from the additional fee and retain a two and one-half percent commission. The balance shall be forwarded to the Comptroller to be retained in escrow, until such time as the revenue received is equal to or greater than the minimum amount required to issue license plates in that category. If, after one year from the date of notification of approval by the legislative oversight committee, the number of subscribers for a category fails to reach 250 for Quantity Class 1, or fails to reach 1,000 for Quantity Class 2, the Comptroller shall pay the money in escrow to the sponsoring organization and no further consideration for production of this proposed distinctive plate shall be made under this application. In addition, the sponsoring organization may not submit another application for a distinctive license plate for a period of one year from the date the commitment to purchase period ended.
f. Upon determination by the Department of Revenue that a sufficient number of applications for a plate category has been received, the department shall initiate the ordering processes for design and manufacture of the approved license plate. At that time, the Comptroller shall pay out of the escrow account the amounts referred to in Section 32-6-68.
(2) Notwithstanding any other provisions to the contrary, except where specifically provided by this subsection, no distinctive license plates shall be reissued unless the following requirements are met:
a. For Quantity Class 1 distinctive license plates, there shall have been issued in the prior license year a minimum of 250 license plates.
b. For Quantity Class 2 distinctive license plates, there shall have been issued in the prior license year a minimum of 1,000 license plates.
(3) The use of distinctive license plate categories shall be limited to use on passenger cars, pick-up trucks, and self-propelled campers or house cars.
(c)(1) The Department of Corrections is directed to supply all license plates and revalidation devices required under this subdivision. The amounts charged by the Department of Corrections for the manufacture of revalidation devices shall not be less than that charged for the manufacture of license plates on a per item basis.
(2) The Department of Corrections shall maintain an accurate system of recordkeeping which shall trace and account for the handling and distribution of each plate and revalidation device throughout the manufacturing process until the items are distributed to each county.
(d) After the five-year license plate has been in use for a period of three years, the Department of Corrections may manufacture all subsequent license plates for the remaining two years of the period from a metal of less durability and quality than the metal used in manufacturing the five-year license plates.
(e)(1) The department shall provide the owner or owners of a motor vehicle who register a license plate provided in this subsection the ability to opt-in to authorize the release of certain personal information or to opt-out to restrict the release of certain personal information by the department to the sponsoring organization, college, or university. The license plates that shall be subject to the opt-in and opt-out provisions are as follows:
a. A distinctive license plate issued pursuant to this section.
b. A collegiate or university distinctive license plate issued pursuant to Section 32-6-150.
c. Other distinctive license plates as authorized by the legislative oversight committee.
(2) Each owner of the motor vehicle may designate his or her consent through the opt-in authorization to release certain personal information included within a motor vehicle registration record to the sponsoring organization, college, or university. The opt-in authorization shall be made at the time of initial registration through the licensing official for a license plate as specified in subdivision (1). Subsequent opt-in authorizations shall be made directly to the department. As used in this subsection, the term personal information includes only the following information:
a. Owner name.
b. Owner address.
c. Owner email address, if applicable.
(3) Each owner of the motor vehicle may restrict the release of personal information included within a motor vehicle registration record for a license plate as specified in subdivision (1) to the sponsoring organization, college, or university by selecting to opt-out. The opt-out selection shall be made directly to the department.
(4) The subsequent opt-in authorization provided in subdivision (2) and opt-out selection provided in subdivision (3) shall be made in a manner as prescribed by the department.
(5) The sponsoring organization of the distinctive license plate or each college or university for which a distinctive license plate has been issued may make an annual request to the department for the listing of the owner authorized opt-in disclosures. The sponsoring organization in receipt of the listing shall be prohibited from the resale or disclosure of the information to third parties without written consent from the owner to whom the information pertains.
(f) All proposed distinctive license plates and the continued issuance of all existing distinctive license plates shall be subject to the approval and oversight of the legislative oversight committee under Section 32-6-67 and this section, except for the following:
(1) In-state collegiate or in-state university category license plates.
(2) Military or veteran related category license plates.
(3) Alabama Gold Star Family license plates as provided in Section 32-6-630.
(g) Except as otherwise provided in this subsection, no distinctive license plate shall be issued after five consecutive years in which the plate has not met the requirements for reissuance provided in this section. This subsection does not apply to military or veteran related categories or Alabama Gold Star Family distinctive license plates. The Commissioner of Revenue may require persons who qualify for military and veteran related categories or Alabama Gold Star Family distinctive license plates to be recertified not more than every five years by providing the licensing official with Form DD214 or any other documentation prescribed by law or rule as evidence of qualification for the license plate. In the event that Form DD214 or other qualifying documentation prescribed by law or rule is unavailable, the applicant shall provide the licensing official with a certification of eligibility from the Department of Veterans Affairs after the applicant provides that office with other authoritative documentation evidencing eligibility for the license plate.
(h) Any distinctive license plate not created pursuant to this section shall be subject to the reissuance provisions of this section and Section 32-6-62 unless specifically exempted by law, provided the Alabama Gold Star Family distinctive license plate design in effect on January 1, 2021, shall not be subject to the redesign provisions of Section 32-6-62.
(i) The provisions in Act 2021-407 amending this section shall not amend the distribution of the additional fee associated with a distinctive license plate as provided in Section 32-6-68 or as otherwise provided under Article 2 of this chapter.
(Acts 1979, No. 79-797, p. 1455, §5; Acts 1997, No. 97-633, p. 1148, §1; Act 2013-398, p. 1516, §1; Act 2015-362, p. 1109, §1; Act 2018-190, §1; Act 2021-407, §1.)
(a) Notwithstanding any other provision of this title, the Department of Revenue may contract with a third party to manufacture and distribute license plates and validation decals.
(b) The amount distributed prior to April 8, 2014, to the Department of Corrections relating to license plates and decals for each fiscal year shall not be reduced except by the amount of the cost of material, production, and distribution of license plates which would have been incurred if the plates were produced by the Department of Corrections. Any amounts distributed to the Department of Corrections pursuant to this subsection are continuously appropriated to the Department of Corrections for the operation of the Department of Corrections.
(c) The distribution of a license plate or validation decal pursuant to this section shall not affect the issuance fee of the judge of probate or other license plate issuance official.
(d) In addition to any other fees provided for by law, an additional fee of five dollars ($5) is added to the cost of any distinctive license plate, whether prenumbered or personalized, in the year the license plate is issued, except the fee shall not apply to any veteran or military license plate, and Alabama Gold Star Family license plate issued pursuant to Section 32-6-630, or any replacement license plate issued pursuant to Section 40-12-265. The net proceeds of the additional revenues derived from the fee authorized by this section are appropriated and shall be distributed to the Department of Revenue to offset the cost of manufacturing and administering motor vehicle registration credentials as required under this chapter and Chapter 12 of Title 40. The appropriation as provided in this section shall be in addition to any other appropriation made by the Legislature.
(e) The Department of Revenue may promulgate rules necessary to administer this section.
(Act 2014-287, p. 1034, §1; Act 2015-362, §1; Act 2016-408, §2.)
(a) In lieu of being supplied validation decals, emblems, and registration receipt forms directly from the Department of Corrections or the Department of Revenue, county licensing officials may contract with a third party, upon approval by the county commission, to provide materials for print-on-demand validation decals, emblems, and registration receipt forms. The validation decals, emblems, and registration receipt forms shall be subject to review and approval by the Department of Revenue to ensure statewide uniformity.
(b) The amount distributed to the Department of Corrections pursuant to this chapter, including Section 32-6-64.1, or any other provision of law, shall not be reduced by any contract entered into by a county licensing official pursuant to this section, nor shall any contract entered into pursuant to this section be interpreted to apply to or extend to registrations issued under Chapter 5 of Title 33.
(c) Contracts entered into pursuant to this section shall be subject to the procurement requirements of the licensing official’s county.
(d) The Department of Revenue may adopt rules for the implementation and administration of this section.
(Act 2022-342, §1; Act 2022-356, §1.)
(a) There shall be one uniform registration renewal form to be used statewide. The form shall be designed to provide for both the transfer of ownership and the registration of the vehicle. All receipts shall be sent to the county agencies charged with handling vehicle registration. Receipts may be provided to the registrant in a tangible format or in an electronic format, as prescribed by the department. The state and the county shall capture the color of the motor vehicle in their permanent records. This subsection shall not give the Department of Revenue authority to centralize vehicle registration. Centralized registration is specifically prohibited and it is the legislative intent that automotive vehicle registration shall remain at the county level.
(b)(1) A penalty of fifteen dollars ($15) shall be assessed by the official charged with issuing motor vehicle licenses for the late registration of a motor vehicle. “Late registration of a motor vehicle” shall include: (i) the failure to register the vehicle within 20 calendar days of the date of purchase or acquisition; (ii) the failure to renew the registration in the designated renewal month; and (iii) the failure to register the vehicle in accordance with Section 40-12-262(a).
(2) It shall be the duty of all sheriffs, police officers, state troopers, license inspectors, deputy license inspectors, field agents of the Department of Revenue, and other law enforcement officers to arrest any person operating a motor vehicle without the current license plate displaying the proper validation decal. Persons apprehended for operating a motor vehicle without the current license plate, upon conviction by a court of competent jurisdiction, shall be fined not less than twenty-five dollars ($25).
(3) Notwithstanding subdivisions (1) or (2), any person on military deployment during any part of his or her designated registration renewal month, except a person with a discharge characterization of dishonorable or other than honorable, who renews his or her motor vehicle registration within 30 calendar days from the date the deployment ends shall not be assessed a late registration penalty or associated interest charges. Evidence of military deployment shall be documented using military deployment orders, a government issued Statement of Service letter, Form DD214 Certificate of Release or Discharge from Active Duty, or a letter from the registrant’s unit commander certifying the date that his or her deployment ended.
(c)(1) All penalties assessed pursuant to subdivision (b)(1) and one-half of all penalties assessed pursuant to subdivision (b)(2) shall be distributed in the same manner as motor vehicle licenses and registration fees are distributed as provided in Sections 40-12-269 and 40-12-270.
(2) One-half of all penalties assessed pursuant to subdivision (b)(2) shall be distributed to the entity employing the arresting officer.
(3) Portions of Section 40-12-10 as they may conflict with this section, are hereby repealed and superseded.
(Acts 1979, No. 79-797, p. 1455, §6; Acts 1980, No. 80-631, p. 1091; Acts 1996, No. 96-746, p. 1307, §2; Act 2004-529, p. 1106, §1; Act 2014-295, p. 1070, §1; Act 2017-242, p. 357, §1; Act 2025-399, §1.)
It is hereby specifically provided that this subdivision shall be construed in pari materia with Sections 32-8-32 and 32-8-33.
(Acts 1979, No. 79-797, p. 1455, §10.)
AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is created a legislative committee to oversee the implementation and administration of this Article 2, except Subdivision 1 of Division 1. The committee shall be composed of three members of the House of Representatives and a county license plate issuing official, who shall be appointed by and serve at the pleasure of the Speaker of the House, and three members of the Senate and a county license plate issuing official, who shall be appointed by and serve at the pleasure of the Presiding Officer of the Senate. The committee shall also be composed of the Secretary of the Alabama State Law Enforcement Agency or his or her designee, a judge of probate who is a licensing plate official appointed by the President of the Probate Judges Association, and a county licensing plate official who shall be appointed by the Alabama Association of Tax Administrators. The Department of Revenue shall designate a representative, the Department of Transportation shall designate a representative, and the Department of Corrections shall designate a representative of Alabama Correctional Industries as nonvoting and advisory members to the committee. The chair, who shall be selected by the members of the committee from the legislative members on the committee, shall have the authority to call meetings of the committee when he or she deems it necessary or as otherwise provided in this section.
(b) The committee shall:
(1) Meet not less than once every six months.
(2) Require that a simple majority of committee voting members be in attendance for conducting whatever business requires committee action.
(3) Establish guidelines for the qualification of organizations which may sponsor a new or continued issuance of a license plate category, or may benefit from that issuance.
(4) Approve, disapprove, or indefinitely postpone, by a vote of two-thirds of the members present at a committee meeting, a request for a new license plate category.
(c) Decisions of the committee concerning approval, disapproval, or indefinite postponement of further action on a proposed distinctive license plate shall be interpreted to be the intent of the entire body of the Legislature, and separate, specific action by the Legislature concerning a distinctive license plate proposal shall not be considered.
(d) The committee shall not consider for approval applications from the following types of organizations:
(1) Out-of-state colleges and universities except as provided in subsection (e).
(2) Private businesses, business organizations, or commercial entities of any type.
(3) Public K-12 schools, private or proprietary two-year colleges, and private or proprietary technical schools, exclusive of the Helping Schools Tag as established in Sections 32-6-300 and 32-6-301.
(4) Groups within high schools, junior colleges, universities, and technical schools, such as band boosters, athletic boosters, and the like, without the express written permission of the high school, junior college, university, or technical school.
(5) Unions.
(6) Political organizations.
(7) Religious organizations.
(8) Groups that promote racial or social disharmony.
(9) Public officials.
(e) The committee may consider and approve an application for a distinctive license plate for an out-of-state college or university, upon submission of an application pursuant to Section 32-6-64.
(f) Upon the request of the chair, the Secretary of the Senate, and the Clerk of the House shall provide clerical assistance necessary for the work of the committee.
(g) The committee members who are members of the Legislature shall be entitled to, and shall receive, the same daily legislative compensation, expense allowances, per diem, and other compensation which they receive while in legislative session for each weekday, Monday through Friday, during any week in which the committee actually meets. The non-legislative members of the committee shall be entitled to, and shall receive, the same per diem and expenses that are paid to state employees.
(Acts 1979, No. 79-797, p. 1455, §11; Acts 1997, No. 97-633, p. 1148, §1; Act 2000-484, p. 918, §1; Act 2005-308, 1st Sp. Sess., p. 622, §1; Act 2013-398, p. 1516, §1; Act 2018-190, §2; Act 2019-305, §1; Act 2021-407, §1.)
(a) Each distinctive license plate issued shall require, in addition to the standard registration fee, an additional annual fee of fifty dollars ($50).
(b) The additional license plate fee as provided for in subsection (a) shall be distributed in the following manner:
(1) Two and one-half percent commission, provided by Section 40-12-269(a)(1).
(2) Manufacturing costs of one dollar and fifty cents ($1.50) to the Department of Corrections.
(3) Administrative costs of one dollar ($1) to the Department of Revenue.
(4) A state share of five dollars ($5) shall be transmitted to the state Comptroller for deposit in an account maintained by the Department of Senior Services to be used by the department to provide meals to senior citizens under a program to be known as the “John L. Buskey Senior Meals Program.” Funds deposited in the account are continuously appropriated to the department for the purpose of this subdivision.
This subdivision shall not apply to license plates issued pursuant to Sections 32-6-450, 32-6-460, 32-6-470, 32-6-500, 32-6-520, 32-6-560, 32-6-611, and 32-6-680.
(5) The remainder of the additional fee shall be distributed to the sponsoring organization or as otherwise provided under the terms of the application approved by the legislative oversight committee; except that the remainder of the additional fee after the distributions provided in subdivisions (1) through (3) shall be distributed to the State General Fund when a distinctive license plate is for an out-of-state college or university as provided in subsection (e) of Section 32-6-67, or when there is no specified distribution for the additional fee.
Nothing in this section shall apply to standard personalized license plates established pursuant to Section 32-6-150.
(Acts 1997, No. 97-633, p. 1148, §2; Act 2013-251, p. 625, §1; Act 2013-398, p. 1516, §1; Act 2016-408, §2.)
(a) Any distinctive license plate issued under this chapter may be personalized with the exception of the following:
(1) Firefighter, professional firefighter, or retired professional firefighter plates.
(2) Rescue squad plates.
(3) Veterans plates, unless otherwise authorized by law.
(4) Military plates, unless otherwise authorized by law.
(5) Special access or disability access plates.
(6) Twenty day temporary tags.
(7) Alabama State Defense Force plates.
(8) Amateur Radio Operator plates issued pursuant to Sections 32-6-70 and 32-6-90.
(9) Alabama apportioned plates.
(b)(1) In addition to the standard registration fee, the additional fee for each distinctive license plate category shall be assessed, collected, and distributed pursuant to Section 32-6-68, except for distinctive tags for public two-year and four-year colleges and universities and private four-year colleges or universities and Athens State University participating in the distinctive tag program and the environmental distinctive tag program issued pursuant to Section 32-6-150 and except as otherwise provided in this subsection.
(2) The additional fee for a distinctive license plate category shall not apply to the following license plates:
a. The Helping Schools plate, which shall be subject to the fee required pursuant to Section 32-6-300.
b. The Educator and Retired Educator plate, which shall be subject to the fee required pursuant to Section 32-6-302.
(3) The additional fee for a distinctive license plate category shall not apply to the following license plates unless personalized:
a. The Alabama Bicentennial plate issued pursuant to Section 32-6-155.3.
b. The God Bless America plate issued pursuant to Section 32-6-610.
c. The Alabama Gold Star Family plate issued pursuant to Section 32-6-630.
d. Any plate or tag category listed in subsection (a).
(c) The Department of Revenue may promulgate rules necessary to administer this section.
(d) This section shall not affect the fee provided in Section 32-6-64.1.
(Act 2015-362, §6; §32-6-150.1; amended and renumbered by Act 2016-408, §3.)
Owners of motor vehicles who are residents of the State of Alabama and who hold valid amateur radio station or citizen’s band radio licenses issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such amateur radio station or citizen’s band radio license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for tags, as provided by law, and the payment of an additional fee of $3.00, shall be issued license plates, as provided by law, for private or pleasure motor vehicles, upon which, in lieu of the numbers as prescribed by law, shall be inscribed the official amateur radio station or citizen’s band radio call letters of such applicant as assigned by the Federal Communications Commission.
(Acts 1951, No. 359, p. 646, §1; Acts 1975, No. 787, p. 1574, §1.)
The State Department of Revenue shall make such rules and regulations as necessary to insure compliance with all state license laws relating to use and operation of a private or pleasure motor vehicle before issuing special tags to amateur radio operators in lieu of the regular Alabama license plates, and such rules and regulations as necessary to provide for the application for and issuance of such special tags.
(Acts 1951, No. 359, p. 646, §2.)
The State Department of Revenue shall, on or before the first day of January of each year, furnish to the sheriff of each county of the State of Alabama an alphabetically arranged list of the names, addresses, and license tag letters of each person to whom a license tag is issued under the provisions of this division, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry.
(Acts 1951, No. 359, p. 646, §2.)
The provisions of this division are supplementative to the motor vehicle licensing laws of the State of Alabama, and nothing herein shall be construed as abridging or repealing such laws.
(Acts 1951, No. 359, p. 646, §4.)
Owners of motor vehicles who are residents of the State of Alabama and who hold a valid amateur radio station license issued by the Civil Air Patrol, upon application, accompanied by proof of ownership of such amateur radio station license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for tags, as provided by law, and the additional payment of a fee of $1.00, shall be issued license plates, as provided by law, for private or pleasure motor vehicles, upon which, in lieu of the numbers as prescribed by law, shall be inscribed the official Civil Air Patrol call letters of such applicant as assigned by the Federal Communications Commission.
(Acts 1953, No. 765, p. 1026, §1.)
The State Department of Revenue shall make such rules and regulations as necessary to insure compliance with all state license laws relating to use and operation of a private or pleasure motor vehicle before issuing special tags to amateur radio operators licensed by the Civil Air Patrol in lieu of the regular Alabama license plates, and such rules and regulations as necessary to provide for the application for and issuance of such special tags.
(Acts 1953, No. 765, p. 1026, §2.)
The State Department of Revenue shall, on or before the first day of January of each year, furnish to the sheriff of each county of the State of Alabama an alphabetically arranged list of the names, addresses and license tag letters of each person to whom a license tag is issued under the provisions of Section 32-6-90, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry.
(Acts 1953, No. 765, p. 1026, §3.)
The provisions of this division are supplementative to the motor vehicle licensing laws of the State of Alabama, and nothing herein shall be construed as abridging or repealing such laws.
(Acts 1953, No. 765, p. 1026, §4.)
In recognition of the many and varied patriotic services rendered the state and the citizens thereof by the National Guard and Air National Guard of Alabama, members thereof, including both enlisted and officer personnel, may, upon application and subject to the provisions of this division, be issued annually distinctive motor vehicle license plates identifying these persons with such organizations. The distinctive plates so issued members of these organizations shall be of such color and design as may be agreed upon by the Adjutant General and the Commissioner of Revenue and shall bear the words “National Guard” and need not bear prefixed numbers identifying the county of issuance. The words “Heart of Dixie” need not be placed on such plates.
(Acts 1955, No. 308, p. 707, §1; Act 2015-506, 1st Sp. Sess., §1.)
The distinctive license plates provided for in this division shall be prepared by the Commissioner of Revenue and shall be issued through the judge of probate or license commissioner of the several counties of the state in like manner as are other motor vehicle license plates or tags, and such officers shall be entitled to their regular fees for such service. Applicants for such distinctive plates shall present to the issuing official proof of their membership in the National Guard or Air National Guard of Alabama by means of certificate signed by the commanding officer of such applicant on forms prescribed by the Adjutant General of Alabama. The distinctive license plates or tags so issued shall be used only upon and for personally-owned, private, passenger vehicles (to include station wagons and pick-up trucks) registered in the name of the member of the national guard and air national guard making application therefor and, when so issued to such applicant, shall be used upon the vehicle for which issued in lieu of the standard license plates or license tags normally issued for such vehicle. In addition to use of such distinctive license plates or tags on such personally-owned vehicles, such distinctive plates or tags may be used on state-owned vehicles operated by the state military department provided the prefix “S” is placed ahead of the number thereon. Motor vehicles for which so issued shall be registered by the proper official as are other motor vehicles.
(Acts 1955, No. 308, p. 707, §2; Acts 1959, No. 253, p. 816, §2; Acts 1975, No. 1237, p. 2603, §1.)
(a) Notwithstanding Sections 32-6-64, 32-6-65, 32-6-67, and 32-6-68, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates, unless exempt under provisions of Alabama law, and payment of an additional annual fee of fifty dollars ($50), which shall not be prorated, members of the Alabama National Guard or the Alabama Air National Guard, including retirees, may be issued personalized distinctive National Guard license plates with an inscription as provided in subsection (a) of Section 32-6-150.
(b) The plates shall expire on September 30, of each year, but shall be subject to a grace period for renewal until November 30, of the year.
(c) The plates shall be designed by the Department of Revenue in accordance with Section 32-6-110.
(d) In consultation with the Adjutant General, a National Guard personalized license plate may designate the military rank, command, or unit of a member, which plates may be reassigned from one member to another.
(Act 2000-578, p. 1066, §1.)
The net proceeds of the additional revenues derived from sales of the tags or plates provided pursuant to Section 32-6-111.1, less administrative costs, including the cost of production of the plates, shall be distributed by the judge of probate or license commissioner to the state Comptroller. The state Comptroller shall distribute the proceeds to the National Guard Foundation. The Foundation shall use these funds in furtherance of its program and purposes.
(Act 2000-578, p. 1066, §1; Act 2013-398, p. 1516, §1.)
The distinctive license plates issued under this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange, or otherwise dispose of same, such plates shall be retained by the owner to whom issued and by him or her returned to the judge of probate or license commissioner of the county who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license year, the judge of probate or license commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to the vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of the vehicle for the remainder of the then current license year. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him or her upon such vehicle and to use same thereon for the remainder of the then current license year. Such notice of transfer of ownership shall be made of record by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license year.
(Acts 1955, No. 308, p. 707, §3.)
Such distinctive plates or tags shall be prepared and furnished for the licensing year commencing October 1 each year. The Adjutant General shall furnish the Commissioner of Revenue annually with an estimate of the number of such distinctive plates or tags required in each of the several counties of the state.
(Acts 1955, No. 308, p. 707, §4.)
The provisions of this division are supplementary to the laws of this state pertaining to the licensing of motor vehicles, and nothing herein shall be construed as abridging or repealing any of such laws.
(Acts 1955, No. 308, p. 707, §5.)
(a) Any veteran, as defined in Section 31-5-1, who is a resident of this state and who is suffering a physical disability which requires that any motor vehicle he or she operates be equipped with special mechanical control devices or whose physical disability exceeds 50 percent, upon application accompanied by proof of eligibility to the judge of probate of the county for the special license plates provided herein, as may be prescribed by the State Department of Revenue, and upon payment of five dollars ($5), unless exempted from the payment of such fee by law, shall be issued license plates, by the judge of probate as provided by law, for private or pleasure motor vehicles, upon which, in lieu of the number now prescribed by law shall be inscribed in legible letters the words, “Disabled Veteran,” and shall designate the branch of service and an identifying number as prescribed by the State Department of Revenue. The plates shall not be transferable. The fee established by this section shall be in lieu of the regular license fee now required for motor vehicles and shall be used to defray the cost of issuing the distinctive license plates.
(b) In lieu of applying the registration fee of five dollars ($5) to the disabled veteran license plate category provided for in subsection (a), the registration fee may be applied to any license plate category in which the disabled veteran qualifies to obtain a license plate. Any additional fee required for a plate from a distinctive or personalized license plate category shall still be required in order to obtain the plate.
(Acts 1963, No. 576, p. 1250, §1; Acts 1975, No. 1237, p. 2603, §1; Acts 1975, 4th Ex. Sess., No. 80, p. 2725, §1; Acts 1978, No. 775, p. 1133; Act 2007-383, p. 765, §1; Act 2016-339, §1.)
The Commissioner of Revenue shall make such reasonable rules and regulations as may be necessary to administer the provisions of this division, including rules and regulations necessary to insure compliance with all state license laws relating to the use and operation of a private or pleasure motor vehicle and to provide for the application for and issuance of such special tags. Whoever wrongfully obtains or secures the issuance of a motor vehicle license tag or plate under this division, or whoever affixes such a tag or plate to a motor vehicle other than the one for which it was issued is guilty of a misdemeanor and shall be punished as prescribed by Section 15-18-3. Whoever willfully uses a motor vehicle equipped with such a tag or plate for any unlawful or deceptive purpose is guilty of a felony and shall be imprisoned for not less than two years.
(Acts 1963, No. 576, p. 1250, §2.)
The provisions of this division are supplementary to the motor vehicle license laws of the State of Alabama, and nothing herein contained shall be construed as abridging or repealing such laws.
(Acts 1963, No. 576, p. 1250, §3.)
The design of motor vehicle tags for disabled veterans shall be as follows:
The Department of Revenue shall design, or have designed, the “Disabled Veteran” license plate in compliance with all laws and regulations. The plate design shall contain the language “Heart of Dixie.”
Any additional regulations or design specifications needed to implement the provisions of this section shall be prescribed by the Commissioner of Revenue.
(Acts 1981, 1st Ex. Sess., No. 81-933, p. 82; Act 2007-383, p. 765, §1.)
(a) Owners of motor vehicles, motorcycles, and motor-driven cycles who are residents of Alabama, upon application to the judge of probate or commissioner of licenses complying with the state motor vehicle laws relating to registration and licensing of motor vehicles and payment of the regular license fee for tags or plates as provided by law for private passenger, pleasure motor vehicles, motorcycles, or motor-driven cycles and the payment of an additional annual fee of fifty dollars ($50), shall be issued personalized license tags or plates upon which, in lieu of the numbers prescribed by law, shall be inscribed special letters, figures, numbers, or other marks, emblems, symbols, or badges of distinction or personal prestige or a combination of these as are approved for and assigned to the application by the Department of Revenue.
(b) Except for license tags or plates for motorcycles or motor-driven cycles, the special marks or badges of distinction shall include distinctive tags, assigned by the Department of Revenue for each of those public two-year and four-year colleges and universities and private four-year colleges or universities and Athens State University participating in the distinctive tag program and the Environmental Distinctive Tag Program. The distinctive tags shall be issued, printed, and processed in the same manner as other personalized tags are in this chapter. The fee for the distinctive tags shall be the amount provided in subsection (a). The distinctive tags shall be valid for five years and shall be replaced at the end of the period with conventional tags or other personalized tags. Payment of the required motor vehicle license fees and taxes for the years during which a new vehicle license plate is not issued shall be evidenced as provided for in Section 32-6-63. The board of trustees of the respective four-year colleges and universities shall design, or have designed, the distinctive tag for a four-year college or university subject to approval by the Commissioner of Revenue and in compliance with all pertinent laws and regulations. The president of each two-year college shall be responsible for having the distinctive tag for his or her two-year college designed subject to approval by the Legislative Oversight Committee created pursuant to Section 32-6-67 and to approval by the Commissioner of Revenue and in compliance with all laws and regulations.
(c) The Troy University distinctive tags issued January 1, 1987, through October 31, 1987, shall continue to be valid without payment of the additional fee provided in this section until the expiration date in the year 1992, or until otherwise becoming invalid or expired provided the regular annual license fees continue to be paid each year.
(d) Each college or university desiring a distinctive tag shall pay to the Department of Revenue the sum as the commissioner may require to cover the cost of production of the tags requested by the college or university before production occurs.
(e) Legacy, Inc. shall pay to the Department of Revenue the sum the commissioner may require to cover the costs of production of the personalized environmental distinctive tags before production occurs.
(Acts 1975, 3rd Ex. Sess., No. 144, p. 387, §1; Acts 1985, No. 85-411, p. 373; Acts 1988, No. 88-127, p. 181, §2; Acts 1991, 1st Ex. Sess., No. 91-794, p. 189, §1; Acts 1992, No. 92-622, p. 1464, §2; Acts 1993, 1st Ex. Sess., No. 93-880, p. 144, §4; Acts 1995, No. 95-529, p. 1073, §1; Act 2006-629, p. 1721, §1; Act 2008-484, p. 1060, §1.)
Transferred to 32-6-69 by Act 2016-408, §3, effective August 1, 2016.
(Act 2015-362, §6.)
The State Department of Revenue shall make such rules and regulations as necessary to insure compliance with all state license laws relating to use and operation of a private passenger or pleasure motor vehicle which must be complied with before these tags or plates in lieu of the regular Alabama license tags or plates may be obtained and such rules and regulations as necessary to provide for the application for and issuance of such special tags or plates.
(Acts 1975, 3rd Ex. Sess., No. 144, p. 387, §2.)
No two owners will be issued identical tags or plates for the same year. An owner who has procured special personalized prestige tags or plates shall be entitled to have a tag or plate issued for succeeding years bearing the same inscription provided he or she applies therefor within the time prescribed by the Commissioner of Revenue and pays the fee prescribed in Section 32-6-150. However, should the holder of a personalized tag or plate fail within the prescribed time to apply for renewal thereof, then a tag or plate of such design may in subsequent years be issued to any other person applying therefor.
(Acts 1975, 3rd Ex. Sess., No. 144, p. 387, §4.)
Any other provision of law to the contrary notwithstanding, when an automobile for which a personalized tag or plate has been issued is sold or otherwise disposed of, the seller must remove the personalized tag or plate from such automobile, and he or she then may transfer the personalized tag or plate to a newly acquired automobile of the same class upon payment of the regular transfer fee and all other regular fees and taxes due upon the newly acquired automobile; provided, that any automobile from which a personalized tag or plate has been transferred or removed by a former owner shall be registered and licensed by its new owner for operation on the public roads in the same manner as any unlicensed vehicle, except that no ad valorem tax shall be due on such automobile if same was paid for the current year by the former owner.
(Acts 1975, 3rd Ex. Sess, No. 144, p. 387, §5.)
It shall be unlawful for any person to operate a motor vehicle bearing a personalized license tag or plate not issued for or duly transferred to such vehicle. Any person violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00 and not more than $200.00 for each offense.
(Acts 1975, 3rd Ex. Sess., No. 144, p. 387, §6.)
(a) It is the intent of the Legislature that an environmental tag be issued by the state to be used as an instrument to promote safe environmental practices, environmental awareness, environmental education enhancement, and for the protection of Alabama’s precious environment through education. It is the desire of the Legislature to develop and provide comprehensive environmental education programs in which students, teachers, citizens, businesses, and governmental entities can participate in order to promote good environmental practices and thereby protect the environmental diversity and natural resources of the state.
(b) As used in this section, the following words shall have the following meanings:
(1) BOARD. The Board of Directors of Legacy, as it may be constituted from time to time.
(2) ENVIRONMENTAL TAG. The environmental tag shall mean, but is not limited to, the Protect Our Environment distinctive license tag.
(3) LEGACY. Legacy, Inc., Partners in Environmental Education, a nonprofit organization.
(4) TRUST FUND. A trust fund established by the board which, when established, shall be perpetual, and any principal deposits into the trust fund shall not be subject to expenditure by the board or by the Legislature or by any other entity whatsoever.
(c) To receive an environmental license tag, an applicant shall do all of the following:
(1) Apply to the appropriate judge of probate, commissioner of licenses, or other license issuing official.
(2) Comply with the state motor vehicle laws relating to registration and licensing of motor vehicles.
(3) Pay the regular annual fee for the license tag as provided by law for private passenger or pleasure motor vehicles.
(4) Pay an additional annual fee of fifty dollars ($50) for the environmental license tag.
(d) Notwithstanding Section 32-6-54, the board shall apply to the Department of Revenue for approval of the proposed environmental tag design from the Legislative Oversight Committee on License Plates.
(e) The board may establish a trust fund from private or public funds, or both. Once the trust fund has been established, any monies deposited into the trust fund shall remain in the trust in perpetuity. The earnings, or part of the earnings, derived from the trust fund, however, may go into the operating account or accounts of Legacy for environmental education. The board shall determine the percentage of the earnings from the monies in the trust fund which may be subject to expenditures and which percentage, if any, that shall be redeposited into the trust fund to be held in perpetuity.
(f) If Legacy or its successor organization is dissolved permanently, the trust fund and the monies therein shall continue in perpetuity as a trust fund in the State Treasury, and the monies therein shall not be subject to disbursement or appropriation by any entity whatsoever. Ninety percent of the earnings of the trust fund may be appropriated by the Legislature to or on behalf of the public schools for environmental education. The remaining 10 percent of the annual earnings of the trust fund shall be held in the trust fund and shall not be subject to legislative appropriation or disbursement, if Legacy or its successor organization is dissolved permanently. The State Treasurer shall be the responsible authority for investing the monies of the trust fund only when Legacy or its successor organization is dissolved permanently.
(g) The Legislature finds that Legacy is the successor organization of the Alabama Environmental Education Initiative established by Section 32-6-156.1.
(h) The receipt and expenditure of funds by Legacy shall be subject to annual examination by a licensed public accountant.
(i) The unappropriated balance of funds in the Environmental Education Trust shall revert to Legacy on October 1, 2008.
(Act 2008-484, p. 1060, §§2-4.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall upon request be issued a personalized “In Memory” license plate honoring deceased family members.
(b) These plates shall be valid for five years and may then be replaced with a personalized license plate.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The plates shall be issued, printed, and processed like other personalized plates provided for by law and shall be furnished for the licensing year commencing January 1, 2016.
(e) The State Revenue Department shall prescribe for identification purposes any number or symbol necessary to the language requested by a person for an “In Memory” license plate issued.
(f) The additional revenues derived from the sales of the distinctive motor vehicle license plates shall be distributed monthly to the State General Fund.
(Act 2015-362, §3.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, and payment of regular fees required by law for license plates, owners of private passenger or pleasure motor vehicles who are residents of Alabama shall be issued distinctive “Alabama Bicentennial” license plates.
(b) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) The “Alabama Bicentennial” license plate shall be designed by the Department of Revenue, subject to approval by the Legislative Oversight Committee created pursuant to Section 32-6-67.
(d)(1) The plates shall be issued, printed, and processed like other distinctive plates provided in this chapter, furnished for the licensing years commencing January 1, 2016, and ending December 31, 2020. The plates issued pursuant to this subdivision may not be renewed after December 31, 2020.
(2) Notwithstanding subdivision (1), beginning January 1, 2022, “Alabama Bicentennial” license plates shall be issued, printed, and processed like other distinctive plates as provided in this chapter.
(e) The Department of Revenue may adopt rules necessary to administer this section.
(Act 2015-362, p. 1109, §4; Act 2021-407, §1.)
The proceeds of any fees collected under this division except for college or university commemorative tag fees, are hereby appropriated for each fiscal year to the board of corrections and may be used to pay salaries and other expenses of the board; provided, however, that the expenditure of the funds so appropriated shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41 and limited to the amount appropriated. Any fees collected for college or university commemorative tags shall be distributed to, and are hereby appropriated for, each fiscal year to the general scholarship funds of the college or university whose tag is purchased for scholarship grants to Alabama resident students only. These fees represent a charitable contribution from the purchaser to the general scholarship fund of that institution.
(Acts 1975, 3rd Ex. Sess., No. 144, p. 387, §7; Acts 1988, No. 88-127, p. 181, §4.)
The proceeds of the additional annual fifty dollars ($50) fee for the sale of the environmental license plate shall be transmitted by the local licensing official to the state Comptroller. The state Comptroller shall distribute the balance to Legacy, Inc., each month. The distribution of the proceeds shall not be subject to Section 32-6-68. The fees represent a charitable contribution from the purchaser to Legacy, Inc.
(Acts 1992, No. 92-622, p. 1464, §3; Act 2008-484, p. 1060, §1.)
Notwithstanding any other provision of law to the contrary, distinctive and personalized license plates may be issued to trucks with a gross vehicle weight not exceeding 10,000 pounds; provided, this section shall not apply to distinctive military license plates or plates with the Dynamic Accessibility Symbol.
(Act 2004-520, p. 1051, §5; Act 2024-346, §1.)
As used in this division, unless the context clearly requires a different meaning, “volunteer rescue squad” means only those persons or organizations who are members of the Alabama Association of Rescue Squads, Inc.
(Acts 1977, No. 777, p. 1336, §1.)
Members of volunteer rescue squads may, upon application and subject to the provisions of this division, be issued distinctive motor vehicle license plates or tags identifying these persons with such organizations. The distinctive plates or tags so issued members of these organizations shall bear the letters “R.S.” and the proper number stamped thereon.
(Acts 1977, No. 777, p. 1336, §2.)
The distinctive license plates provided for by this division shall be prepared by the Commissioner of Revenue and shall be issued through the probate judge or license commissioner of the several counties of the state in like manner as are other motor vehicle license plates or tags, and such officers shall be entitled to their regular fees for such service. Applicants for such distinctive plates shall present to the issuing official proof of their membership in a volunteer rescue squad by means of certificate signed by the treasurer of Alabama Association of Rescue Squads, Inc. The distinctive license plates or tags so issued shall be used only upon and for personally-owned, private passenger vehicles (to include station wagons and pick-up trucks) registered in the name of the member of a volunteer rescue squad making application therefor, and when so issued to such applicant shall be used upon the vehicle for which issued in lieu of the standard license plates or license tags normally issued for such vehicle.
(Acts 1977, No. 777, p. 1336, §3.)
The distinctive license plates issued under this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange, or otherwise dispose of same, such plates shall be retained by the owner to whom issued and by him or her returned to the probate judge or license commissioner of the county, who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license period, the probate judge or license commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to the vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the probate judge or license commissioner shall, upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him or her upon such vehicle and use same thereon for the remainder of the then current license period. Such notice of transfer of ownership shall be made of record by the probate judge or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the probate judge or license commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license period.
(Acts 1977, No. 777, p. 1336, §4.)
Such distinctive plates or tags shall be prepared and furnished for the licensing year commencing October 1, 1977, and thereafter as is provided by law for the issuance of other license plates.
(Acts 1977, No. 777, p. 1336, §5.)
Any member of any Shrine motorcycle club, corps, or unit within the state who owns a heavyweight or heavy-duty motorcycle may, upon application as hereinafter prescribed, be issued a distinctive license plate in lieu of the regular motorcycle license plate. Such distinctive motorcycle license plate shall be of a design to be prescribed by the Commissioner of Revenue; provided, that the colors used in such design shall be yellow, green, and red only and the Shrine emblem shall appear prominently on the plate. Only one such distinctive license plate shall be issued to any individual person.
(Acts 1978, 2nd Ex. Sess., No. 133, p. 1861, §1.)
The distinctive license plates provided for in this subdivision shall be prepared by the Commissioner of Revenue and shall be issued through the judge of probate or license commissioner of the several counties of the state in like manner as are other motor vehicle license plates, and such officers shall be entitled to their regular fees for such service. Applicants for such distinctive plates shall present to the issuing official proof of their membership in a Shrine motorcycle club, corps, or unit within the state by means of a certificate signed by the potentate of the Shrine Temple of such applicant, on forms prescribed by the Commissioner of Revenue. Such applicant shall pay to the issuing officer the regular license tax prescribed by law and an additional fee of $5.00. Upon such payment, the distinctive license plate shall be issued as is herein provided. The distinctive license plates herein provided for shall be issued for heavyweight or heavy-duty motorcycles only.
(Acts 1978, 2nd Ex. Sess., No. 133, p. 1861, §2.)
(a) A member of the Ancient Arabic Order of Nobles of the Mystic Shrine for North America who is the owner of a motor vehicle and a resident of the state may be issued a distinctive license tag or plate bearing the words “The Ancient Arabic Order of Nobles of the Mystic Shrine” across the top portion of the tag or plate and bearing its logo between the county identification number and the actual license number. The member shall make application to the judge of probate or license commissioner, comply with the motor vehicle registration and licensing laws, pay the regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and pay an additional fee of twenty-five dollars ($25).
(b) The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided for in Chapter 6 of this title. The tags or plates shall be valid for five years and may be replaced with either a conventional, personalized, or new “Ancient Arabic Order of Nobles of the Mystic Shrine” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(Acts 1994, No. 94-695, p. 1335, §1.)
The net proceeds of the additional revenues derived from sales of tags pursuant to this division, less administrative costs, including the cost of production of the tags, shall be distributed by the judge of probate or license commissioner to the Juvenile Health Care Board of the City of Piedmont, Alabama.
(Acts 1994, No. 94-695, p. 1335, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates or tags previously purchased by the owner to the vehicle, which plates or tags shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license plates or tags acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license plates or tags previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be made of record by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1994, No. 94-695, p. 1335, §3.)
Upon termination of membership with the Ancient Arabic Order of Nobles of the Mystic Shrine, an applicant to whom a distinctive license plate was issued under Section 32-6-192 shall, within 30 days, return the plate to the judge of probate or the license commissioner of the county of the applicant’s residence.
(Acts 1994, No. 94-695, p. 1335, §4.)
If a distinctive license plate deteriorates to the point where inscriptions thereon are not discernible, the owner or lessee may obtain a replacement plate free of charge.
(Acts 1994, No. 94-695, p. 1335, §5.)
For purposes of this division, the terms used shall have the meanings as defined in Section 32-8-2.
(Acts 1979, No. 79-817, p. 1516, §1; Act 2021-426, §1.)
Each designated agent shall, upon proper application, issue to the owner of a motor vehicle which is to be permanently licensed in some state other than Alabama a temporary license tag to be affixed to such motor vehicle and a temporary registration certificate. Each dealer who is a designated agent may, upon proper application, issue to the owner of a motor vehicle which is to be permanently licensed in Alabama, a temporary license tag to be affixed to such motor vehicle, and a temporary registration certificate. A dealer who has been appointed by the department to perform the duties of a designated agent shall have the authority to issue a temporary license tag and temporary registration certificate only for motor vehicles which are sold by that dealer.
Any temporary license tags and registration receipts issued under this chapter or Chapter 12 of Title 40 shall be issued in a manner as prescribed by the department.
(Acts 1979, No. 79-817, p. 1516, §2; Act 2017-242, §1.)
(a) A manufacturer of a motor vehicle, mobile home, trailer coach, travel trailer, house trailer, semitrailer or trailer, including a utility trailer, manufactured on a chassis or undercarriage as an integral part thereof drawn by a self-propelled vehicle who has a manufacturing, constructing, or assembling plant in this state may make application to the department for authority to issue temporary license plates and temporary registration certificates in connection with such motor vehicles, mobile homes, trailer coaches, travel trailers, house trailers, semitrailers or trailers, including utility trailers, manufactured by it in this state and which are to be permanently licensed in some state other than Alabama. A dealer in motor vehicles, mobile homes, trailer coaches, travel trailers, house trailers, semitrailers or trailers, including utility trailers, may also make application to the department for authority to issue temporary license plates and temporary registration certificates in connection with such vehicles sold by it which are to be permanently licensed in some state other than the State of Alabama. A transporter of motor vehicles, mobile homes, trailer coaches, travel trailers, house trailers, and semitrailers or trailers, including utility trailers, may also make application to the department for authority to issue temporary license plates and temporary registration certificates in connection with the transporting of those vehicles.
(b) A manufacturer of a boat who has a manufacturing, constructing, or assembling plant in this state may make application to the department for authority to issue a temporary license plate and temporary registration certificate in connection with the boat trailer used to transport such boat manufactured by it in this state when the boat is to be domiciled in some state other than Alabama. A dealer in boats may also make application to the department for authority to issue temporary license plates and temporary registration certificates in connection with a boat trailer used to transport a boat sold by it which is to be domiciled in some state other than the State of Alabama. A transporter of boats may also make application to the department for authority to issue temporary license plates and temporary registration certificates in connection with transporting the boat trailer used to transport a boat.
(c) If approved by the department, the manufacturer, dealer, or transporter shall enter into a bond with a corporate surety authorized to do business in this state as surety thereon, payable to the State of Alabama in a sum as provided for in Section 40-12-398. Provided that a manufacturer, dealer, or transporter who has entered into a bond pursuant to Section 32-8-34, 32-20-22, or 40-12-398, shall not be required to obtain another bond pursuant to this section. The manufacturer, dealer, or transporter may perform its duties under this division either personally or through any of its officers or employees.
(Acts 1979, No. 79-817, p. 1516, §3; Act 2018-366, §1; Act 2021-426, §1.)
Each judge of probate of this state or other county official in this state authorized and required by law to issue motor vehicle license tags shall have the authority, upon proper request, to issue a temporary license tag and a temporary registration certificate to the owner of a motor vehicle to be licensed in this state when, due to circumstances, a permanent license tag cannot immediately be issued or when, in the judgment of the probate judge or other county official authorized and required by law to issue motor vehicle license tags, just cause exists for the issuance of such temporary license tag and registration certificate. The temporary license tag provided for herein shall be of a color or design distinctive from the temporary license tags prescribed in Sections 32-6-211 and 32-6-212.
(Acts 1979, No. 79-817, p. 1516, §4.)
Each temporary license tag and temporary registration certificate issued hereunder shall be valid for 20 days from the date of issuance and shall be used only on the vehicle for which issued. No temporary license tag shall be renewed nor shall successive temporary license tags be issued in connection with the same motor vehicle. Provided, however, that a judge of probate or other county official authorized and required by law to issue motor vehicle license tags issuing a temporary license tag under Section 32-6-213 may issue a temporary license tag for a motor vehicle which has previously received a temporary license tag issued by some other designated agent, manufacturer, dealer, or transporter and further may issue successive temporary license tags in connection with the same motor vehicle for periods not to exceed a total of 60 days.
(Acts 1979, No. 79-817, p. 1516, §5; Act 2021-426, §1.)
The fee for issuance of each temporary license tag shall be two dollars and twenty-five cents ($2.25) which shall be collected by the designated agent, manufacturer, dealer, or transporter qualifying under Section 32-6-212. From each fee collected, the designated agent, manufacturer, or dealer shall remit one dollar and fifty cents ($1.50) to the department for deposit to the Public Road and Bridge Fund of the State of Alabama and shall remit seventy-five cents ($.75) to the county in which the temporary license tag is issued to be paid into the treasury of the county, provided, that in all counties where the judge of probate is reimbursed on a fee basis instead of on a salary basis, then such seventy-five cents ($.75) shall be paid to the judge of probate.
(Acts 1979, No. 79-817, p. 1516, §6; Act 2021-426, §1.)
Every designated agent, manufacturer, dealer, or transporter qualifying under Section 32-6-212 issuing a temporary license tag shall insert clearly and indelibly on the face of each temporary license tag the date of issuance and expiration, the make and vehicle identification number of the motor vehicle for which issued, and other information as the department shall require. Upon issuance of a temporary license tag, the designated agent, manufacturer, dealer, or transporter shall also deliver to the owner a temporary registration certificate upon a form prescribed by the department. The designated agent, manufacturer, dealer, or transporter shall retain a copy of the temporary registration certificate and shall transmit the original of the certificate to the department, one copy to the judge of probate or other county official authorized and required by law to issue motor vehicle license tags of the county in which the temporary license tag is issued, and one copy to the applicant.
(Acts 1979, No. 79-817, p. 1516, §7; Act 2021-426, §1.)
Every designated agent, manufacturer, dealer, or transporter qualifying under Section 32-6-212 shall maintain for one year a record of all temporary license tags and temporary registration certificates issued by him or her and shall maintain any other information pertaining to the issuance of temporary license tags as the department shall require. All records required under this section to be maintained by the designated agent, manufacturer, dealer, or transporter shall be available for inspection and examination by duly authorized representatives of the department upon request.
(Acts 1979, No. 79-817, p. 1516, §8; Act 2021-426, §1.)
The department shall prescribe the design and material of the temporary license tags, temporary registration certificates, application forms, and all other notices and forms necessary to carry out this division and shall furnish a supply of the materials to designated agents, manufacturers, dealers, or transporters qualifying under Section 32-6-212 upon request. The department may make necessary investigations to procure information required to carry out this division, may adopt and enforce reasonable rules and regulations to carry out the provisions hereof, and may, after a hearing, revoke the authority to issue temporary license tags or registration certificates of any dealer or other person appointed by the department to act as a designated agent, manufacturer, dealer, or transporter who it finds has failed to faithfully perform his or her duties under this division.
(Acts 1979, No. 79-817, p. 1516, §9; Act 2021-426, §1.)
It shall be unlawful for any owner to make any false statement in making application for issuance of a temporary license tag and temporary registration certificate, or for any designated agent, manufacturer, dealer, or transporter qualifying under Section 32-6-212 to issue a temporary license tag or temporary registration certificate with knowledge of such false statement, or for any person to operate a motor vehicle upon the public roads of this state with a temporary license tag which has expired. Anyone violating this section shall be guilty of a misdemeanor and shall be punished, upon conviction, by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six months, or by both.
(Acts 1979, No. 79-817, p. 1516, §10; Act 2021-426, §1.)
For purposes of this division, the following terms shall have the following meanings as provided in this section:
(1) INDIVIDUAL WITH A LONG-TERM DISABILITY. Any person with a long-term disability which limits or impairs the ability of the person to walk, and the person meets any one of the following conditions, as determined by a licensed physician:
a. The person cannot walk 200 feet without stopping to rest.
b. The person cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device.
c. The person is restricted by lung disease to such an extent that the person’s forced respiratory expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg, millimeters of mercury, on room air at rest.
d. The person uses portable oxygen.
e. The person has a cardiac condition to the extent that the functional limitation of the person is classified in severity as Class III or Class IV according to standards set by the American Heart Association.
f. The person is severely limited in his or her ability to walk due to an arthritic, neurological, or orthopedic condition.
(2) INDIVIDUAL WITH A TEMPORARY DISABILITY. Any person having a temporary, for a period up to six months, disability, as determined by a licensed physician, which limits or impairs the ability to walk as specified in subdivision (1).
(3) LICENSED PHYSICIAN. A doctor of medicine or a doctor of osteopathy licensed to practice medicine or a person employed by the U. S. government as a doctor of medicine or doctor of osteopathy to practice medicine.
(Acts 1981, No. 81-695, p. 1167, §1; Acts 1989, No. 89-856, p. 1706, §2; Act 2000-811, p. 1935, §1.)
AMENDED BY ACT 2026-498, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Any individual who submits to the license issuing official a completed special access parking or disability access parking application form approved by the Commissioner of Revenue which includes the physician’s certification that he or she is an individual with a disability shall be issued one removable windshield placard displaying the Dynamic Accessibility Symbol, thereby designating the driver of the vehicle or the passenger as being an individual with a disability.
(1) The removable windshield placard shall be prepared by the commissioner in conformity to Public Law 100-641 and rulemaking resulting therefrom.
(2)a. The removable windshield placard issued to the individual with a long-term disability shall expire after a maximum period of five years or any period less than five years to be designated by the commissioner. The placard shall clearly reveal the expiration date and shall be designed in accordance with Public Law 100-641 and rulemaking resulting therefrom to hang from the front windshield rearview mirror when the vehicle is parked in a parking space reserved for individuals with disabilities. If the vehicle lacks a rearview mirror, the placard shall be placed on the dashboard.
b. The commissioner may require all individuals with long-term disabilities to be recertified by a licensed physician before special access or disability access parking removable windshield placards may be reissued.
(3) In the event that an individual with a disability does not have the distinctive special access or disability access license plate as provided by Sections 40-12-300 to 40-12-302, inclusive, upon request, a second placard may be issued.
(b) The commissioner may adopt any rules necessary to administer this division.
(c) An individual with a temporary disability, who submits to the license issuing official a completed special access or disability access application form approved by the commissioner which includes the physician’s certification that he or she is an individual with a temporary disability, shall be issued one temporary removable windshield placard for a period valid up to six months.
(d) Any special access or disability access placard that is not in conformity with the federal system rule for parking reserved for individuals with disabilities, Public Law 100-641, and subsequent Rule 23 C.F.R. § 1235, shall not be recognized as a valid disabled parking credential.
(Acts 1981, No. 81-695, p. 1167, §2; Acts 1989, No. 89-856, p. 1706, §2; Act 2000-752, p. 1703, §1; Act 2000-811, p. 1935, §1; Act 2024-346, §1.)
(a) For the purpose of parking spaces reserved for persons with disabilities, the term “military distinctive license plate” includes any of the following: Medal of Honor license plate; Prisoners of War license plate; Purple Heart Medal Recipients license plate; retired military license plate; National Guard license plate; disabled veteran license plate; Pearl Harbor survivors license plate; World War II veterans license plate; Korean War veterans license plate; veterans of the Battle of the Bulge license plate; veterans of Desert Shield/Desert Storm license plate; Vietnam veterans license plate; veterans of the United States Armed Forces exposed to dangerous levels of radiation due to the atomic bomb and weapons testing from 1944 to 1962 license plate; and any subsequently enacted distinctive license plates issued exclusively to veterans.
(b) Any individual qualified to receive a military distinctive license plate pursuant to this chapter, who submits to the judge of probate, license commissioner, or other issuing official authority medical proof satisfactory to the Commissioner of Revenue that he or she is an individual with a disability in accordance with Public Law 100-641 and rulemaking resulting therefrom, shall be issued a distinctive military license plate which is inscribed with the Dynamic Accessibility Symbol designating the vehicle owner as being an individual with a disability. The Commissioner of Revenue shall adopt procedures for the issuance of these distinctive military license plates containing the Dynamic Accessibility Symbol. Individuals with disabilities displaying these plates shall be allowed to park in parking zones designated reserved for handicapped individuals with disabilities upon the payment of parking fees the same as any other individual.
(Act 2000-752, p. 1703, §2; Act 2024-346, §1.)
(a) Commencing on January 1, 2022, a vehicle owner who is qualified to receive a distinctive license plate pursuant to this chapter, who has a long-term disability, as defined in Section 32-6-230, and who submits to the judge of probate, license commissioner, or other issuing authority medical proof satisfactory to the Commissioner of Revenue that he or she is an individual with a disability in accordance with Public Law 100-641 and rulemaking resulting therefrom, may be issued a license plate under this chapter or Chapter 12 of Title 40, which displays the Dynamic Accessibility Symbol.
(b) License plates displaying the Dynamic Accessibility Symbol may be displayed on private passenger automobiles, motorcycles, pickup trucks, or self-propelled campers or house cars.
(c) The Department of Revenue may adopt rules necessary to administer this section.
(Act 2021-407, §2; Act 2024-346, §1.)
(a) On or after January 1, 2027, the Department of Revenue shall develop and implement an electronic scanning system through which a scannable barcode or quick response code shall appear on disability placards and, upon scanning, shall link to the disability placard holder’s name and the status of the disability placard.
(b) The Commissioner of Revenue shall adopt rules as necessary to implement this section. At a minimum, the rules shall address all of the following:
(1) The creation of a scannable barcode or quick response code linked to a disability placard holder’s name and the status of the disability placard as active or expired.
(2) The appearance of the scannable barcode or quick response code on disability placards.
(3) That the system and the information contained within the system may only be accessed by the Department of Revenue and law enforcement agencies enforcing Sections 32-6-233 and 32-6-233.1.
(Act 2026-498, §4.)
Individuals with long-term and temporary disabilities to whom removable windshield placards or distinctive special access or disability access license plates are issued, and the operators of motor vehicles on which these distinctive license plates are issued when transporting individuals with disabilities, shall be allowed to park in parking zones designated for individuals with disabilities upon the payment of parking fees the same as any other person. This section does not permit parking in zones where stopping, standing, or parking is prohibited to all vehicles, or zones reserved for special types of vehicles. This section also does not permit parking when there is a local ordinance prohibiting parking during heavy traffic periods during morning, afternoon, or evening rush hours, or where parking would clearly present a traffic hazard. All parking places for individuals with disabilities shall comply with ANSI A. 117.1 (1980) standards.
(Acts 1981, No. 81-695, p. 1167, §3; Acts 1989, No. 89-856, p. 1706, §2; Act 2000-811, p. 1935, §1.)
(a) Any person who is not an individual with a long-term or temporary disability, or who is not an owner of a vehicle primarily transporting an individual with a disability, and who willfully and falsely represents himself or herself as an individual with a long-term or temporary disability or as an owner of a vehicle primarily transporting an individual with a disability to obtain the distinctive special access or disability access license plates, or removable windshield placards, or both, prescribed by this division or Section 40-12-300, or who misuses or abuses the parking privilege protected by this division, or owns a vehicle bearing the distinctive special access or disability access license plate and is not entitled to that plate, or is using removable windshield placards and is not entitled to do so under this division, to include use of an altered, or stolen special access or disability access license plate or removable windshield placard, shall be guilty of a Class B misdemeanor and, upon conviction, shall be punished according to law.
(b) Any person who misuses or abuses the parking privileges protected by this division by parking in designated special access parking or disability access spaces with expired removable windshield placards shall be guilty of a Class C misdemeanor and, upon conviction, shall be punished according to law.
(Acts 1981, No. 81-695, p. 1167, §4; Acts 1989, No. 89-856, p. 1706, §2; Act 2000-811, p. 1935, §1.)
AMENDED BY ACT 2026-498, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) It shall be unlawful for any person who does not have a distinctive special long-term access or long-term disability access license plate or placard or temporary disability placard as provided in Section 32-6-231, or who is not transporting a passenger who has a distinctive special long-term access or long-term disability access license plate or placard or temporary disability placard as provided in Section 32-6-231, to park a motor vehicle in a parking place designated for individuals with disabilities at any place of public accommodation, any business or legal entity engaged in interstate commerce or which is subject to any federal or state laws requiring access by individuals with disabilities, any amusement facility or resort, or any other place to which the general public is invited or solicited, even though located on private property. Upon conviction, notwithstanding any other penalty provision that may be authorized or employed, the person shall be fined a minimum of fifty dollars ($50) for the first offense, a minimum of two hundred dollars ($200) for the second offense, and a minimum of five hundred dollars ($500) for the third or any subsequent offense. In addition, for the second or any subsequent offense under this section, the person shall be ordered by the court to perform a minimum of 40 hours of either of the following forms of community service:
(1) Community service for a nonprofit organization that serves individuals with disabilities or serves individuals who have a disabling disease.
(2) Any other community service that may sensitize the individuals to the needs and obstacles faced daily by individuals with disabilities.
(b) Any authorized municipal, county, or state law enforcement officer may go on private property to enforce this section.
(c) This section may be enforced by any law enforcement officer who has successfully complied with the minimum standards for police officers as set forth in Section 36-21-46, including, but not limited to, municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers. Any law enforcement officer enforcing this section may ask for verification that either the driver or a passenger of the parked vehicle is the lawful holder of a distinctive special long-term access or long-term disability access license plate or placard or temporary disability placard.
(d) Any sign designating a special access parking or disability parking place may contain on the sign or attached to the sign the amount of the fine for a parking violation on the first offense pursuant to subsection (a).
(e)(1) If the law enforcement officer who issues the special access parking or disability parking violation is employed by a local law enforcement agency, 100 percent of the fines collected pursuant to this section shall be paid to the municipal or county general fund for the use of the law enforcement agency by whom the arresting officer is employed.
(2) If the law enforcement officer who issues the special access parking or disability access parking violation is employed by a state law enforcement agency, the fines collected pursuant to this section shall be remitted to the State Treasury, to be deposited in a separate fund to be distributed 50 percent to the law enforcement agency by whom the arresting officer is employed, 25 percent to the Administrative Office of Courts, to be expended for support of the trial courts, and 25 percent to the Department of Mental Health, to be expended for the Individual and Family Support Program for individuals with developmental disabilities.
(3) All funds deposited to a separate fund in the State Treasury pursuant to this subsection to be expended by the Department of Mental Health, the Administrative Office of Courts, and state law enforcement agencies shall be appropriated by the Legislature, for the purposes stated in this subsection. The expenditure of such sums so appropriated shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. No monies deposited to this fund shall revert to the State General Fund at the end of any fiscal year. Prior to the release of any monies to the Individual and Family Support Program, such expenditures shall first be approved by the Commissioner of the Department of Mental Health.
(f) This section shall be held in pari materia with all other provisions of law related to illegal special access parking or disability access parking violations and all laws or parts of laws which conflict with this section are repealed.
(g) Municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers, may cause vehicles illegally parked in accessible parking spaces to be towed.
(h) Municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers may issue violations for vehicles parked on access aisles. “Access aisles” are defined as the hash-marked or cross-striped space that is five feet or eight feet wide which is directly next to the accessible parking space. “Access aisle” also has the same definition as contained within the 2010 Accessible Design Standards within the Americans with Disabilities Act.
(Acts 1985, 2nd Ex. Sess., No. 85-997, p. 365; Acts 1989, No. 89-856, p. 1706, §2; Acts 1997, No. 97-473, p. 829, §1; Act 2000-811, p. 1935, §1; Act 2015-255, p. 724, §1; Act 2018-458, §1; Act 2025-399, §1.)
Official disability parking identification devices issued by any other state, district, or territory subject to the laws of the United States, or any foreign jurisdiction shall be recognized in the State of Alabama. Motor vehicles bearing a valid device from those jurisdictions shall be accorded the parking privileges contained within this division until residency is established.
(Acts 1981, No. 81-695, p. 1167, §5; Acts 1989, No. 89-856, p. 1706, §2; Act 2000-811, p. 1935, §1.)
(a) For purposes of this section, the term “invisible disability” means a physical or mental condition that may interfere with an individual’s ability to communicate with a first responder, including:
(1) A communication impediment;
(2) Hearing loss;
(3) Blindness or a visual impairment;
(4) Autism spectrum disorder;
(5) Traumatic brain injury;
(6) Schizophrenia;
(7) Alzheimer’s disease or dementia;
(8) Post traumatic stress disorder;
(9) Epilepsy;
(10) A developmental disability;
(11) Down syndrome;
(12) Diabetes;
(13) A heart condition; or
(14) A cognitive disability.
(b) An owner of a motor vehicle who is a resident of Alabama and who has been diagnosed with an invisible disability or an individual who is the primary caretaker of an individual who has been diagnosed with an invisible disability shall be issued a license plate of the individual’s choosing and an “Invisible Disability” license plate decal upon:
(1) Application to the judge of probate, license commissioner, or other issuing official;
(2) Compliance with motor vehicle registration and licensing laws;
(3) Payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles;
(4) Payment of any additional fees required by law for distinctive license plates, should the individual seek to be issued a distinctive license plate; and
(5) Presentation of a diagnosis from a physician licensed to practice medicine in this state as proof of eligibility.
(c) The validity of the “Invisible Disability” license plate decal shall coincide with the reissuance of the registrant’s license plate as provided in Section 32-6-62.
(d) Payment of required license fees and taxes for the years during which a new license plate is not issued shall be evidenced as provided in Section 32-6-63.
(e) Kulturecity, Incorporated shall be responsible for the design of the license plate decal subject to approval by the Commissioner of Revenue and compliance with all laws and rules.
(f) The “Invisible Disability” decal provided by this section shall not qualify the individual to be parked in special access parking as provided in Sections 40-12-300 and 32-6-231 unless the individual has been issued a disability distinctive special access plate or placard as provided for in those sections.
(g) The Department of Revenue may adopt rules to implement this section.
(Act 2026-541, §1.)
(a) A distinctive permanent license plate shall be issued to any resident of the state who is a recipient of the Medal of Honor or the widow of a recipient of the Medal of Honor, to any resident who is a recipient of the Purple Heart Medal, to any resident who is a member of the Legion of Valor with positive proof of membership and the award of the Medal of Honor, the Army Distinguished Service Cross, the Navy Cross, or the Air Force Cross, to any resident who is a recipient of the Distinguished Flying Cross, to any resident who is a recipient of the Silver Star, to any resident who is a recipient of the Bronze Star, to any resident who is a recipient of the Air Medal, or to any resident who shows by satisfactory proof that he or she was a duly recognized former prisoner of war, for use on a private motor vehicle registered in the name of the resident. There shall be no fee or tax for the license plate, except Purple Heart Medal recipients shall pay ad valorem taxes on vehicles for which the distinctive plates are issued, Distinguished Flying Cross, Silver Star, Bronze Star, and Air Medal recipients shall pay the regular registration fee and ad valorem taxes and an annual additional fee of twenty-five dollars ($25), and no recipient shall receive a plate for more than one vehicle except as provided in subsection (c).
(b) A former prisoner of war for purposes of this section is an individual who, as a member of the United States Armed Forces, or while serving with a formal United States ally force, or as a United States civilian, was held as a prisoner of war during any armed conflict by forces hostile to the United States.
(c) An individual eligible to be issued a distinctive license plate under this section may be issued additional distinctive license plates, under any of the above license plate categories, if the individual otherwise qualifies to receive the distinctive license plate, upon payment of all license tax and registration fees, including ad valorem taxes, for the vehicles and an annual additional fee of twenty-five dollars ($25) for the Distinguished Flying Cross, the Silver Star, the Bronze Star, and the Air Medal distinctive license plates. Annual renewal decals shall be provided after payment, if required, of license fees and taxes for the years during which a new tag or plate is not issued as provided in Section 32-6-63.
(Acts 1981, No. 81-699, p. 1176, §1; Acts 1982, No. 82-571, p. 1063, §1; Acts 1991, No. 91-657, p. 1244, §1; Act 98-641, p. 1412, §1; Act 2000-577, p. 1065, §1; Act 2015-362, p. 1109, §1; Act 2016-408, p. 1096, §4; Act 2017-400, §1; Act 2023-498, §1.)
An applicant for a veteran distinctive license plate shall be a veteran of the appropriate conflict or otherwise qualify for the distinctive license plate as authorized by this chapter. Notwithstanding subsection (d) of Section 32-6-350, the applicant shall provide the licensing official with form DD214 or any other documentation prescribed by law or administrative rule as evidence of qualification for the license plate. In the event that form DD214 or other qualifying documentation prescribed by law or administrative rule is unavailable, the applicant shall provide the licensing official with a certification of eligibility from the Department of Veterans’ Affairs after the applicant provides that office with other authoritative documentation evidencing eligibility for the license plate.
(Act 2017-400, §2.)
The special plates shall be of the same size as regular motor vehicle license plates, distinguished by the letters MOH, LOV, Distinguished Flying Cross, Silver Star, Bronze Star, PHM, or AM to be of a different color scheme and design to any other vehicle plate in this state, or POW to be of the same color scheme as other distinguished military plates in this state, whichever distinctive design applies, the nature of which shall be prescribed by a committee to be appointed by the chief legislative sponsors of this division. The net proceeds of the additional revenues from the sales of the Distinguished Flying Cross, the Silver Star, the Bronze Star, and the Air Medal distinctive military plates, less the administrative costs including the costs of production incurred by the Department of Revenue in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. The state Comptroller shall distribute the proceeds into the Alabama Veterans’ Assistance Fund in the State Treasury.
(Acts 1981, No. 81-699, p. 1176, §2; Acts 1991, No. 91-657, p. 1244, §2; Act 2015-362, p. 1109, §1; Act 2016-408, p. 1096, §4; Act 2017-400, §1; Act 2023-498, §1.)
Such license plates issued pursuant to this division may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the department. It shall be unlawful for any person to whom such plates have been issued to knowingly permit them to be displayed on any vehicle except the one authorized by the department.
(Acts 1981, No. 81-699, p. 1176, §3.)
The provisions of this division shall not affect the registration and licensing of motor vehicles as required by other provisions of the Code of Alabama 1975, but shall be cumulative thereto. Any person violating the provisions of this division or any person who (i) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this division, (ii) conceals a material fact, or (iii) otherwise commits a fraud in any such application or in the use of any special license plate issued shall be guilty of a Class C misdemeanor as defined by the Code of Alabama 1975.
(Acts 1981, No. 81-699, p. 1176, §4.)
(a) Any person who submits to the Department of Veterans Affairs an application which includes satisfactory proof that he or she meets the military service and award requirements to be issued a license plate authorized by Section 32-6-250, shall be issued a removable windshield placard displaying the appropriate military honor or veteran status. The application shall be on a form approved by the Department of Veterans Affairs. There shall be no fee for the removable windshield placard.
(b) The removable windshield placard shall be prepared by the Department of Veterans Affairs in cooperation with the Department of Revenue.
(c) The removable windshield placard shall be designed to hang from the front windshield rearview mirror when the vehicle is parked in a parking space reserved for persons with the corresponding military honor or veteran status. If the vehicle lacks a rearview mirror, the placard shall be placed on the dashboard.
(d) The Commissioner of the Department of Veterans Affairs may adopt rules necessary to implement and administer this section.
(e) It shall be unlawful for any person to park a motor vehicle in a parking place at any place of public accommodation that is designated for an individual who has received a specific military honor or for an individual with a specific veteran status who does not have the corresponding distinctive license plate as provided in Section 32-6-250, or the corresponding removable windshield placard as provided in this section.
(f) A violation of this section results in a fine of twenty-five dollars ($25) for a first offense, fifty dollars ($50) for a second offense, and one hundred dollars ($100) for a third or subsequent offense.
(g) It shall be an affirmative defense to a prosecution under this section if the defendant is in fact a recipient of the military honor or has the veteran status that was designated at the parking place at which the alleged violation occurred.
(h) Any authorized municipal, county, or state law enforcement officer may enter upon private property to enforce this section.
(i) This section may be enforced by any law enforcement officer who has successfully complied with the minimum standards for police officers as set forth in Section 36-21-46, including, but not limited to, municipal law enforcement officers, sheriffs, deputy sheriffs, and Alabama State Troopers.
(j)(1) If the law enforcement officer who issues the parking violation under this section is employed by a local law enforcement agency, 50 percent of the fine collected under this section shall be paid to the municipal or county general fund for the use of the law enforcement agency by which the arresting officer is employed. The remainder shall be remitted to the State Treasury, to be deposited in a separate fund, to be distributed as follows:
a. Fifty percent to the Administrative Office of Courts.
b. Fifty percent to the Department of Veterans Affairs.
(2) If the law enforcement officer who issues the parking violation is employed by a state law enforcement agency, the fine collected under this section shall be remitted to the State Treasury, to be deposited in a separate fund and distributed as follows:
a. Fifty percent to the law enforcement agency of the arresting officer.
b. Twenty-five percent to the Administrative Office of Courts.
c. Twenty-five percent to the Department of Veterans Affairs.
(3) All funds remitted to the State Treasury and deposited into a separate fund under this subsection shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.
(Act 2018-133, §1, 2.)
The use and transferability of such plates shall be the same as the method used for National Guard and Air National Guard plates as provided in Sections 32-6-111 through 32-6-114. Provided, however, the license plates shall be permanent in nature and shall not be reissued each year. A recipient shall be entitled to keep his or her license plate for life. Provided further, upon the death of any recipient, the surviving spouse shall be entitled to retain the distinctive permanent plate, at no fee or tax, except that surviving spouses of Purple Heart Medal recipients shall pay ad valorem taxes due, for one private motor vehicle owned by the surviving spouse for the remainder of the spouse’s lifetime or until his or her remarriage.
(Acts 1981, No. 81-699, p. 1176, §5; Acts 1982, No. 82-571, p. 1063, §1; Acts 1986, No. 86-621, p. 1209; Acts 1991, No. 91-657, p. 1244, §3.)
The Department of Revenue shall be empowered to promulgate all necessary rules and regulations necessary to implement this division.
(Acts 1981, No. 81-699, p. 1176, §6.)
(a) As used in this division, unless the context clearly requires a different meaning: “Firefighter” means a current member or members of, or a retired member or members from, a paid, part-paid or volunteer fire department of a city, town, county, or other subdivision of the state or civilian federal firefighters or of a public corporation organized for the purpose of providing water, water systems, fire protection services, or fire protection facilities in the state; and such words shall include the chief, assistant chief, wardens, engineers, captains, firemen, and all other officers and employees of such departments who actually engage in fire fighting or in rendering first aid in case of drownings or asphyxiation at the scene of action.
(b) As used in this division, the term “retired volunteer firefighter” means someone that has retired from performing the required duties of a firefighter on a voluntary basis at a certified volunteer fire department, wherein, those duties were performed for at least 10 years and the person has attained the age of 55 years old. Notwithstanding any other provision of this division, the term “retired volunteer firefighter” includes a volunteer firefighter who is a resident of this state and who has retired from a volunteer fire department in another state and who otherwise meets the requirements of this subsection.
(Acts 1982, No. 82-550, p. 909, §1; Acts 1989, No. 89-917, p. 1815, §1; Acts 1991, No. 91-579, p. 1066, §1; Act 2013-398, p. 1516, §1.)
AMENDED BY ACTS 2026-243 AND 2026-557, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) A firefighter, upon application and subject to this division, may be issued a distinctive motor vehicle license plate as identification as a firefighter. In addition to the proper numbers, words, and insignias used on the standard license plate issued for motor vehicles, the distinctive plates issued to firefighters shall bear a red Maltese cross emblem on each side to the left and right of the regular tag numbers. The words “Fire Fighter” should be centered at the bottom of the license plate.
(b) In addition to any other fees provided for by law, an annual additional fee of one dollar ($1.00) is added to the cost of the firefighter distinctive license plate provided for in this division, effective January 1, 2022. The annual additional fee collected pursuant to this section shall be distributed by each licensing official to the state Comptroller. The state Comptroller shall distribute the net proceeds monthly as follows:
(1) Fifty cents ($.50) shall be deposited into a fund managed by the Alabama Joint Fire Council and shall be used for the purpose of expanding and maintaining the Alabama Firefighter Memorial located in Tuscaloosa.
(2) Fifty cents ($.50) shall be distributed to the Alabama Joint Fire Council to be used for expenses associated with the Firefighter Peer Support Program.
(c) The funds generated by this fee shall be subject to audit from either the Department of Examiners of Public Accounts or an independent certified public accountant once every three calendar years effective January 1, 2022.
(Acts 1982, No. 82-550, p. 909, §2; Act 2015-362, p. 1109, §1; Act 2021-432, §1.)
(a) The distinctive license plates here provided for shall be prepared by the Commissioner of Revenue and shall be issued through the judge of probate, license commissioner, or other license issuing official of the several counties of the state in like manner as are other motor vehicle license plates or tags and such officers shall be entitled to their regular fees for such service.
(b) The Alabama Forestry Commission shall prepare a list of all members of certified volunteer fire departments and the Firefighters’ Personnel Standards and Education Commission shall prepare a list of all members of paid or part-paid fire departments. The Alabama Forestry Commission shall also add to the list any retired volunteer firefighter retired from a volunteer fire department in another state who submits proof to the commission of eligibility pursuant to this division. The Forestry Commission and the Firefighters’ Personnel Standards and Education Commission shall submit to the judge of probate, license commissioner, or other license issuing official of each county by December 1 of each year the lists of members of fire departments.
(c) An applicant for a distinctive plate shall present to the issuing official proof of his or her identification, and the firefighter shall be issued the requested number of distinctive license plates or tags upon the payment of the regular license fee for tags, as provided by law, but shall not be required to pay the three dollar ($3) fee. The distinctive license plates or tags so issued shall be used only upon and for personally-owned, private, passenger vehicles, to include station wagons and pick-up trucks, registered in the name of the firefighter making application therefor, and when so issued to the applicant shall be used upon the vehicle for which issued in lieu of the standard license plates or license tags normally issued for such vehicle.
(d) Any person who joins a volunteer, paid, or part-paid fire department after December 1 of any year or any person who is mistakenly omitted from the lists prepared as described above may obtain a distinctive plate by presenting to the license issuing official proof of his or her membership in a fire department by means of a certificate signed by the chief of the department on a form prescribed by the Alabama Forestry Commission.
(e) Anyone who is proven to have either falsely obtained or certified an individual to obtain a distinctive firefighter license plate shall be guilty of a Class C misdemeanor, and upon conviction, shall be punished according to law.
(f) A distinctive license plate shall be provided, upon written request, to a widow or widower of either of a paid, part-paid, or a volunteer firefighter who dies in the line of duty. For purposes of this subsection, a death in the line of duty is determined by a circumstance in which a municipal firefighter’s death would result in a death benefit under Section 11-43-144.
(Acts 1982, No. 82-550, p. 909, §3; Acts 1986, No. 86-456, p. 833; Acts 1989, No. 89-944, p. 1857, §1; Acts 1991, No. 91-579, p. 1066, §2; Act 2006-422, p. 1048, §1; Act 2010-582, p. 1301, §1; Act 2013-398, p. 1516, §1.)
The distinctive license plates issued hereunder shall not be transferable as between motor vehicle owners and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange or otherwise dispose of same such plates shall be retained by the owner to whom issued and by him or her returned to the judge of probate or license commissioner of the county who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange or otherwise a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to the vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year the judge of probate or license commissioner shall, upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him or her upon such vehicle and use same thereon for the remainder of the then current license period. Such notice of transfer of ownership shall be made of record by the judge of probate or the license commissioner.
Provided further, that any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license period.
(Acts 1982, No. 82-550, p. 909, §4.)
Such distinctive plates or tags shall be prepared and furnished for the licensing year commencing January 1, 1984, and thereafter as is provided by law for the issuance of other license plates.
(Acts 1982, No. 82-550, p. 909, §5.)
AMENDED BY ACT 2026-243, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) As used in this section, the following terms shall have the following meanings:
(1) Professional firefighter means a paid member of a paid or part-paid fire department of a city, town, county, or other subdivision of the state, including the chief, assistant chief, warden, engineer, captain, firemen, and all other officers and employees of the department who actually engage in fire fighting or rendering first aid at the scene of an accident.
(2) Retired professional firefighter means a retired member of a paid or part-paid fire department of a city, town, county, or other subdivision of the state, including the chief, assistant chief, warden, engineer, captain, firemen, and all other officers and employees of the department who actually engaged in fire fighting or rendering first aid at the scene of an accident. Notwithstanding any other provision of this division, retired professional firefighter includes a retired professional firefighter who is a resident of this state and who has retired from a professional fire department in another state and otherwise meets the requirements of this section.
(b)(1) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, a retired professional firefighter, upon application and subject to the provisions of this section, may be issued a distinctive motor vehicle license plate as identification as a retired professional firefighter, and a professional firefighter, upon application and subject to this section, may be issued a distinctive motor vehicle license plate as identification as a professional firefighter.
(2) In addition to the proper numbers, words, and insignias used on the standard license plate issued for motor vehicles, the distinctive plates so issued for a retired professional firefighter shall have a design created by the state association of professional firefighters in coordination with the Mobile Retired Firefighters and Paramedics Association and the Tuscaloosa Retired Firefighters Association, and the distinctive license plate so issued for a professional firefighter shall have a design created by the state association of professional firefighters.
(c)(1) The distinctive license plates provided herein shall be approved by the Commissioner of Revenue and shall be issued through the judge of probate, license commissioner, or other license issuing official of the several counties of the state in the same manner as are other motor vehicle license plates and the officers shall be entitled to their regular fees for the service.
(2) By December 1 of each year, the Firefighters’ Personnel Standards and Education Commission shall submit to the judge of probate, the license commissioner, or other license issuing official of each county a list of eligible retired professional firefighters retired from paid or part-paid fire departments under this section. The Firefighters’ Personnel Standards and Education Commission shall also add to the list any retired professional firefighter retired from a paid or part-paid fire department in another state who submits proof to the commission of eligibility pursuant to this division. The Firefighters’ Personnel Standards and Education Commission shall also submit to the judge of probate, the license commissioner, or other license issuing official of each county a list of eligible professional firefighters from paid or part-paid fire departments.
(3) Any person who joins a paid or part-paid fire department after December 1 of any year or any person who is omitted from the list prepared as described in subdivision (2) may obtain a distinctive license plate by presenting to the license issuing official proof of his or her membership in a paid or part-paid fire department by means of a certificate signed by the chief of the department on a form prescribed by the Firefighters’ Personnel Standards and Education Commission.
(4) Upon the initial application for a retired professional firefighter distinctive license plate under this section, an applicant for a distinctive plate provided in this section shall present to the judge of probate, the license commissioner, or other license issuing official of the county, proof of his or her retirement from a fire department that is included on the list provided by the Firefighters’ Personnel Standards and Education Commission. Proof of the person’s retirement from a fire department included on the list from the Firefighters’ Personnel Standards and Education Commission is not required for renewal of the distinctive plate.
(5) Upon the applicant submitting proof of his or her identification, the professional firefighter shall be issued the requested number of distinctive license plates upon the payment of the regular fee for license plates, as provided by law, but shall not be required to pay the three dollar ($3) fee.
(6) Upon the applicant submitting proof of his or her identification, the retired professional firefighter shall be issued the requested number of distinctive license plates upon the payment of the regular license fee for plates, as provided by law, but shall not be required to pay the three dollar ($3) fee.
(7) The distinctive license plates so issued shall be used only upon and for personally owned, private passenger vehicles, to include station wagons and pick-up trucks, registered in the name of the retired professional firefighter or professional firefighter making application therefor, and when so issued to the applicant shall be used upon the vehicle for which issued in lieu of the standard license plates normally issued for the vehicle.
(8)a. In addition to any other fees provided for by law, an annual additional fee of one dollar ($1.00) is added to the cost of the retired professional firefighter and the professional firefighter distinctive license plates provided for in this division, effective January 1, 2022. The annual additional fee collected pursuant to this section shall be distributed by each licensing official to the state Comptroller. The state Comptroller shall distribute the net proceeds monthly as follows:
Fifty cents ($.50) shall be deposited into a fund managed by the Alabama Joint Fire Council and shall be used for the purpose of expanding and maintaining the Alabama Firefighter Memorial located in Tuscaloosa.
Fifty cents ($.50) shall be distributed to the Alabama Joint Fire Council to be used for expenses associated with the Firefighter Peer Support Program.
b. The funds generated by this fee shall be subject to audit from either the Department of Examiners of Public Accounts or an independent certified public accountant once every three calendar years effective January 1, 2022.
(9) Anyone who is proven to have either falsely obtained or certified an individual to obtain a distinctive retired professional firefighter license plate or a distinctive professional firefighter license plate shall be guilty of a Class C misdemeanor, and upon conviction, shall be punished according to law.
(d) Retired professional firefighters distinctive license plates as provided by this section shall be prepared and furnished for the licensing year commencing January 1, 2012, and thereafter as is provided by law for the issuance of other license plates. Professional firefighters distinctive license plates as provided by this section shall be prepared and furnished for the licensing year commencing January 1, 2016, and thereafter as is provided by law for the issuance of other license plates.
(e) The Department of Revenue may adopt any rules necessary to administer this section.
(Act 2010-710, p. 1732, §§1-4; Act 2015-362, p. 1109, §1; Act 2021-432, §1.)
(a) As used in this section, “emergency medical services provider” or “EMSP” means a paramedic, emergency medical technician - intermediate, advanced emergency medical technician, or emergency medical technician who is currently licensed with the Alabama Department of Public Health, Office of Emergency Medical Services.
(b)(1) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, an EMSP, upon application and subject to this section, may be issued a distinctive motor vehicle license plate as identification as an EMSP.
(2) In addition to the proper numbers, words, and insignias used on the standard license plate issued for motor vehicles, the distinctive plate issued for an EMSP shall have a design created by the Alabama Department of Public Health, Office of Emergency Medical Services.
(c)(1) The distinctive license plate provided in this section shall be approved by the Commissioner of Revenue and shall be issued through the judge of probate, license commissioner, or other license issuing official of the several counties of the state in the same manner as are other motor vehicle license plates or tags and the officers shall be entitled to their regular fees for the service.
(2) Proof of licensure as an EMSP shall be verified using the public license search on the Alabama Department of Public Health, Office of Emergency Medical Services website. Only an active, unexpired EMSP, as verified, may obtain a distinctive EMSP plate.
(3) The distinctive license plate issued under this section shall be used only upon and for personally owned, private, passenger vehicles, to include station wagons and pick-up trucks, registered in the name of the EMSP making application for the license plate, and when issued to the applicant shall be used upon the vehicle for which issued in lieu of the standard license plate normally issued for the vehicle.
(d) Anyone who is proven to have falsely obtained or certified an individual to obtain a distinctive EMSP license plate shall be guilty of a Class C misdemeanor, and upon conviction, shall be punished according to law.
(e) The distinctive plate as provided by this section shall be prepared and furnished for the licensing year commencing January 1, 2020, and thereafter, as is provided by law and shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(f) The additional revenues derived from the sale of the distinctive motor vehicle license plates shall be distributed by the state Comptroller as follows: 50 percent to the Alabama Association of Ambulance Services and 50 percent to the Alabama Emergency Medical Services Association.
(g) The Department of Revenue may adopt any rules necessary to administer this section.
(Act 2019-418, §1; 2023-230, §1.)
The words “retired military” as used in this division, unless the context clearly requires a different meaning, means only those persons who are nondisability retirees from active duty in the Army, or the Navy, or the Marine Corps, or the Air Force, or the Coast Guard of the United States.
(Acts 1987, No. 87-729, p. 1421, §1.)
Retired military persons retired under honorable conditions, national guard retirees, and retired military reservists may, upon application and subject to this division, be issued distinctive motor vehicle license plates or tags identifying these persons with retirement. The special license plate shall, in lieu of the number now prescribed by law, be inscribed with the words “United States Armed Forces Retired,” and shall designate the branch of service of the retiree as provided for by Section 32-6-290, shall be inscribed with an identifying number prescribed by the Department of Revenue, and shall have imprinted on it other letters and figures as provided for by other applicable sections of this article.
(Acts 1987, No. 87-729, p. 1421, §2; Acts 1989, No. 89-858, p. 1711, §1; Act 2000-754, p. 1709, §1.)
The distinctive license plates provided for by this division shall be prepared by the Commissioner of Revenue and shall be issued through the probate judge or license commissioner of the several counties of the state in like manner as are other motor vehicle license plates or tags, and, except as herein provided, such officers shall be entitled to their regular fees for such service. Applicants for such distinctive plates shall present to the issuing official proof of their military retirement by proof satisfactory to the commissioner. When the applicant presents proof satisfactory to the commissioner, the retired military person or retired reservist or his or her spouse shall be issued the requested number of distinctive license plates or tags upon the payment of the regular license fee for tags, as provided by law, and the additional payment of a fee of three dollars ($3) for each plate issued. The applicant shall pay the additional three dollars ($3) fee for each additional license plate issued in the future, however in those years in which only a decal is issued the applicant shall pay the regular license fees for tags, as provided by law. The distinctive license plates or tags so issued shall be used only upon and for personally-owned, private passenger vehicles (to include station wagons and pick-up trucks) registered in the name of the retired military person or retired reservist or his or her spouse making application therefor, and when so issued to such applicant shall be used upon the vehicle for which issued in lieu of the standard license plates or license tags normally issued for the vehicle. Upon the death of any retired military license plate recipient, the surviving spouse shall be entitled to retain the distinctive plate, upon the continued payment of the regular taxes and fees required by law, for one private motor vehicle owned by the surviving spouse for the remainder of the lifetime of the surviving spouse or until the remarriage of the spouse.
(Acts 1987, No. 87-729, p. 1421, §3; Act 2009-743, p. 2228, §1.)
The distinctive license plates issued pursuant to this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange, or otherwise dispose of same, such plates shall be retained by the owner to whom issued and by him or her returned to the probate judge or license commissioner of the county, who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license period, the probate judge or license commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to the vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the probate judge or license commissioner shall, upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him or her upon such vehicle and use same thereon for the remainder of the then current license period. Such notice of transfer of ownership shall be made of record by the probate judge or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the probate judge or license commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license period.
(Acts 1987, No. 87-729, p. 1421, §4.)
Such distinctive plates or tags shall be prepared and furnished for the licensing year commencing October 1, in the year following its passage, and thereafter as is provided by law for the issuance of other license plates.
(Acts 1987, No. 87-729, p. 1421, §5.)
The provisions of this division shall be construed to be cumulative to any laws or parts of laws relating to motor vehicle license plates or distinctive license plates.
(Acts 1987, No. 87-729, p. 1421, §7.)
AMENDED BY ACT 2026-526, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
(a) Owners of all motor vehicles who are residents of Alabama, upon application to the judge of probate or commissioner of licenses, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles and payment of the regular license fee for plates as provided by law for the motor vehicle, and the payment of an additional annual fee of twenty dollars ($20), shall be issued license plates which shall bear the words “Helping Schools.”
(b) The plates shall be issued, printed, and processed in the same manner as other personalized plates are in this chapter. The plates shall be valid for five years and shall be replaced at the end of the period with either conventional plates or other personalized plates, or with new “Helping Schools” plates. Payment of the required motor vehicle license fees and taxes for the years during which a new vehicle license plate is not issued shall be evidenced as provided for in Section 32-6-63. The State Department of Revenue shall design, or have designed, the “Helping Schools” plates in compliance with all laws and regulations.
(Acts 1990, No. 90-668, p. 1288, §1; Acts 1996, No. 96-659, p. 1057, §1; Act 2015-362, §1.)
The net proceeds of the twenty dollars ($20) additional revenues derived from sales of “Helping Schools” plates as provided for in this division, less administrative costs including the cost of production incurred by the Department of Revenue in producing the plates, shall be distributed by the judge of probate or license commissioner to, as nearly as practicable, the school district designated by the purchaser or if the purchaser does not make a designation to the school district in which the funds were generated to be used for the purchase of classroom supplies and equipment in grades K through 12 of the public schools of the school district.
(Acts 1990, No. 90-668, p. 1288, §2; Acts 1996, No. 96-659, p. 1057, §1; Act 2015-362, §1.)
(a) Owners of motor vehicles or their spouses who are residents of Alabama and who are receiving monthly retirement checks from an education retirement pension program from any state, shall be eligible to apply for and receive “Retired Educator” numbered or personalized distinctive license tags as provided in this division. Owners of motor vehicles or their spouses who are residents of Alabama and who are currently employed by a public or private education school system, college, university, institution, or who are active and contributing members of an education retirement pension program, whether in-state or out-of-state program, shall be eligible to apply for and receive “Educator” numbered or personalized distinctive license tags as provided in this division.
An applicant to receive a “Retired Educator” or “Educator” numbered or personalized distinctive license tag for private passenger or motor vehicles shall meet the following criteria:
(1) Apply to the appropriate judge of probate or commissioner of licenses as the case may be.
(2) Comply with the state motor vehicle laws, relating to registration and licensing of motor vehicles.
(3) Pay the regular license fee for license tags as provided by law for private passenger or pleasure motor vehicles.
(4) Pay an additional annual fee of twenty-five dollars ($25) for the “Retired Educator” tag and fifty dollars ($50) for the “Educator” tag.
(5) Present documentation or certification to the appropriate judge of probate or commissioner of licenses, as the case may be, that the applicant is either receiving a monthly allotment as a retired education employee; or, in the case of “Educator” tags, is currently employed in public or private education as provided in this section. Once a retired educator presents proof that he or she is retired, the proof shall be valid from year to year and the retired educator is not required to resubmit proof of retirement as long as the retired educator does not move to another county. If the retired educator moves to another county, proof of retirement shall be presented upon initial registration in the new county and shall be valid from year to year in the same manner as provided above.
(b) Upon meeting all of the criteria, the applicant shall be issued a personalized motor vehicle license tag upon which, in lieu of the numbers prescribed by law, shall be inscribed special letters, figures, numbers, or other marks, emblems, symbols, or badges of distinction or personal prestige, or combination thereof, as are approved for and assigned to the application by the State Department of Revenue.
(c) The distinctive tags provided for in this division shall be issued, printed, and processed in the same manner as other distinctive tags in Section 32-6-150. The distinctive tags shall be valid for five years and may be replaced at the end of the period with conventional tags, other distinctive tags, or “Educator” or “Retired Educator” tags. Payment of the required motor vehicle license fees and taxes for the years during which a new vehicle license tag is not issued shall be evidenced as provided for in Section 32-6-63.
(d) The Commissioner of Revenue shall approve the distinctive design of the tags provided in this division, and the approval shall be subject to submission of the design by the Education Tag Advisory Committee, which committee shall be strictly voluntary and the members shall serve without pay or remuneration. The Education Tag Advisory Committee shall consist of three members who shall be appointed by the Alabama Education Association. The design of the distinctive tag shall be subject to approval of the Revenue Commissioner and shall comply with all applicable laws and regulations pertaining to car tags and licenses, except that Section 32-6-54 shall not apply to this division.
(e) The proceeds of the additional revenues derived from sales of the tags pursuant to this division, less the two and one-half percent commission provided for in subdivision (1) of subsection (a) of Section 40-12-269, shall be remitted to the state Comptroller. After payment to the Department of Corrections for its costs relating to the manufacture and administration of the tags, the balance shall be transferred by the state Comptroller to the Penny Trust Fund, established by Amendment 512 of the Constitution of Alabama of 1901, now appearing as Section 219.06 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, in the State Treasury.
(f) Fees paid pursuant to this division represent a charitable contribution from the purchaser to the Penny Trust Fund.
(Acts 1994, No. 94-708, p. 1374, §1; Act 99-697, 2nd Sp. Sess., p. 205, §1; Act 2006-624, p. 1706, §1.)
Any person who was a member of the United States Armed Forces on December 7, 1941, was on station or offshore at a distance not to exceed three miles, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time, during the attack on the island of Oahu, territory of Hawaii, and received an honorable discharge from the United States Armed Forces may, upon application and subject to the provisions of this division, be issued distinctive motor vehicle license plates or tags identifying the persons as Pearl Harbor Survivors.
(Acts 1990, No. 90-769, p. 1571, §1.)
The license plates shall be of a design to be prescribed by the Commissioner of Revenue, provided the plates shall bear the words “Pearl Harbor Survivor” and prominently display the seal of the Pearl Harbor Survivors Association. The distinctive license plates shall be prepared by the Commissioner of Revenue and shall be issued through the probate judge or license commissioner of the several counties of the state in like manner as are other motor vehicle license plates or tags, and such officers shall be entitled to their regular fees for such service. Applicants for such distinctive plates shall present to the issuing official such proof as required by the Commissioner of Revenue that the qualification requirements of this division are met. When such applicant presents proof satisfactory to the commissioner, the applicant shall be issued the requested number of distinctive license plates or tags upon the payment of the regular license fee for tags, as provided by law, and the additional payment of a fee of $3.00 for each plate issued. The applicant shall pay the additional $3.00 fee for each license plate issued in the future, however in those years in which a decal is issued the applicant shall pay the regular license fees for tags, as provided by law. The distinctive license plates or tags so issued shall be used only upon and for personally-owned, private passenger vehicles (to include station wagons and pick-up trucks) registered in the name of the person making application therefor, and when so issued to such applicant shall be used upon the vehicle for which issued in lieu of the standard license plates or license tags normally issued for such vehicle.
(Acts 1990, No. 90-769, p. 1571, §2.)
The distinctive license plates issued pursuant to this division shall not be transferable as between motor vehicle owners, and in the event the owner of a vehicle bearing such distinctive plates shall sell, trade, exchange, or otherwise dispose of same, such plates shall be retained by the owner to whom issued and by him or her returned to the probate judge or license commissioner of the county, who shall receive and account for same in the manner stated below. In the event such owner shall acquire by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license period, the probate judge or license commissioner of the county shall, upon being furnished by the owner thereof proper certification of the acquisition of such vehicle and the payment of the motor vehicle license tax due upon such vehicle, authorize the transfer to the vehicle of the distinctive license plates previously purchased by such owner, which plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the further event the owner of such distinctive plates shall acquire by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the probate judge or license commissioner shall, upon proper certification of such owner and upon delivery to such official of the standard plates previously issued for such vehicle, authorize the owner of such newly-acquired vehicle to place the distinctive plates previously purchased by him or her upon such vehicle and use same thereon for the remainder of the then current license period. Such notice of transfer of ownership shall be made of record by the probate judge or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing such distinctive plates shall be authorized, upon certification of such fact to the probate judge or license commissioner of the county and the payment of the fee now required by law, to purchase standard replacement plates for such vehicle which shall authorize the operation of such vehicle by the new owner for the remainder of the license period.
(Acts 1990, No. 90-769, p. 1571, §3.)
Such distinctive plates or tags shall be prepared and furnished for the licensing year commencing October 1, 1989, and thereafter as is provided by law for the issuance of other license plates.
(Acts 1990, No. 90-769, p. 1571, §4.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional fee of $5, owners of motor vehicles who are residents of Alabama shall be issued license tags and plates bearing the words “Square and Round Dance” across the top portion of the tags and plates, upon which, in lieu of the numbers as prescribed by law, shall be inscribed distinction words or marks designed by the Department of Revenue. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Square and Round Dance” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The Department of Revenue shall design, or have designed, the “Square and Round Dance” tags or plates. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in Chapter 6 of Title 32.
(Acts 1993, No. 93-635, p. 1089, §1.)
The net proceeds of the additional revenues generated by the $5 fee for the “Square and Round Dance” tags or plates, shall be disbursed according to Sections 40-12-269 and 40-12-270.
(Acts 1993, No. 93-635, p. 1089, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license tags or plates acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license tags or plates previously purchased for the vehicle and use the tags or plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1993, No. 93-635, p. 1089, §3.)
(a) It is the intent of the Legislature to establish an Alabama Veteran Tag Program to recognize certain veterans.
(b) The owner of a motor vehicle who is a resident of this state and who is an eligible veteran pursuant to subsection (c) may be issued a distinctive license tag pursuant to this division. The veteran shall make application to the judge of probate or commissioner of licenses, comply with state motor vehicle laws relating to registration and licensing of motor vehicles, pay the regular license fee for a tag as provided by law for a private passenger or pleasure motor vehicle, and pay an additional fee of three dollars ($3) for the initial issuance of the tag except a Vietnam veteran’s tag. In the case of a Vietnam veteran’s tag, the additional fee for the initial issuance of the tag shall be six dollars ($6), three dollars ($3) of which shall be distributed to the Vietnam Veterans of America, Inc., Alabama State Council, to be used to assist Vietnam veterans. For each renewal year, an additional fee of three dollars ($3) shall be paid for the Vietnam veterans tag. The additional fee of three dollars ($3) shall be distributed to the Vietnam Veterans of America, Inc., Alabama State Council, to be used to assist Vietnam veterans.
(c) The distinctive license tags in the Alabama Veteran Tag Program shall include veterans of the United States Armed Forces exposed to dangerous levels of radiation due to the atomic bomb and weapon testing from 1944 to 1962, Vietnam veterans, Korean War veterans, World War II veterans, veterans of the Battle of the Bulge, veterans of Desert Shield/Desert Storm, veterans of Operation Iraqi Freedom, veterans of Operation Enduring Freedom-Afghanistan, veterans of the Cold War serving at any time between September 2, 1945, and December 26, 1991, and veterans of Operation Inherent Resolve. The distinctive tags shall be issued, printed, and processed in the same manner as other distinctive tags as provided in this chapter. The payment of the required motor vehicle license fees and taxes when required by this section for a year during which a new vehicle license plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The Vietnam Veterans of America, Alabama State Council for the Vietnam veterans distinctive tag, and the Department of Veterans’ Affairs for the other distinctive veteran tags shall each respectively design or have designed the distinctive veteran tags, subject to approval by the Commissioner of Revenue and compliance with all laws and rules. An applicant for a Vietnam veteran tag shall be a Vietnam era veteran, and the local veteran’s affairs officer in the county in which application is made for the distinctive tag shall certify all Vietnam veterans eligible for a Vietnam veteran distinctive tag. An applicant for other veteran distinctive tags shall be a veteran of the appropriate conflict or otherwise qualify for a veteran tag as authorized by this section, and shall be certified as eligible by the Department of Veterans Affairs.
(e) The distinctive license tags shall not be transferable between motor vehicle owners and shall be subject to the same provisions of law related to the transferring of distinctive motor vehicle tags provided in Section 32-6-154 or as otherwise provided by law or rule of the Department of Revenue.
(Acts 1993, 1st Ex. Sess., No. 93-880, p. 144, §1; Acts 1995, No. 95-528, p. 1072, §1; Act 2006-387, p. 987, §1; Act 2009-623, p. 1886, §1; Act 2009-639, p. 1959, §1; Act 2021-430, §1; Act 2023-516, §1.)
(a) Upon payment of an annual fee of fifty dollars ($50), which shall not be prorated, any Vietnam veteran, Pearl Harbor survivor veteran, World War II veteran, Korean War veteran, Battle of the Bulge veteran, Desert Shield/Desert Storm veteran, veteran of the Armed Forces exposed to dangerous levels of radiation due to the atomic bomb and weapons testing from 1944 to 1962, Operation Iraqi Freedom veteran, Operation Enduring Freedom-Afghanistan veteran, veteran of the Cold War serving at any time between September 2, 1945, and December 26, 1991, or veteran of Operation Inherent Resolve eligible to be issued distinctive license tags pursuant to law, shall be issued personalized license tags upon which, in lieu of the numbers and symbols on the distinctive veteran license tags or plates, shall be inscribed with special letters, figures, numbers, or other marks, emblems, symbols, or badges of distinction or personal prestige, or a combination of these, as are approved for and assigned to the application by the Department of Revenue.
(b) The personalized license tags provided for in this section shall be issued, printed, processed, and renewed in the same manner as other personalized tags in Section 32-6-150.
(c) Fees collected pursuant to this section shall be transmitted timely to the state Comptroller. After payment to the Department of Corrections for its costs for manufacturing and the administration of the personalized veteran license plates provided for by subsection (a), with the exception of fees collected for Vietnam veteran personalized plates, the entire balance of fees shall be transferred by the state Comptroller into the Alabama Veteran’s Assistance Fund in the State Treasury. For each Vietnam veteran personalized plate, after payment to the Department of Corrections for its costs for manufacturing and the administration of the personalized Vietnam veteran license plates, twenty dollars ($20) for each plate sold shall be distributed to the Vietnam Veterans of America, Inc., Alabama State Council, to be used to assist Vietnam veterans, and the remaining balance shall be transferred by the state Comptroller into the Alabama Veteran’s Assistance Fund in the State Treasury.
(d) Fees paid pursuant to this section are a charitable contribution from the purchaser to the Alabama Veteran’s Assistance Fund.
(e) This section shall not affect the purchase of any veteran’s tag that is not personalized.
(f) License tags issued pursuant to this section shall be subject to the legislative oversight committee pursuant to Section 32-6-67.
(Act 2006-388, p. 988, §1; Act 2009-623, p. 1886, §1; Act 2021-430, §1; Act 2023-516, §1.)
Effective January 1, 1994, a resident of this state who is an active member of the United States Armed Forces Reserve may obtain a distinctive motor vehicle license tag or tags signifying service in the Armed Forces Reserve upon presenting to the judge of probate or commissioner of licenses an active reserve identification card. The distinctive motor vehicle license tags authorized by this division shall be issued in the same manner, under the same conditions, and for the same fees due, if any, as distinctive motor vehicle tags are issued to active members of the National Guard.
(Acts 1993, 1st Ex. Sess., No. 93-880, p. 144, §2.)
The Department of Revenue may promulgate any rules necessary to carry out this division.
(Acts 1993, 1st Ex. Sess., No. 93-880, p. 144, §3.)
(a) Notwithstanding any other provisions of law to the contrary, a distinctive license plate category shall be established for motor vehicle owners who have served or are currently serving in an active status either on active duty or within a reserve component of the United States Armed Forces, including the Alabama National Guard and civilian employees of the United States government who are on military orders, in current or future conflicts in support of the global war on terrorism occurring on or after September 11, 2001. The distinctive tags shall be issued, printed, and processed in the same manner as other distinctive tags provided in this chapter. The eligible U.S. service member or civilian employee of the United States government shall make application to the judge of probate or other county license plate issuing official in the county of residence and shall present to the county license plate issuing official one of the following documents as proof of eligibility:
(1) A DD Form 214 stating that the service member was on active duty in support of the global war on terrorism or any future conflicts.
(2) A copy of military travel orders activating the service member or a copy of the military orders directed to a civilian employee of the United States government to serve in support of the global war on terrorism or any future conflicts.
(3) A letter from the unit commander certifying that the service member was on active duty during the time period covered by the global war on terrorism or any future conflicts.
(4) A copy of the certificate which accompanied the service medal or ribbon signifying the participation of the service member in the global war on terrorism or any future conflicts.
(b) When the service member or civilian employee of the United States government presents proof satisfactory to the county license plate issuing official, the service member or civilian employee of the United States government shall be issued the requested number of distinctive license plates upon payment of the regular license fee for plates, as provided by law, and payment of the additional fee of three dollars ($3) for each plate issued. The service member or civilian employee of the United States government shall pay the additional fee for each license plate issued in the future. In those years in which a decal is issued, the service member or civilian employee of the United States government shall pay the regular license fee for tags as provided by law. The distinctive license plates shall be used only upon and for personally owned, private passenger vehicles, to include station wagons and pickup trucks, registered in the name of the service member or civilian employee of the United States government making application therefor, and when issued to the applicant shall be used upon the vehicle for which issued in lieu of the standard license plates normally issued for the vehicle. The distinctive license plate authorized by this section shall be generic in design to represent all branches of U.S. military service and shall provide a space where a decal may be placed to indicate the particular military conflict in which the service member or civilian employee of the United States government participated or is currently participating.
(Act 2004-547, p. 1175, §1.)
(a) An active member of the Fraternal Order of Police who is the owner of a motor vehicle or a motorcycle and a resident of the state may be issued a license tag or plate bearing the words “Fraternal Order of Police” across the top portion of the tag or plate upon which, in lieu of the numbers prescribed by law, shall be inscribed distinctive words or marks provided by the Department of Revenue. The active member of the Fraternal Order of Police shall make application to the judge of probate or license commissioner, comply with the motor vehicle registration and licensing laws, pay the regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles or motorcycles, and pay an additional fee of thirty dollars ($30).
(b) The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided for in this chapter. The tags or plates shall be valid for five years and may be replaced with either a conventional, personalized, or new Fraternal Order of Police tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) Notwithstanding Section 32-6-68, the annual additional fee for Fraternal Order of Police distinctive motorcycle license plates shall be thirty dollars ($30). The annual additional fee shall be distributed in accordance with Section 32-6-361.
(Acts 1994, No. 94-614, p. 1132, §1; Acts 1997, No 97-596, p. 1050, §1; Act 2001-633, p. 1222, §1; Act 2009-644, p. 1983, §1.)
The proceeds of the additional revenues generated by the fee for the Fraternal Order of Police tags and plates shall be distributed as follows:
(1) Ten dollars ($10) shall be deposited in the State General Fund.
(2) The remainder shall be distributed monthly by the Department of Revenue or other appropriate official to the Alabama State Lodge Fraternal Order of Police, Inc.
(Acts 1994, No. 94-614, p. 1132, §2; Act 2001-633, p. 1222, §1; Act 2009-644, p. 1983, §1.)
As a first charge against revenues collected under this division, to offset its initial costs in administering these collections, there is appropriated to the Department of Revenue for the fiscal year ending September 30, 1994, the sum of three thousand dollars ($3,000). The Legislature shall appropriate to the department for each fiscal year the amount of money necessary to offset any expenses the department incurs in administering and enforcing this division.
(Acts 1994, No. 94-614, p. 1132, §3.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates or tags previously purchased by the owner to the vehicle, which plates or tags shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license plates or tags acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license plates or tags previously purchased upon the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be made of record by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1994, No. 94-614, p. 1132, §4.)
Upon termination of membership with the Fraternal Order of Police, an applicant to whom a Fraternal Order of Police license plate was issued under this section shall, within 30 days, return the plate to the judge of probate or the license commissioner of the county of the applicant’s residence.
(Acts 1994, No. 94-614, p. 1132, §5.)
If the Fraternal Order of Police license plate deteriorates to the point where inscriptions thereon are not discernible, the owner or lessee may obtain a replacement plate according to Section 40-12-265.
(Acts 1994, No. 94-614, p. 1132, §6.)
The words letter carrier as used in this division, unless the context clearly requires a different meaning, means only those persons who are employed by the United States Postal Service and who are employed as letter carriers or who are retired from the United States Postal Service as letter carriers.
(Acts 1995, No. 95-400, p. 833, §1.)
Letter carriers, who are residents of Alabama, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and the payment of an additional fee of $3.00 to be used for production and administration costs, shall be issued license tags and plates bearing the logo of the National Association of Letter Carriers between the county identification number and the actual license number. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Letter Carrier” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The Department of Revenue shall design, or have designed, the “Letter Carrier” tags or plates. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1995, No. 95-400, p. 833, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license tags or plates acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1995, No. 95-400, p. 833, §3.)
The distinctive plates or tags shall be prepared and furnished for the licensing year commencing October 1, in the year following the passage of this division, and thereafter as is provided by law for the issuance of other license plates.
(Acts 1995, No. 95-400, p. 833, §4.)
(a) A member of the Lions Club International who is the owner of a motor vehicle and a resident of the state may be issued a distinctive license tag or plate which shall be produced and designed by the Alabama Department of Revenue. The member shall make application to the judge of probate or license commissioner, comply with the motor vehicle registration and licensing laws, pay the regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and pay an additional fee of twenty-five dollars ($25).
(b) The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided for in this chapter. The tags or plates shall be valid for five years and may be replaced with either a conventional, personalized, or new “Lions Club” tag or plate at the additional fee of twenty-five dollars ($25). Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(Acts 1995, No. 95-532, p. 1077, §1.)
The net proceeds of the additional revenues derived from sales of tags pursuant to this division, less administrative costs, including the cost of production of the tags, shall be distributed by the judge of probate or license commissioner to the Alabama Lions Sight Conservation Association, Incorporated, to be administered by its board.
(Acts 1995, No. 95-532, p. 1077, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plate sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plate shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates or tags previously purchased by the owner to the vehicle, which plates or tags shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license plates or tags acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license plates or tags previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be made of record by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase a standard replacement plate for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1995, No. 95-532, p. 1077, §3.)
Upon termination of membership with the Lions Club International, an applicant to whom a distinctive license plate was issued under this division shall, within 30 days, return the plate to the judge of probate or the license commissioner of the county of the applicant’s residence.
(Acts 1995, No. 95-532, p. 1077, §4.)
If a distinctive license plate deteriorates to the point where inscriptions thereon are not discernible, the owner or lessee may obtain a replacement plate upon payment of the $3 fee for the cost of manufacturing the plate.
(Acts 1995, No. 95-532, p. 1077, §5.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional fee of twenty-five dollars ($25), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Olympic Spirit” license tags and plates. These tags or plates shall be valid for five years, and then shall be replaced with either conventional or personalized tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The distinctive “Olympic Spirit” license tags or plates shall bear the official United States Olympic Committee logo and the words “Olympic Spirit” on the plates and shall be produced and designed by the United States Olympic Committee and the Alabama Sports Foundation. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1995, No. 95-552, p. 1154, §1.)
The production costs shall be paid monthly to the Department of Corrections by the Alabama Sports Foundation, and the foundation shall be provided with a monthly report detailing revenue by county from the Alabama state Comptroller. Proceeds from the additional revenues generated by the twenty-five dollars ($25) for the “Olympic Spirit” tags or plates, less administrative costs, shall be submitted monthly by the Alabama state Comptroller, to the Alabama Sports Foundation which shall remit one-half of the net proceeds to the United States Olympic Committee for the general operation of its amateur sports program.
(Acts 1995, No. 95-552, p. 1154, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license tags or plates acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1995, No. 95-552, p. 1154, §3.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Alabama Forests” license tags and plates. These tags or plates shall be valid for five years, and shall then be replaced with either conventional or personalized tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The distinctive “Alabama Forests” license tags or plates shall be produced and designed by the Alabama Department of Revenue with the advice and consent of the Alabama Forestry Commission. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1995, No. 95-553, p. 1156, §1.)
(a) There is hereby established a separate special revenue trust fund in the State Treasury to be known as the “Forest Stewardship Education Fund,” whose purpose is to promote the professional management of trees and related resources and to educate the general public regarding the contribution that trees and related resources make to the economy and environmental quality of this state.
(b) Proceeds from the additional revenues generated by the fifty dollars ($50) for the “Alabama Forests” tags or plates, less administrative costs, shall be submitted monthly by the Alabama state Comptroller to the Forest Stewardship Education Fund. Receipts collected under the provisions of this division are to be deposited in this fund and used only to carry out the provisions of this division. Such receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers approved by the State Forester; provided that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 through 41-4-96 and 41-19-1 through 41-19-12, and only in amounts as stipulated in the general appropriations bill or other appropriation bills. The additional fees represent a charitable contribution from the purchaser to the Alabama Forestry Commission. The funds may be used by the Alabama Forestry Commission or may be used through grants from the Alabama Forestry Commission to other organizations.
(Acts 1995, No. 95-553, p. 1156, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license tags or plates acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1995, No. 95-553, p. 1156, §3.)
(a) The Alabama Forest Stewardship Education Fund shall be administered by the Alabama Forest Stewardship Education Committee. The committee shall be appointed by the Alabama Forestry Commission and composed of the following members:
(1) One member of the Alabama Association of Consulting Foresters.
(2) One member of the Alabama Treasure Forest Landowners Association.
(3) One member of the Urban Forestry Association.
(4) One member of the Society of American Foresters.
(5) One member of the Alabama Farmer’s Federation.
(6) One member of the Alabama Forest Owners Association.
(7) The chair of the Board of Registration for Foresters, or his or her designee.
(8) The Dean of the Auburn University School of Forestry, or his or her designee.
(9) The Executive Director of the Alabama Forestry Association, or his or her designee.
(10) The State Forester, or his or her designee, who shall serve as chair of the committee.
(b) The first six members who are appointed to the committee shall initially serve two-year terms. At the expiration of the two-year terms, the members will serve staggered three-year terms as designated by the chair of the committee. Each of the members appointed from the association, society, or federation listed in subdivisions (1) through (6) of subsection (a) shall be appointed by the Alabama Forestry Commission from a list of three names submitted by the State Forester.
(Acts 1995, No. 95-553, p. 1156, §4.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Alabama Jaycee” license tags and plates. An officer of the Alabama Jaycees who is verified as an officer by the Alabama Jaycees headquarters may request that a distinctive license tag or plate be issued to him or her, which identifies the applicant as a Jaycee officer. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Alabama Jaycee” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The distinctive “Alabama Jaycee” license tags or plates shall be designed by the Department of Revenue with the advice of the Alabama Jaycees. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1995, No. 95-726, p. 1551, §1.)
Proceeds from the additional revenues generated by the fifty dollars ($50) minus the production and administrative costs for the “Alabama Jaycee” tags or plates shall be submitted monthly by the Department of Revenue or other appropriate official to the Alabama Jaycees Foundation which shall distribute the proceeds to various charities as directed by the Birmingham Jaycees with the approval of the Alabama Jaycees Executive Board.
(Acts 1995, No. 95-726, p. 1551, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the current license period. In the event the owner of the distinctive license tag or plate acquires by purchase, trade, exchange, or otherwise a vehicle for which a standard plate has been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plate previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1995, No. 95-726, p. 1551, §3.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued either of the following distinctive tags or plates: “Cahawba-First Capitol”; “National Voting Rights Museum and Institute”; or “21st Century Youth Leadership Project” as the case may be. These tags or plates shall be valid for five years and may then be replaced with either conventional, personalized, or new “Cahawba-First Capitol”; “National Voting Rights Museum and Institute”; or “21st Century Youth Leadership Project” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The distinctive “Cahawba-First Capitol”; “National Voting Rights Museum and Institute”; or “21st Century Youth Leadership Project” license tags or plates shall be designed by the Department of Revenue with the advice of the Cahawba Advisory Committee, the Board of Directors of the National Voting Rights Museum and Institute or the 21st Century Youth Leadership Project, respectively. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1996, No. 96-546, p. 784, §1.)
(a) The net proceeds of the additional revenues generated by the fifty dollar ($50) fee, less administrative costs, including the cost of production of the “Cahawba-First Capitol” tags or plates, shall be distributed by the judge of probate or license commissioner to the Alabama Department of Revenue who shall distribute the proceeds to the Cahawba Advisory Committee. The Cahawba Advisory Committee shall use these funds for continued efforts to develop and promote the Old Cahawba Capitol Site pursuant to Section 41-9-252.
(b) The net proceeds from the additional revenues generated by the fifty dollar ($50) fee, minus the production and administrative costs for the “National Voting Rights Museum and Institute” tags or plates, shall be submitted monthly by the Department of Revenue or other appropriate official to the National Voting Rights Museum and Institute. The National Voting Rights Museum and Institute shall use these funds for continued efforts to develop, operate, and promote the National Voting Rights Museum and Institute in Selma, Alabama.
(c) The net proceeds from the additional revenues generated by the fifty dollar ($50) fee, minus the production and administrative costs for the “21st Century Youth Leadership Project” tags or plates, shall be submitted monthly by the Department of Revenue or other appropriate official to the 21st Century Youth Leadership Project.
(Acts 1996, No. 96-546, p. 784, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the current license period. In the event the owner of the distinctive license tag or plate acquires by purchase, trade, exchange, or otherwise a vehicle for which a standard plate has been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plate previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-546, p. 784, §3.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued license tags or plates bearing the words, “Alabama Shakespeare Festival-The State Theatre,” which shall be inscribed across the top portion of the tags or plates. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Alabama Shakespeare Festival-The State Theatre” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The Alabama Shakespeare Festival shall design, or have designed, the “Alabama Shakespeare Festival” tags or plates which design shall be approved by the Revenue Department. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided for in this chapter.
(Acts 1996, No. 96-556, p. 821, §1.)
The net proceeds of the additional revenues derived from sales of the tags or plates produced pursuant to this division, less administrative costs, including the cost of production of the tags or plates, shall be distributed by the judge of probate or license commissioner to the Alabama state Comptroller’s office who shall distribute the proceeds to the Alabama Shakespeare Festival. The Alabama Shakespeare Festival shall use these funds to expand and enrich its educational programs.
(Acts 1996, No. 96-556, p. 821, §2.)
The distinctive license tags or plates issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive tags or plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom it was issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner for the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license tags or plates acquires by purchase, trade, exchange, or otherwise, a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon being furnished by the owner to the judge of probate or license commissioner of the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be made on record by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle formerly bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-556, p. 821, §3.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Children’s Trust Fund” license tags or plates. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Children’s Trust Fund” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63. The Child Abuse and Neglect Prevention Board shall design, or have designed, the “Children’s Trust Fund” tags or plates which design shall be approved by the Department of Revenue. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided in this chapter.
(Acts 1996, No. 96-564, p. 845, §1.)
The net proceeds of the additional revenues derived from sales of the tags or plates produced pursuant to this division, less administrative costs, including the cost of production of the tags or plates, shall be distributed by the judge of probate or license commissioner to the Alabama Department of Revenue which shall distribute the proceeds to the Child Abuse and Neglect Prevention Board Operation Fund.
(Acts 1996, No. 96-564, p. 845, §2.)
(a) The distinctive license tags or plates issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive tags or plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom it was issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner for the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license tags or plates acquires by purchase, trade, exchange, or otherwise, a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon being furnished by the owner to the judge of probate or license commissioner of the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be made on record by the judge of probate or the license commissioner.
(b) Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle formerly bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-564, p. 845, §3.)
It is the intent of the Legislature to establish an Alabama Ducks Unlimited Conservation initiative to assist the wetland programs of the Alabama Ducks Unlimited throughout the United States, Canada, and Mexico.
(Acts 1996, No. 96-565, p. 847, §1.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of forty dollars ($40), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Ducks Unlimited” license tags and plates. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Ducks Unlimited” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The distinctive “Ducks Unlimited” license tags or plates shall be designed by the Department of Revenue with the advice of the Alabama Ducks Unlimited, Incorporated. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1996, No. 96-565, p. 847, §2.)
Proceeds from the additional revenues generated by the forty dollars ($40) minus the production and administrative costs for the “Ducks Unlimited” tags or plates shall be submitted monthly by the Department of Revenue or other appropriate official to the Alabama Ducks Unlimited which shall be used to assist the wetland programs of Alabama Ducks Unlimited.
(Acts 1996, No. 96-565, p. 847, §3.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the current license period. In the event the owner of the distinctive license tag or plate acquires by purchase, trade, exchange, or otherwise, a vehicle for which a standard plate has been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plate previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-565, p. 847, §4.)
It is the intent of the Legislature to promote Arts in Alabama, especially arts education, including fine arts, dance, folk arts, drama, and music by providing for a distinctive license tag or plate to raise funds for art education in this state.
(Acts 1996, No. 96-567, p. 858, §1.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Support The Arts” license tags or plates. The license tags or plates shall bear the words “Support The Arts” and a graphic design. The State Department of Revenue shall approve the distinctive design of the tags and plates provided in this subsection, and the approval shall be subject to the submission of the graphic design by the Arts Education License Plate Advisory Committee.
(b) There is established the Arts Education License Plate Advisory Committee. The committee shall consist of six members who shall serve on a voluntary basis and without pay or remuneration. The members of the committee shall be appointed as follows:
(1) One by the Alabama State Council on the Arts.
(2) One by the Alabama Alliance for Arts Education.
(3) One by the Alabama State Department of Education, which shall be the person designated as the Arts in Education Specialist.
(4) One by the Governor.
(5) One by the Lieutenant Governor.
(6) One by the Speaker of the House of Representatives.
The members shall serve at the pleasure of the appointing authority. In case of vacancies the appointing authority of the vacant position shall appoint a replacement.
(c) The tags or plates shall be valid for five years and may then be replaced with either conventional, personalized, or new “Support The Arts” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1996, No. 96-567, p. 858, §2.)
Proceeds from the additional revenues generated by the fifty dollar ($50) fee, minus the production and administrative costs for the “Support The Arts” tags or plates, shall be submitted monthly by the Department of Revenue or other appropriate official into the Arts Development Fund, Arts Education License Plate Account. The funds in the account shall be appropriated continuously to the Alabama State Council on the Arts to be disbursed to the Alabama State Council on the Arts, the Alabama Alliance for Arts Education, and the Alabama State Department of Education for arts education, local arts education programming, and programs to support the arts throughout the state. The Arts Education License Plate Advisory Committee shall approve disbursement of funds through grants to applicants for the purposes of this division.
(Acts 1996, No. 96-567, p. 858, §3.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plate sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the current license period. In the event the owner of the distinctive license tag or plate acquires by purchase, trade, exchange, or otherwise a vehicle for which a standard plate has been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plate previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-567, p. 858, §4.)
(a) An active or inactive member of the Alabama State Defense Force who is the owner of a motor vehicle and a resident of the state may be issued a distinctive Alabama State Defense Force license tag or plate. The distinctive plates or tags shall be designed by the Department of Revenue with the advice of the Commander of the Alabama State Defense Force. Applicants for the distinctive plates shall present to the judge of probate or license commissioner proof of active or inactive membership in the Alabama State Defense Force on forms prescribed by the Commander of the Alabama State Defense Force. The members of the Alabama State Defense Force shall comply with the motor vehicle registration and licensing laws, pay the regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and pay an additional annual fee of fifty dollars ($50). The Department of Revenue shall coordinate with the Commander of the Alabama State Defense Force for the issuance of the numbers on the tags or plates.
(b) The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided for in this chapter. The tags or plates shall be valid for five years and may be replaced with either a conventional, personalized, or new Alabama State Defense Force tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(Acts 1996, No. 96-669, p. 1132, §1.)
The proceeds of the additional revenues generated by the fifty dollar ($50) fee for the Alabama State Defense Force tags and plates, less cost of production and administration, shall be deposited into the State General Fund.
(Acts 1996, No. 96-669, p. 1132, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates or tags previously purchased by the owner to the vehicle, which plates or tags shall authorize the operation of the vehicle for the remainder of the then current license period. In the event the owner of the distinctive license plates or tags acquires by purchase, trade, exchange, or otherwise a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plates previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license plates or tags previously purchased for the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be made of record by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-669, p. 1132, §3.)
Upon termination of active and inactive membership with the Alabama State Defense Force, an applicant to whom an Alabama State Defense Force license plate was issued under this section shall, within 30 days, return the plate to the judge of probate or the license commissioner of the county of the applicant’s residence.
(Acts 1996, No. 96-669, p. 1132, §4.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of twenty-five dollars ($25), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Civitan International” license tags and plates. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Civitan International” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The distinctive “Civitan International” license tags or plates shall be designed by the Department of Revenue with the advice of Civitan International. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1996, No. 96-693, p. 1163, §1.)
Proceeds from the additional revenues generated by the twenty-five dollars ($25) minus the production and administrative costs for the “Civitan International” tags or plates shall be paid monthly by the Department of Revenue or other appropriate official to the Civitan International Foundation for the benefit of the Civitan International Research Center at the University of Alabama at Birmingham together with an accounting of the proceeds.
(Acts 1996, No. 96-693, p. 1163, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the current license period. In the event the owner of the distinctive license tag or plate acquires by purchase, trade, exchange, or otherwise a vehicle for which a standard plate has been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plate previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-693, p. 1163, §3.)
Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Alabama Cattlemen’s Foundation” license tags and plates. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Alabama Cattlemen’s Foundation” tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. The Alabama Cattlemen’s Foundation shall design, or have designed, the Alabama Cattlemen’s Foundation tags or plates which design shall be approved by the Alabama Department of Revenue. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags or plates provided for in this chapter.
(Acts 1996, No. 96-761, p. 1346, §1.)
Proceeds from the additional revenues generated by the fifty dollars ($50), minus the production and administrative costs, for the “Alabama Cattlemen’s Foundation” tags or plates shall be submitted monthly by the Department of Revenue or other appropriate official to the Alabama Cattlemen’s Foundation.
(Acts 1996, No. 96-761, p. 1346, §2.)
The distinctive license plates or tags issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tags or plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tags or plates as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard tags or plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license tags or plates previously purchased by the owner to the vehicle, which tags or plates shall authorize the operation of the vehicle for the remainder of the current license period. In the event the owner of the distinctive license tag or plate acquires by purchase, trade, exchange, or otherwise, a vehicle for which a standard plate has been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard plate previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license tags or plates previously purchased on the vehicle and use the tags or plates for the remainder of the current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle formerly bearing the distinctive tags or plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1996, No. 96-761, p. 1346, §3.)
(a) Effective January 1, 1998, upon application to the judge of probate or license commissioner of the county where he or she resides, compliance with the motor vehicle registration and licensing laws, payment of the regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), the owner of a motor vehicle who is a resident of Alabama and a member or supporter of one of the following may be issued one of the following distinctive tags as provided below:
(1) A member in good standing of the Most Worshipful Grand Lodge of Free and Accepted Masons of the State of Alabama, hereinafter referred to as “Freemasons,” or any other person who presents a valid membership card validated by any other masonic organization, may be issued a “Freemason” tag.
(2) A member in good standing of the Ancient and Accepted Scottish Rite of Freemasonry, Southern Jurisdiction of the United States of America, Orient of Alabama, hereinafter referred to as “the Scottish Rite,” or any other person who presents a valid membership card validated by any other Scottish Rite organization, may be issued a distinctive “Scottish Rite” tag.
(3) A member in good standing of the Alabama Grand Chapter Order of the Eastern Star, hereinafter referred to as “the Eastern Star,” or any other person who presents a valid membership card validated by any other masonic organization, may be issued an “Eastern Star” distinctive tag.
(4) A person who is licensed and employed as an emergency medical technician may be issued a distinctive “Emergency Medical Technician” tag.
(5) A supporter of the Boy Scouts of America may be issued a “Boy Scout” tag.
(6) A supporter of the Girl Scouts of America may be issued a distinctive “Girl Scout” tag.
(b) These tags or plates authorized pursuant to this division shall be valid for five years, and may then be replaced with either conventional, personalized, or new distinctive tags or plates. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. Each organization for which a distinctive license tag or plate is issued shall appoint a design committee consisting of three persons who shall serve without pay to design a distinctive tag or plate which design shall be submitted to the Department of Revenue for approval. In absence of an appointed committee, the Department of Revenue shall design the tag for the organization. The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided for in this chapter. Section 32-6-54 shall not apply to the tags or plates designed pursuant to this division.
(Acts 1997, No. 97-405, p. 661, §1.)
The net proceeds of the additional revenues derived from sales of the tags or plates, less administrative costs and the cost of production, shall be distributed by the judge of probate or license commissioner to the state Comptroller who shall distribute the proceeds as follows:
(1) Five dollars ($5) of the balance collected from the sale of each Freemason license tag or plate shall be remitted to the State Treasurer for deposit into the Penny Trust Fund, and the remaining balance shall be transmitted to the Freemasons, a portion of which may be distributed to the Alabama Masonic Home in Montgomery, Alabama, as determined by the Grand Lodge.
(2) Five dollars ($5) of the balance collected from the sale of each Scottish Rite license tag or plate shall be remitted to the State Treasurer for deposit into the Penny Trust Fund, and the remaining balance shall be transmitted to the Scottish Rite for use by the Scottish Rite Foundation of Alabama, Incorporated.
(3) Five dollars ($5) of the balance from the sale of each Eastern Star license tag or plate shall be remitted to the State Treasurer for deposit into the Penny Trust Fund, and the remaining balance shall be transmitted to the Eastern Star, a portion of which may be distributed to the Masonic Home in Montgomery, Alabama, as determined by the Grand Chapter of Eastern Star.
(4) The balance collected for the sale of each emergency medical technician license tag or plate shall be transmitted to the State Treasurer for deposit into the Penny Trust Fund.
(5) Twenty-five dollars ($25) of the balance collected from the sale of each Boy Scouts of America license tag or plate shall be remitted to the State Treasurer for deposit into the Penny Trust Fund, and the remaining balance shall be transmitted to the Alabama Boy Scouts Stewardship Education Committee in Anniston, Alabama. The committee shall distribute proper proportionate amounts to other Alabama Boy Scout councils.
(6) Twenty-five dollars ($25) of the balance collected from the sale of each Girl Scouts of America tag or plate shall be remitted to the State Treasurer for deposit into the Penny Trust Fund, and the remaining balance shall be transmitted to the South Central Alabama Girl Scouts Council in Montgomery, Alabama. The council shall distribute proper proportionate amounts to other Alabama Girl Scout councils.
(Acts 1997, No. 97-405, p. 661, §2.)
The distinctive license tags or plates issued pursuant to this division shall not be transferable between motor vehicle owners, and in the event the owner of a vehicle bearing the distinctive tag or plate sells, trades, exchanges, or otherwise disposes of the motor vehicle, the tag or plate shall be retained by the owner to whom it was issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the tag or plate as provided in this section. In the event the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard tag or plate has been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer and use of the distinctive license tag or plate previously purchased by the owner for the remainder of the current license period of the tag or plate. In the event the owner of the distinctive license tag or plate acquires by purchase, trade, exchange, or otherwise, a vehicle for which a standard tag or plate has been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and upon delivery to the official of the standard tag or plate previously issued for the vehicle, authorize the owner of the newly-acquired vehicle to place the distinctive license tag or plate previously purchased on the vehicle and use the tag for the remainder of the then current license period. The notice of transfer of ownership shall be made by record to the judge of probate or the license commissioner.
Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle formerly bearing the distinctive tag or plate may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase a standard replacement tag or plate for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1997, No. 97-405, p. 661, §3.)
Upon termination of membership with the appropriate masonic organization or employment as an emergency medical technician, a person to whom a distinctive license tag or plate was issued under this division shall, within 30 days, return the tag or plate to the judge of probate or the license commissioner of the county where the applicant resides.
(Acts 1997, No. 97-405, p. 661, §4.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama and members of the ALABAMA ASSOCIATION OF REALTORS shall be issued distinctive ALABAMA ASSOCIATION OF REALTORS license plates.
(b) These plates shall be valid for five years, and may then be replaced with plates of the same type or other valid plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The ALABAMA ASSOCIATION OF REALTORS shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-467, p. 820, §1.)
The State of Alabama, political subdivisions, and its agencies shall not be liable for the misuse of any registered trademarks that are used in the design of the distinctive tags issued pursuant to this division.
(Acts 1997, No. 97-467, p. 820, §2.)
Upon termination of membership in the ALABAMA ASSOCIATION OF REALTORS, the realtor to whom a distinctive license plate was issued under this division shall, within 30 days, return the plate to the judge of probate or the license commissioner of the county where the applicant resides.
(Acts 1997, No. 97-467, p. 820, §3.)
The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production incurred by the Department of Corrections in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. Thereafter, the state Comptroller shall distribute the proceeds to the Alabama Realtors Foundation.
(Acts 1997, No. 97-467, p. 820, §4; Act 2019-138, §1.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “4-H Club Foundation” plates.
(b) These plates shall be valid for five years, and may then be replaced with plates of the same type or other valid plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The 4-H Club Foundation shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-468, p. 821, §1.)
The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production incurred by the Department of Corrections in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. Thereafter, the state Comptroller shall distribute the proceeds collected from the sale of the 4-H Club Foundation distinctive plates to the 4-H Club Foundation.
(Acts 1997, No. 97-468, p. 821, §2.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of thirty-five dollars ($35), owners of motor vehicles who are residents of Alabama shall be issued distinctive Alabama Cotton Producers license plates.
(b) These plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new Cotton Producer license plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The Alabama Cotton Commission shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-469, p. 823, §1.)
The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production of the plates incurred by the Revenue Department, shall be distributed by each judge of probate or license commissioner to the state Comptroller for the fiscal year ending September 30, 1998. The first two thousand dollars ($2,000) received by the state Comptroller shall be used to satisfy the appropriation specified in Section 4 of Act 97-469. Thereafter, the state Comptroller shall distribute thirty-one dollars ($31) per tag monthly to the Alabama Cotton Producers and four dollars ($4) per tag to the Southern/Southeastern Cotton Growers and Ginners Association. The Alabama Cotton Commission and the Southern/Southeastern Cotton Growers and Ginners Association shall use these funds for the promotion of the production, distribution, improvement, marketing, use, and sale of cotton as authorized by Amendment 388 of the Constitution of Alabama of 1901.
(Acts 1997, No. 97-469, p. 823, §2.)
(a)(1) The distinctive license plates shall not be transferable between motor vehicle owners.
(2) If the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the plates.
(3) If the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates previously purchased by the owner to the vehicle, which plates shall authorize the operation of the vehicle for the remainder of the then current license period.
(4) If the owner of the distinctive license plates acquires by purchase, trade, exchange, or otherwise, a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and being furnished by the owner the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license plates previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
(b) Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1997, No. 97-469, p. 823, §3.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifteen dollars ($15), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Proud of Our Indian Heritage” license plates, and also owners of motor vehicles who are residents of Alabama shall be issued distinctive “Alabama Poultry Foundation” license plates upon payment of an additional annual fee of thirty-five dollars ($35).
(b) These plates shall be valid for five years, and may then be replaced with plates of the same type or other valid plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The Alabama Indian Affairs Commission shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The Alabama Poultry Foundation shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(f) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-470, p. 825, §1.)
(a) The net proceeds of the additional revenues derived from sales of the “Proud of Our Indian Heritage” distinctive plates less administrative costs, including the costs of production incurred by the Revenue Department in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. The state Comptroller shall distribute the net proceeds monthly to the Alabama Indian Affairs Commission which shall evenly distribute 50 percent of the proceeds to the tribes represented on the commission and recognized by the State of Alabama. The funds shall be used for cultural, educational, and economic development purposes.
(b) The net proceeds of the additional revenues derived from sales of the “Alabama Poultry Foundation” distinctive plates, less administrative costs including the costs of production incurred by the Department of Corrections in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. Thereafter, the state Comptroller shall distribute the net proceeds monthly to the Alabama Poultry Foundation.
(Acts 1997, No. 97-470, p. 825, §2.)
(a)(1) The distinctive license plates shall not be transferable between motor vehicle owners.
(2) If the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the plates.
(3) If the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates previously purchased by the owner to the vehicle, which plates shall authorize the operation of the vehicle for the remainder of the then current license period.
(4) If the owner of the distinctive license plates acquires by purchase, trade, exchange, or otherwise, a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and being furnished by the owner the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license plates previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
(b) Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1997, No. 97-470, p. 825, §3.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50) for a prenumbered license plate or upon payment of an annual fee of sixty dollars ($60) for a personalized license plate, owners of motor vehicles who are residents of Alabama shall be issued distinctive Alabama Wildlife Federation license plates.
(b) These plates shall be valid for five years, and may then be replaced with plates of the same type or other valid plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The Alabama Wildlife Federation shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-543, p. 950, §1.)
The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production incurred by the Department of Corrections in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. Thereafter, the state Comptroller shall distribute the proceeds monthly to the Alabama Wildlife Federation which shall expend the proceeds in fulfillment of its purposes and objectives with oversight by its board of directors.
(Acts 1997, No. 97-543, p. 950, §2.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive Alabama Sports Festival, Inc., license plates.
(b) These plates shall be valid for five years , and may then be replaced with either conventional, personalized, or new Alabama Sports Festival, Inc. license plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The Alabama Sports Festival, Inc., which shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-544, p. 951, §1.)
(a) The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production incurred by the Revenue Department in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. The first two thousand dollars ($2,000) received by the state Comptroller shall be used to satisfy the appropriation specified in Section 4 of Act 97-544 for the fiscal year ending September 30, 1998. Thereafter, the state Comptroller shall distribute the proceeds monthly to the Alabama Sports Festival, Inc.
(b) For every license plate or tag purchased by a resident of a particular county, one-half of the proceeds received by the Alabama Sports Festival, Inc., shall be given to the Alabama Sports Festival, Inc., County Local Organizing Committee to be used for the benefit of athletes residing in the county which participates in the programs of the Alabama Sports Festival, Inc. The balance shall be used statewide in underwriting the programs of the Alabama Sports Festival, Inc. If a tag is purchased by a resident of a county that has not organized an Alabama Sports Festival, Inc., County Local Organizing Committee, one-half of the proceeds shall be deposited in an interest-bearing trust account in an Alabama bank, and transferred to the Alabama Sports Festival, Inc., County Local Organizing Committee when the organization of that county local organizing committee has been completed.
(Acts 1997, No. 97-544, p. 951, §2.)
(a)(1) The distinctive license plates shall not be transferable between motor vehicle owners.
(2) If the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the plates.
(3) If the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates previously purchased by the owner to the vehicle, which plates shall authorize the operation of the vehicle for the remainder of the then current license period.
(4) If the owner of the distinctive license plates acquires by purchase, trade, exchange, or otherwise, a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and being furnished by the owner the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license plates previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
(b) Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1997, No. 97-544, p. 951, §3.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama and are members in good standing of the Kiwanis International shall be issued distinctive Kiwanis International license plates.
(b) These plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new Kiwanis International license plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The Kiwanis Alabama District Office in Birmingham, Alabama, shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-545, p. 953, §1.)
The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production incurred by the Department of Revenue in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. The first two thousand dollars ($2,000) received by the state Comptroller shall be used to satisfy the appropriation specified in Section 4 of Act 97-545 for the fiscal year ending September 30, 1998. Thereafter, the state Comptroller shall distribute the proceeds monthly to the Kiwanis Alabama District Office in Birmingham, Alabama, which shall distribute the proceeds to the Kiwanis Clubs in this state.
(Acts 1997, No. 97-545, p. 953, §2.)
(a)(1) The distinctive license plates shall not be transferable between motor vehicle owners.
(2) If the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the plates.
(3) If the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates previously purchased by the owner to the vehicle, which plates shall authorize the operation of the vehicle for the remainder of the then current license period.
(4) If the owner of the distinctive license plates acquires by purchase, trade, exchange, or otherwise, a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and being furnished by the owner the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license plates previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
(b) Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1997, No. 97-545, p. 953, §3.)
(a) Upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive Sisters for Life license plates.
(b) These plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new Sisters for Life plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The Sistas Can Survive Coalition shall design, or have designed, the plate which design shall be approved by the Department of Revenue. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(Acts 1997, No. 97-546, p. 955, §1.)
The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production incurred by the Revenue Department in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. The first two thousand dollars ($2,000) received by the state Comptroller in the fiscal year ending September 30, 1998, shall be used to satisfy the appropriation specified in Section 4 of Act 97-546. Thereafter, the state Comptroller shall distribute the proceeds monthly to the Sistas Can Survive Coalition for the purpose of providing free mammograms to underserved persons through the Mammogram for Life Campaign.
(Acts 1997, No. 97-546, p. 955, §2.)
(a)(1) The distinctive license plates shall not be transferable between motor vehicle owners.
(2) If the owner of a vehicle bearing the distinctive plates sells, trades, exchanges, or otherwise disposes of the motor vehicle, the plates shall be retained by the owner to whom issued and returned to the judge of probate or license commissioner of the county, who shall receive and account for the plates.
(3) If the owner acquires by purchase, trade, exchange, or otherwise, a vehicle for which no standard plates have been issued during the current license period, the judge of probate or license commissioner of the county shall, upon being furnished by the owner proper certification of the acquisition of the vehicle and the payment of the motor vehicle license tax due upon the vehicle, authorize the transfer of the distinctive license plates previously purchased by the owner to the vehicle, which plates shall authorize the operation of the vehicle for the remainder of the then current license period.
(4) If the owner of the distinctive license plates acquires by purchase, trade, exchange, or otherwise, a vehicle for which standard plates have been issued during the current license year, the judge of probate or license commissioner shall, upon proper certification of the owner and being furnished by the owner the standard plates previously issued for the vehicle, authorize the owner of the newly acquired vehicle to place the distinctive license plates previously purchased on the vehicle and use the plates for the remainder of the then current license period. The notice of transfer of ownership shall be recorded by the judge of probate or the license commissioner.
(b) Any person acquiring by purchase, trade, exchange, or otherwise, any vehicle bearing the distinctive plates may, upon certification of the fact to the judge of probate or license commissioner of the county and the payment of the fee now required by law, purchase standard replacement plates for the vehicle which shall authorize the operation of the vehicle by the new owner for the remainder of the license period.
(Acts 1997, No. 97-546, p. 955, §3.)
(a) Notwithstanding Sections 32-6-64, 32-6-65, 32-6-67, and 32-6-68, upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Proud To Be An American” license tags or plates. These tags or plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new “Proud To Be An American” tags or plates. Notwithstanding the other provisions of this section, the tag shall not be printed and issued until applications for the quantity required for a Quantity Class 2 tag are received by the state Comptroller in the same manner as provided in Section 32-6-64.
(b) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) The Proud To Be An American license plate designed by the Department of Veterans Affairs and approved by the Department of Revenue shall have a white background and shall be designed so that the word “Alabama” appears in red characters at the top of the plate; the words “Proud To Be An American” appear at the bottom of the plate in red characters on a white background; the crossed flags of the United States and the State of Alabama, which shall be designed to be waving, appear in the left center of the plate; and the serial numbers appear in blue characters at the right of the flags.
(d) The tags or plates shall be issued, printed, and processed like other distinctive and personalized tags and plates provided in this chapter.
(Act 2001-1064, 4th Sp. Sess., p. 1063, §1.)
The net proceeds of the additional revenues derived from sales of the tags or plates produced pursuant to this division, less administrative costs, including the cost of production of the tags or plates, shall be distributed by the judge of probate, license commissioner, or other issuing official to the office of the state Comptroller which shall distribute the proceeds equally to the Alabama Veterans’ Assistance Fund in the State Treasury and the USS Alabama Battleship Memorial Park Foundation in Mobile. The additional fee represents a charitable contribution from the purchaser to the entities receiving the distributions of the funds pursuant to this section.
(Act 2001-1064, 4th Sp. Sess., p. 1063, §2.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, owners of motor vehicles who are residents of Alabama shall be issued distinctive “God Bless America” license tags or plates. In those years in which a revalidation decal only is issued, the owner shall pay the regular license fee for tags as provided by law. These tags or plates shall be valid for five years, and may then be replaced with either conventional or new “God Bless America” tags or plates.
(b) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) The “God Bless America” license plate shall be designed by the Department of Revenue.
(d) The tags or plates shall be issued, printed, and processed like other distinctive plates provided in this chapter.
(Act 2006-571, p. 1503, §1.)
(a) Upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger or pleasure motor vehicles, and payment of the annual additional fee of fifty dollars ($50), which shall not be prorated, owners of motor vehicles who are residents of Alabama shall be issued personalized God Bless America license tags or plates upon which, in lieu of the numbers prescribed by law, shall be inscribed special letters, figures, numbers, or other marks, emblems, symbols, or badges of distinction or personal prestige or a combination of these as are approved for and assigned to the application by the Department of Revenue.
(b) The personalized license tags or plates provided for in this section shall be issued, printed, processed, and renewed in the same manner as other personalized plates in Section 32-6-150.
(c) Fees collected pursuant to this section, net the two and one-half percent commission to the judge of probate, license commissioner, or other issuing official and manufacturing costs to the Department of Corrections shall be transmitted timely to the state Comptroller. The balance of the funds shall be distributed to the Alabama Veterans Living Legacy and administered by the Citizenship Trust pursuant to Sections 16-44A-30 to 16-44A-36, inclusive.
(Act 2008-554, p. 1274, §1.)
(a) Upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for motorcycle license tags or plates and payment of an annual additional fee of fifty dollars ($50), owners of motorcycles who are residents of Alabama shall be issued distinctive “Barber Vintage Motorsports Museum” motorcycle license tags or plates. The motorcycle tags or plates shall be numbered or personalized. These tags or plates shall be valid for five years and may then be replaced with either conventional, personalized, or new “Barber Vintage Motorsports Museum” motorcycle tags or plates. Notwithstanding the provisions of this section, the motorcycle tags or plates shall only be printed and issued as long as the Barber Vintage Motorsports Museum qualifies for a distinctive license plate category pursuant to Section 32-6-64 for passenger cars, pickup trucks, and self-propelled campers or house cars.
(b) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) The Barber Vintage Motorsports Museum shall be responsible for the design of the distinctive motorcycle license plate subject to approval by the Commissioner of Revenue and compliance with all laws and regulations.
(d) The annual additional fee for the motorcycle plates shall be distributed in accordance with the provisions of Section 32-6-68. The Barber Vintage Motorsports Museum portion of the fee shall be used to defray the operating costs of the museum, a 501(c)3 nonprofit foundation.
(e) The Department of Revenue may promulgate rules and regulations to implement this section.
(Act 2007-379, p. 755, §§1, 2.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, a distinctive license plate category shall be established entitled “Alabama Gold Star Family.” The distinctive plates shall be issued, printed, and processed in the same manner as other distinctive plates provided for in this chapter.
(b) Any member of the immediate family of a person who died while on active duty of any branch of the United States military may apply to the judge of probate or other license plate issuing official, and upon presentation of documentation pursuant to subsection (d), may receive one distinctive license plate for display on a private passenger automobile or pickup truck, and shall be exempt from the payment of the motor vehicle registration fee, ad valorem tax and any additional fees. Additional distinctive license plates may be purchased upon payment of regular required motor vehicle fees and taxes and an additional fee of three dollars ($3) for the initial issuance of the distinctive license plate.
(c) Payment of required license fees and ad valorem taxes for the years during which a new license plate is not issued shall be evidenced as provided for in Section 32-6-63.
(d) The following documents shall be presented to the judge of probate or other license plate issuing official to receive the “Alabama Gold Star Family” distinctive license plate:
(1) DD Form 2064 - Overseas Death Certificate or prior era Department of Defense death certificate; or
(2) DD Form 1300 - Report of Casualty.
(3) In the event that the applicant is not identified as the next of kin on one of the documents listed in subdivisions (1) and (2), the applicant must also submit a notarized affidavit obtained from the Alabama Department of Veterans’ Affairs, certifying applicant’s relationship to the deceased service member.
(e) The “Alabama Gold Star Family” distinctive license plate shall be designed by the Department of Veterans’ Affairs after consultation with the Alabama Gold Star Family Organization and approved by the Department of Revenue.
(f) As used in this section, the phrase member of the immediate family shall mean all of the following:
(1) A spouse.
(2) A parent, adoptive parent, or stepparent.
(3) A foster parent in loco parentis.
(4) A sibling, to include whole or half-blood, or by adoption.
(5) A child, including those by adoption, or a stepchild.
(6) Grandparent or other legal guardian.
(7) Any other immediate family members designated as next of kin by the Department of Defense.
(g) The Department of Revenue may promulgate any rules necessary to administer the provisions of this section.
(Act 2009-595, p. 1752, §§1, 2; Act 2015-362, §1; Act 2016-408, §4.)
[Repealed]
REPEALED BY ACT 2023-513, EFFECTIVE JANUARY 1, 2024.
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon application and submission of an identification card, leave and earnings statement, or a DD214 form to the judge of probate, license commissioner, or other license issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates for private passenger, pickup trucks, or pleasure motor vehicles, owners of motor vehicles who are residents of Alabama and are active or retired members or honorably discharged from the U.S. Marine Corps shall be issued distinctive U.S. Marine Corps license tags or plates. These tags or plates shall be valid for five years, and may then be replaced with either conventional or new U.S. Marine Corps tags or plates.
(b) Active members of the U.S. Marine Corps shall pay an additional fee of three dollars ($3) in the year the license plate is issued. Retired and honorably discharged members of the U.S. Marine Corps shall pay an annual additional fee of twenty-five dollars ($25).
(c) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) The U.S. Marine Corps license plate shall be designed by the Department of Alabama Marine Corps League and approved by the Department of Revenue.
(e) The tags or plates shall be issued, printed, and processed like other distinctive plates provided for by law.
(f) The net proceeds of the additional revenues derived from sales of the distinctive plates, less administrative costs including the costs of production incurred by the Department of Corrections in producing the plates, shall be distributed by each judge of probate, license commissioner, or other license issuing official to the state Comptroller. The state Comptroller shall distribute the proceeds monthly to the Department of Alabama Marine Corps League.
(g) The Department of Revenue may promulgate any rules necessary to administer this section.
(Act 2009-637, p. 1956, §1.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon application and submission of the appropriate military identification card, Leave and Earnings Statement, or DD214 form to the judge of probate, license commissioner, or other license plate issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license tags or plates, and payment of an additional fee of three dollars ($3) for the initial issuance of the tag for a private passenger, pickup truck, or pleasure motor vehicle, the owner of a motor vehicle who is a resident of Alabama and an active or retired member of the United States Air Force, Army, Navy, Coast Guard, Marine Corps, Space Force, or Merchant Marine or has been honorably discharged from any of these branches of service shall be issued a military distinctive license plate designating the appropriate branch of service. The tag or plate shall be valid for five years and may then be replaced with either a conventional or new United States Air Force, Army, Navy, Coast Guard, Marine Corps, Space Force, or Merchant Marine tag or plate.
(b) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) The United States Air Force, Army, Navy, Coast Guard, Marine Corps, Space Force, or Merchant Marine military distinctive license plates shall be designed by the Department of Veterans Affairs and approved by the Department of Revenue.
(d) The tags or plates shall be issued, printed, and processed like other distinctive plates provided for by law.
(e) The Department of Revenue may adopt any rules necessary to administer this section.
(Act 2010-510, p. 843, §1; Act 2023-513, §1.)
(a)(1) Notwithstanding Sections 32-6-64, 32-6-65, 32-6-67, and 32-6-68, except for the requirements for Quantity Class 2 applications provided herein, upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of five dollars ($5), owners of motor vehicles who are residents of Alabama shall be issued distinctive POW/MIA license plates. These license plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new POW/MIA license plates. The license plate shall not be printed and issued until applications for the quantity required for regular private passenger or pleasure motor vehicle license plates for a Quantity Class 2 license plate are received by the state Comptroller in the same manner as provided in Section 32-6-64.
(2) Upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for motorcycle license plates, and payment of an additional annual fee of five dollars ($5), owners of motorcycles who are residents of Alabama shall be issued distinctive POW/MIA motorcycle license plates. The license plate shall be valid for five years and may then be replaced with a new conventional, personalized, or POW/MIA motorcycle license plate. Notwithstanding this section, the motorcycle license plates shall only be printed and issued as long as the POW/MIA distinctive license plate qualifies for a distinctive license plate category pursuant to subdivision (1).
(b) Payment of required license fees and taxes for the years during which new license plates are not issued shall be evidenced as provided in Section 32-6-63.
(c) The POW/MIA license plates shall be designed by the Department of Veterans’ Affairs and approved by the Department of Revenue. The design shall be of a different design than the distinctive POW license plate authorized pursuant to Section 32-6-250, and shall contain the term POW/MIA.
(d) The license plates shall be issued, printed, and processed like other distinctive and personalized license plates provided in this chapter.
(e) The net proceeds of the additional revenues derived from sales of the license plates produced pursuant to this section, less administrative costs, shall be distributed by the judge of probate, license commissioner, or other issuing official to the office of the state Comptroller which shall distribute the proceeds to the Alabama Veterans’ Assistance Fund in the State Treasury.
(f) The Department of Revenue may promulgate rules to implement this section.
(Act 2010-261, p. 471, §1.)
(a) Notwithstanding the provisions of Section 32-6-64, upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for motorcycle license tags or plates, and payment of an annual additional fee of fifty dollars ($50), owners of motorcycles who are residents of Alabama shall be issued distinctive “Breast Cancer Research” motorcycle license tags or plates. The motorcycle tags or plates shall be numbered or personalized. These tags or plates shall be valid for five years and may then be replaced with either conventional, personalized, or new “Breast Cancer Research” motorcycle tags or plates. Notwithstanding the provisions of this section, the motorcycle tags or plates shall only be printed and issued as long as the Breast Cancer Research Foundation of Alabama qualifies for a distinctive license plate category pursuant to Section 32-6-64, for passenger cars, pickup trucks, and self-propelled campers or house cars.
(b) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) The Breast Cancer Research Foundation of Alabama shall be responsible for the design of the distinctive motorcycle license plate subject to approval by the Commissioner of Revenue and compliance with all laws and rules.
(d) The annual additional fee for the motorcycle plates shall be distributed in accordance with Section 32-6-68. The Breast Cancer Research Foundation of Alabama portion of the fee shall be used to provide funding for breast cancer research in the State of Alabama.
(e) The Department of Revenue may promulgate rules to implement this section.
(Act 2013-190, p. 348, §1.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive law enforcement memorial license plates.
(b) These plates shall be valid for five years, and may then be replaced with either conventional, personalized, or new law enforcement memorial license plates.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) Officials from the State Law Enforcement Memorial in Anniston, Alabama, may submit a design of the plate honoring law enforcement officers killed in the line of duty. The design shall be approved by the Department of Revenue and the Legislative Oversight Committee for License Plates prior to production. Section 32-6-54 shall not apply to the plates designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(f) The additional revenues derived from the sales of the distinctive motor vehicle license plates shall be distributed as follows: Twenty-five dollars ($25) of the additional fee to the State Law Enforcement Memorial in Anniston, Alabama, and twenty-five dollars ($25) of the additional fee to the State General Fund.
(Act 2013-398, p. 1516, §2.)
(a) Notwithstanding Sections 32-6-64 and 32-6-67, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive Stop Domestic Violence license plates.
(b) These plates shall be valid for five years.
(c) Payment of required license fees and taxes for years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) Officials from the Alabama District Attorneys Association shall design the plate. The design shall be approved by the Department of Revenue and the Legislative Oversight Committee for License Plates prior to production. Section 32-6-54 shall not apply to the plate designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(f) The net proceeds from the additional revenues derived from the sales of the distinctive motor vehicle license plates, less the fees as provided in Section 32-6-68, shall be distributed to the district attorney for the county in which the plate was issued for the use and benefit of domestic violence prevention programs.
(Act 2016-355, §1.)
(a) Notwithstanding Sections 32-6-64 and 32-6-67, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive state parks license plates.
(b) These plates shall be valid for five years.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(d) Officials from the Department of Conservation and Natural Resources shall design the plate. The design shall be approved by the Department of Revenue and the Legislative Oversight Committee for License Plates prior to production. Section 32-6-54 shall not apply to the plate designed pursuant to this section.
(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.
(f) The net proceeds from the additional revenues derived from the sales of the distinctive motor vehicle license plates, less the fees as provided in Section 32-6-68, shall be distributed to the Department of Conservation and Natural Resources for the use and benefit of the State Park System.
(g) In addition to any and all other funds heretofore or hereafter appropriated, for the fiscal year beginning October 1, 2017, and every year thereafter, there is appropriated to the Department of Conservation and Natural Resources the additional revenues as provided for by this section.
(Act 2016-408, §1.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon the remittance of the ad valorem taxes and license taxes and registration fees as required in Division 4, Article 5 of Chapter 12 of Title 40, a fleet operator, as defined in Section 40-12-240, shall be issued a fleet license plate in the manner prescribed by the department.
(b) A fleet license plate design issued pursuant to this section shall be valid for five years. The month and year of expiration shall be printed on the plate. Proof of current year registration shall be maintained by the fleet operator in the fleet vehicle and provided electronically by the fleet operator to the operator of the fleet vehicle.
(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced in a manner prescribed by the department.
(d) The fleet license plate shall be designed by the department.
(e) This section shall not be construed to invalidate subsection (b) of Section 40-12-252.
(Act 2019-129, §3.)
(a) Notwithstanding Sections 32-6-64, 32-6-65, 32-6-67, and 32-6-68, upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive “Brain Cancer Research” license plates. These plates shall be valid for five years and may then be replaced with either conventional, personalized, or new “Brain Cancer Research” license plates. Notwithstanding the provisions of this section, the license plates shall only be printed and issued as long as Blazer Bolt, Incorporated qualifies for a distinctive license plate category pursuant to Section 32-6-64, for passenger cars, pickup trucks, and self-propelled campers or house cars.
(b) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63.
(c) Blazer Bolt, Incorporated shall be responsible for the design of the distinctive license plate subject to approval by the Commissioner of Revenue and compliance with all laws and rules.
(d) The annual fee for the distinctive plates shall be distributed in accordance with Section 32-6-68. The Blazer Bolt, Incorporated portion of the fee shall be used to provide funding for brain cancer research in the State of Alabama.
(e) The Department of Revenue may adopt rules to implement this section.
(Act 2023-162, §2.)
(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles or motorcycles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles or motorcycles who are residents of Alabama, upon request, shall be issued a blackout license plate.
(b) The additional blackout license plate fee shall be distributed in the following manner:
(1) Two and one-half percent commission, provided by Section 40-12-269(a)(1).
(2) Manufacturing costs of one dollar and fifty cents ($1.50) to the Department of Corrections.
(3) Administrative costs of one dollar ($1) to the Department of Revenue.
(4) The remainder of the additional fee shall be deposited into the Alabama Law Enforcement Officers’ Family Scholarship Fund.
(c) The Commissioner of Revenue shall prescribe a suitable plate design that includes a black background with white text.
(d) The blackout plates shall be issued, printed, and processed like other plates provided for by law, may be personalized, and shall be furnished for the licensing year commencing January 1, 2027.
(e) The Department of Revenue may adopt any rules necessary to administer this section.
(Act 2026-381, §2.)
(a) For the purposes of this chapter, an “autocycle” means a motor vehicle that is designed to travel with three wheels on the ground; is equipped with a steering wheel or steering mechanism, a roll cage or roll hoops, a seat belt for each occupant, brakes that meet the requirements of Federal Motor Vehicle Safety Standard No. 122, and seating that does not require the operator to straddle or sit astride the seat; and is manufactured and certified to comply with the applicable federal motorcycle safety standards under 49 C.F.R. Part 571 by a manufacturer registered with the National Highway Transportation Safety Administration.
(b) The operator of an autocycle shall be required to have a regular driver’s license and shall not be required to have a Class M displayed on his or her driver’s license or a Class M motorcycle license.
(c) The operator of an autocycle shall be subject to the requirements of the seat belt law when operating the vehicle.
(d) For the purposes of this title and Title 40, an autocycle shall be registered, taxed, and titled in the same manner as a motorcycle and shall otherwise be considered a motorcycle for the purposes of this title and Title 40.
(e) A person 17 years of age or younger operating an autocycle shall be subject to the operating hours, exceptions, and suspensions provided in Section 32-6-7.2.
(Act 2015-553, 2nd Sp. Sess., p. 2076, §1; Act 2022-433, §1.)
This chapter may be cited as the Motor Vehicle Safety-Responsibility Act.
(Acts 1951, No. 704, p. 1224, §43.)
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(1) DIRECTOR. The Director of Public Safety of the State of Alabama.
(2) JUDGMENT. Any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for those damages.
(3) LICENSE. Any license, temporary instruction permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles.
(4) MOTOR VEHICLE. Every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with the vehicles (except traction engines, road rollers, farm tractors, tractor cranes, power shovels and well drillers) and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.
(5) NONRESIDENT. Every person who is not a resident of this state.
(6) NONRESIDENT’S OPERATION PRIVILEGE. The privilege conferred upon a nonresident by the laws of this state pertaining to the operation by him or her of a motor vehicle or the use of a motor vehicle owned by him or her in this state.
(7) OPERATOR. Every person who is in actual physical control of a motor vehicle.
(8) OWNER. A person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease of the motor vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee, or lessee, or mortgagor shall be deemed the owner for the purposes of this subdivision.
(9) PERSON. Every natural person, firm, copartnership, association, or corporation.
(10) PROOF OF FINANCIAL RESPONSIBILITY. Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle in the amount of twenty-five thousand dollars ($25,000), because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident.
(11) REGISTRATION. Registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.
(12) STATE. Any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
(Acts 1951, No. 704, p. 1224, §1; Acts 1993, 1st Ex. Sess., No. 93-903, p. 192, §1; Act 2008-393, p. 754, §1.)
(a) Director to administer chapter. The director shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration and shall provide for hearings upon the request of persons aggrieved by orders or acts of the director under the provisions of this chapter.
(b) Appeal to court. At any time within 60 days after the rendition of any order or decision by the director under the provisions of this chapter, any party in interest may appeal to the circuit court in and for any county in the State of Alabama wherein any party in interest may reside, or in which any party in interest which is a corporation may have its principal office or place of business, and the appeal may be for the purpose of having the lawfulness of any order, decision, or act of the director inquired into and determined. The court shall determine whether the filing of an appeal shall operate as a stay of any order or decision of the director. The appeal shall be taken by serving written notice of the appeal upon the director, which service shall be made by delivering a copy of such notice to the director and filing the original thereof with the clerk of the court to which the appeal is taken and upon giving bond with sureties to be approved by the clerk of the court, payable to the State of Alabama, conditioned to pay all costs created by the appeal. A copy of such notice must also be served upon all other parties in interest, if there be any, by mailing the same to the parties in interest to such addresses of such parties as such parties shall have left with the director. If such parties shall have left no address with the director, then no service on such parties shall be required. The order of filing and service of notice is immaterial. The director shall, within 10 days after receipt of notice, prepare and file with the clerk of the court a true and correct copy of the order or decision appealed from together with a complete transcript of all the proceedings had by him or her with reference to the order, decision, or act appealed from, together with all official forms or documents in the possession of the director pertaining to the order, decision, or act. Immediately upon the return of such matter, the court shall fix a day for the hearing of the appeal and shall cause notice to be served upon the director and upon the appellant and also upon any other parties in interest upon whom service was required under the provisions of this section. The trial upon appeal to the circuit court shall be de novo, and the court shall render judgment confirming, modifying or setting aside the order or decision of the director or, in its discretion, may remand the case to the director for proceedings in conformity with the direction of the court. From the judgment of the circuit court either party may appeal to the Supreme Court of Alabama, as in civil cases.
(Acts 1951, No. 704, p. 1224, §2.)
The director shall upon request furnish any person an abstract of the operating record of any person subject to the provisions of this chapter, which abstract shall also fully designate the motor vehicle, if any, registered in the name of such person, and, if there shall be no record of any convictions of such person of violating any law relating to the operation of a motor vehicle or any injury or damage caused by such person, the director shall so certify. The director shall collect for such abstract the sum of $5.75.
(Acts 1951, No. 704, p. 1224, §3; Acts 1961, No. 707, p. 999; Acts 1971, No. 1598, p. 2743; Acts 1983, No. 83-722, p. 1177; Acts 1988, 1st Sp. Sess., No. 88-909, p. 486, §1.)
The operator of every motor vehicle which is in any manner involved in an accident within this state, in which any person is killed or injured or in which damage to the property of any one person, including himself or herself, in excess of two hundred fifty dollars ($250) is sustained, shall within 30 days after the accident report the matter in writing to the director. The report, the form of which shall be prescribed by the director, shall contain only the information necessary to enable the director to determine whether the requirements for the deposit of security under Section 32-7-6 are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter. The director may rely upon the accuracy of the information unless and until there is reason to believe that the information is erroneous. If the operator is physically incapable of making the report, the owner of the motor vehicle involved in the accident shall, within 10 days after learning of the accident, make the report. The operator or the owner shall furnish additional relevant information as the director shall require.
(Acts 1951, No. 704, p. 1224, §4; Acts 1984, No. 84-301, p. 672, §1; Acts 1995, No. 95-260, p. 442, §2.)
(a) If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of five hundred dollars ($500), the director does not have on file evidence satisfactory that the person who would otherwise be required to file security under subsection (b) of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement or conditional release providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, which agreement or conditional release may include reasonable interest as set out in Section 32-7-7, the director shall determine the amount of security which shall be sufficient in his or her judgment to satisfy any judgment or judgments for damages resulting from the accident as may be recovered against each operator or owner.
(b) The director shall, within 60 days after the receipt of the report of a motor vehicle accident, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in the accident, and if the operator is a nonresident the privilege of operating a motor vehicle within this state, and if the owner is a nonresident the privilege of the use within this state of any motor vehicle personally owned, unless the operator or owner or both shall deposit security in the sum so determined by the director. Notice of the suspension shall be sent by the director to the operator and owner, not less than 10 days prior to the effective date of the suspension, and shall state the amount required as security. Where erroneous information is given the director with respect to the matters set forth in subdivisions (1), (2), or (3) of subsection (c) of this section, he or she shall take appropriate action as provided within 60 days after receipt by the director of correct information with respect to these matters. Upon applying for reinstatement for suspension imposed under this section, no reinstatement fees shall be assessed if proper documentation is provided to the director that acceptable insurance was in effect at the time of the motor vehicle accident.
(c) This section shall not apply under the conditions stated in Section 32-7-7 nor in any one of the following if:
(1) The operator or owner if the owner had in effect at the time of the accident an automobile liability policy with respect to the motor vehicle involved in the accident.
(2) The operator, if not the owner of the motor vehicle, if there was in effect at the time of the accident an automobile liability policy or bond with respect to the operation of motor vehicles not owned by him or her.
(3) The operator or owner if the liability of the operator or owner for damages resulting from the accident is, in the judgment of the director, covered by any other form of liability insurance policy or bond.
(4) Any person qualifying as a self-insurer under Section 32-7-34, or to any person operating a motor vehicle for the self-insurer.
No policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this state unless the motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof. The policy or bond shall not be effective under this section unless the insurance company or surety company, if not authorized to do business in this state, shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action upon the policy or bond arising out of the accident provided, that every policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars ($25,000) because of bodily injury to or death to one person in any one accident and subject to the limit for one person, to a limit of not less than fifty thousand dollars ($50,000) because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident.
(Acts 1951, No. 704, p. 1224, §5; Acts 1965, No. 578, p. 1074; Acts 1984, No. 84-301, p. 672, §2; Acts 1995, No. 95-260, p. 442, §3; Act 99-430, p. 779, §1; Act 2008-393, p. 754, §1.)
[Repealed]
Repealed by Act 2000-554, p. 1005, §3, effective January 1, 2001.
(Act 99-430, §2.)
The requirements as to security and suspension in Section 32-7-6 shall not apply to any of the following persons:
(1) The operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the operator or owner.
(2) The operator or the owner of a motor vehicle legally parked at the time of the accident.
(3) The owner of a motor vehicle if at the time of the accident the vehicle was being operated without the permission of the owner, express or implied, or was parked by a person who had been operating the motor vehicle without the permission.
(4) If, prior to the date that the director would otherwise suspend license and registration or nonresident’s operating privilege under Section 32-7-6, there shall be filed with the director evidence satisfactory to him or her that the person who would otherwise have to file security has been released from liability or been finally adjudicated not to be liable or has executed a duly acknowledged written agreement or conditional release providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident, which agreement or conditional release may properly include reasonable interest charges not to exceed three percent above the prime rate in effect at the time of the signing of the agreement or conditional release.
(Acts 1951, No. 704, p. 1224, §6; Act 99-430, p. 779, §3.)
The license and registration and nonresident’s operating privilege suspended as provided in Section 32-7-6 shall remain suspended and shall not be renewed, nor shall any license or registration be issued to that person for a period of three years or until:
(1) The person shall deposit or there shall be deposited on his or her behalf the security required under Section 32-7-6; or
(2) Two years shall have elapsed following the date of the suspension and evidence satisfactory to the director has been filed with him or her that during that period no action for damages arising out of the accident has been instituted; or
(3) Evidence satisfactory to the director has been filed with him or her of a release from liability, a final adjudication of nonliability or a duly acknowledged written agreement, in accordance with subdivision (4) of Section 32-7-7. In the event there shall be any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of default, the director shall forthwith suspend the license and registration or nonresident’s operating privilege of the person defaulting which shall not be restored unless and until:
a. The person deposits and thereafter maintains security as required under Section 32-7-6 in the amount the director may then determine; or
b. Two years shall have elapsed following the date when the security was required, and during that period no action upon the agreement has been instituted in a court in this state.
(Acts 1951, No. 704, p. 1224, §7; Acts 1959, No. 72, p. 478; Acts 1993, 1st Ex. Sess., No. 93-903, p. 192, §2.)
(a) In case the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration or is a nonresident, he shall not be allowed a license or registration until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a license and registration.
(b) When a nonresident’s operating privilege is suspended pursuant to Section 32-7-6 or Section 32-7-8, the director shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (c) of this section.
(c) Upon receipt of such certification that the operating privilege of a resident of this state has been suspended or revoked in any such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the director to suspend a nonresident’s operating privilege had the accident occurred in this state, the director shall suspend the license of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. Such suspension shall continue until such resident furnishes evidence of his or her compliance with the law of such other state relating to the deposit of such security.
(Acts 1951, No. 704, p. 1224, §8.)
The security required under this chapter shall be in such form and in such amount as the director may require but in no case in excess of the limits specified in Section 32-7-6 in reference to the acceptable limits of a policy or bond. The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while such deposit is in the custody of the director or State Treasurer, the person depositing it may, in writing, amend the specifications of the person or persons on whose behalf the deposit is made to include an additional person or persons; provided, that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.
The director may reduce the amount of security ordered in any case within six months after the date of the accident if, in his or her judgment, the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered shall be returned to the depositor or his or her personal representative forthwith, notwithstanding the provisions of Section 32-7-11.
(Acts 1951, No. 704, p. 1224, §9.)
Security deposited in compliance with the requirements of this chapter shall be placed by the director in the custody of the State Treasurer and shall be applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made, for damages arising out of the accident in question in an action at law, begun not later than the period of time provided in Section 6-2-38(l), with regard to actions for injury to the person or rights of another not arising from contract, or any successor statute of limitations, for general negligence, following the date of such accident or within the period of time following the date of deposit of any security under subdivision (3) of Section 32-7-8, or to the payment in settlement agreed to by the depositor of a claim or claims arising out of such accident. Such deposit or any balance thereof shall be returned to the depositor or his or her personal representative when evidence satisfactory to the director has been filed with him or her that there has been a release from liability, or a final adjudication of nonliability, or a duly acknowledged agreement, in accordance with subdivision (4) of Section 32-7-7, or whenever, after the expiration of the period of time following the date of the accident or from the date of any security under subdivision (3) of Section 32-7-8, the director shall be given reasonable evidence that there is no such action pending and no judgment rendered in such action left unpaid.
(Acts 1951, No. 704, p. 1224, §10; Acts 1990, No. 90-665, p. 1281.)
Neither the report required by Section 32-7-5, the action taken by the director pursuant to this chapter, the findings, if any, of the director upon which such action is based nor the security filed as provided in this chapter shall be referred to in any way, nor be any evidence of the negligence or due care of either party, at the trial of any action to recover damages.
(Acts 1951, No. 704, p. 1224, §11.)
Whenever any person fails within 60 days to satisfy any judgment, upon the written request of the judgment creditor or his or her attorney, it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk in which any such judgment is rendered within this state, to forward to the director immediately after the expiration of the 60 days a certified copy of such judgment.
If the defendant named in any certified copy of a judgment reported to the director is a nonresident, the commissioner shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.
(Acts 1951, No. 704, p. 1224, §12.)
(a) Suspension for nonpayment of judgment. The director upon the receipt of a certified copy of a judgment shall forthwith suspend the license and registration and any nonresident’s operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section and in Section 32-7-17.
(b) Exceptions. If the judgment creditor consents in writing, in such form as the director may prescribe, that the judgment debtor be allowed license and registration or nonresident’s operating privilege, the same may be allowed by the director, in his or her discretion, for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment or of any installments thereof prescribed in Section 32-7-17; provided, that the judgment debtor furnishes proof of financial responsibility.
(Acts 1951, No. 704, p. 1224, §13.)
The license, registration, and nonresident’s operating privilege shall remain suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every judgment is stayed, satisfied in full or to the extent hereinafter provided and until the said person gives proof of financial responsibility subject to the exemptions stated in Sections 32-7-14 and 32-7-17.
A discharge in bankruptcy following the rendering of any such judgment shall not relieve the judgment debtor from any of the requirements of this section and Sections 32-7-13 and 32-7-14.
(Acts 1951, No. 704, p. 1224, §14.)
Judgments herein referred to shall, for the purpose of this chapter only, be deemed satisfied:
Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.
(Acts 1951, No. 704, p. 1224, §15; Acts 1965, No. 579, p. 1077; Acts 1984, No. 84-301, p. 672, §3; Act 2008-393, p. 754, §1.)
(a) A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments; and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
(b) The director shall not suspend a license, registration, or a nonresident’s operating privilege and shall restore any license, registration or nonresident’s operating privilege suspended following nonpayment of a judgment when the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of such judgment in installments and while the payment of any said installment is not in default.
(c) In the event the judgment debtor fails to pay any installment as specified by such order, then, upon notice of such default, the director shall forthwith suspend the license, registration, or nonresident’s operating privilege of the judgment debtor until such judgment is satisfied, as provided in this chapter.
(Acts 1951, No. 704, p. 1224, §16.)
(a) Whenever the director, under any law of this state, suspends or revokes the license of any person upon receiving record of a conviction or a forfeiture of bail, the director shall also suspend the registration for all motor vehicles registered in the name of such person; except, that he or she shall not suspend such registration, unless otherwise required by law, if such person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles registered by such person.
(b) Such license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed nor shall any license be thereafter issued to such person, nor shall any motor vehicle be thereafter registered in the name of such person until permitted under the motor vehicle laws of this state and not then unless and until he or she shall give and thereafter maintain proof of financial responsibility.
(c) If a person is not licensed, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of license, or for operating a motor vehicle upon the highways without being licensed to do so, or for operating an unregistered motor vehicle upon the highways, no license shall be thereafter issued to such person and no motor vehicle shall continue to be registered or thereafter be registered in the name of such person until he or she shall give and thereafter maintain proof of financial responsibility.
(Acts 1951, No. 704, p. 1224, §17.)
(a) Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:
(1) A certificate of insurance as provided in Section 32-7-20 or Section 32-7-21; or
(2) A bond as provided in Section 32-7-26; or
(3) A certificate of deposit of money or securities as provided in Section 32-7-27; or
(4) A certificate of self-insurance, as provided in Section 32-7-34, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he or she will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner’s motor vehicle liability policy if it had issued such a policy to the self-insurer.
(b) Proof of financial responsibility relating to a motor vehicle liability policy when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be verified through the online insurance verification system of Chapter 7B and Chapter 7A.
(c) No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such proof shall be furnished for such motor vehicle.
(Acts 1951, No. 704, p. 1224, §18; Act 2011-688, p. 2076, §1.)
(a) Proof of financial responsibility may be furnished by filing with the director the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
(b) Proof of financial responsibility relating to a motor vehicle liability policy may be verified through the online insurance verification system of Chapter 7B and Chapter 7A.
(c) No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such motor vehicle is so designated in such a certificate.
(Acts 1951, No. 704, p. 1224, §19; Act 2011-688, p. 2076, §1.)
(a) The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by filing with the director a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate is registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to the provisions of this chapter, and the director shall accept the same upon condition that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1) The insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state; and
(2) The insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued herein.
(b) If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the director shall not thereafter accept as proof any certificate of the carrier whether theretofore filed or thereafter tendered as proof so long as such default continues.
(Acts 1951, No. 704, p. 1224, §20.)
(a) A motor vehicle liability policy, as the term is used in this chapter, means an owner’s or an operator’s policy of liability insurance, certified as provided in Section 32-7-20 or Section 32-7-21 as proof of financial responsibility, and issued, except as otherwise provided in Section 32-7-21, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named in the policy as insured.
(b) The owner’s policy of liability insurance:
(1) Shall designate by explicit description or by appropriate reference all motor vehicles to be insured; and
(2) Shall insure the person named in the policy and any other person, as insured, using any motor vehicle or motor vehicles designated in the policy with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, in the amount of not less than the minimum amounts set for bodily injury or death and for destruction of property under subsection (c) of Section 32-7-6.
(c) The operator’s policy of liability insurance shall insure the person named as insured in the policy against loss from the liability imposed upon him or her by law for damages arising out of the use by him or her of any motor vehicle not owned by him or her, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner’s policy of liability insurance.
(d) The motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged for the policy, the policy period, and the limits of liability and shall contain an agreement or be endorsed that insurance is provided under the policy in accordance with the coverage defined in this chapter for bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
(e) The motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any motor vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
(f) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained in the policy:
(1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be cancelled or annulled as to that liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. Any statement made by the insured or on his or her behalf and any violation of the policy shall not defeat or void the policy.
(2) The satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of injury or damage.
(3) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount of the settlement shall be deductible from the limits of liability specified in subdivision (2) of subsection (b) of this section.
(4) The policy, the written application for the policy, if any, and any rider or endorsement which does not conflict with this chapter shall constitute the entire contract between the parties.
(g) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage shall not be subject to this chapter. With respect to a policy which grants any excess or additional coverage, the term “motor vehicle liability policy” shall apply only to that part of the coverage which is required by this section.
(h) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for this chapter.
(i) Any motor vehicle liability policy may provide for the prorating of the insurance by its terms with other valid and collectible insurance.
(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet the requirements for a policy.
(k) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for a policy.
(Acts 1951, No. 704, p. 1224, §21; Acts 1993, 1st Ex. Sess., No. 93-903, p. 192, §3; Act 2008-393, p. 754, §1; Act 2011-688, p. 2076, §1.)
(a) No automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in subsection (c) of Section 32-7-6, under provisions approved by the Commissioner of Insurance for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided, that the named insured shall have the right to reject such coverage; and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with the policy previously issued to him or her by the same insurer.
(b) The term uninsured motor vehicle shall include, but is not limited to, motor vehicles with respect to which:
(1) Neither the owner nor the operator carries bodily injury liability insurance;
(2) Any applicable policy liability limits for bodily injury are below the minimum required under Section 32-7-6;
(3) The insurer becomes insolvent after the policy is issued so there is no insurance applicable to, or at the time of, the accident; and
(4) The sum of the limits of liability under all bodily injury liability bonds and insurance policies available to an injured person after an accident is less than the damages which the injured person is legally entitled to recover.
(c) The recovery by an injured person under the uninsured provisions of any one contract of automobile insurance shall be limited to the primary coverage plus such additional coverage as may be provided for additional vehicles, but not to exceed two additional coverages within such contract.
(Acts 1965, No. 866, p. 1614; Acts 1984, No. 84-301, p. 672, §4.)
(a) When an insurance carrier has certified a motor vehicle liability policy under Section 32-7-20 or a policy under Section 32-7-21, the insurance so certified shall not be cancelled or terminated until at least 10 days after a notice of cancellation or termination of the insurance so certified shall be filed in the office of the director; except, that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
(b) When the director has verified evidence of a motor vehicle liability policy using the online insurance verification system under subsection (b) of Section 32-7-20, the director shall continue to verify evidence of a motor vehicle liability policy using the online insurance verification system under subsection (b) of Section 32-7-20 for the applicable period.
(Acts 1951, No. 704, p. 1224, §22; Act 2011-688, p. 2076, §1.)
(a) This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
(b) This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured’s employ or on his or her behalf of motor vehicles not owned by the insured.
(Acts 1951, No. 704, p. 1224, §23.)
(a) Proof of financial responsibility may be furnished by a bond of a surety company duly authorized to transact business in this state, or by a bond with at least two individual sureties each owning real estate within this state and together having equities equal in value to at least twice the amount of such bond, which real estate shall be scheduled in the bond and approved both as to title and value by the judge of probate of the county in which such real estate is located. Such bond shall be conditioned for payments in amounts and under the same circumstances as would be required in a motor vehicle liability policy and shall not be cancelable except after 10 days’ written notice to the director. The principal and sureties shall execute and deliver an original and one copy of such bond and schedule and, in addition, when the real property or any part thereof listed or described in such schedule shall be located in more than one county, then as many extra copies as there are other counties in which such real property, or any part thereof, shall lie, to the probate judge to whom such bond is presented for approval, who shall endorse upon the original and the copy of such bond the date the same were presented to him or her; and such probate judge shall immediately file one of such extra copies in the probate office in each other county in which is located any of the real property so scheduled. Any probate judge who approves an extra copy of such bond shall endorse upon such copy the date upon which such extra copy was filed in his or her office and after recording the same shall return the extra copy thereof to the probate judge from whom he or she received the same. The latter, after tabulating the total value of the real estate described therein, shall, if he or she approves the same, endorse upon the original and a copy of such bond the fact and date of his or her approval and shall forward the bond to the director and deliver the extra copy or copies thereof to the principal. Such bond shall constitute a lien in favor of the state upon the real estate so scheduled of any surety from the time when a copy of such bond is filed in the probate office in and for the county in which such real property so scheduled is located, which lien shall exist in favor of any holder of a judgment against the person who has filed such bond.
(b) If such a judgment rendered against the principal on such bond shall not be satisfied within 60 days after it has become final, the judgment creditor may, for his or her own use and benefit and at his or her sole expense, bring an action or actions (in the name of the state) against the company or persons executing such bond, including an action or proceeding to enforce any lien that may exist upon the real estate of a person who has executed such bond.
(Acts 1951, No. 704, p. 1224, §24.)
(a) Proof of financial responsibility may be evidenced by the certificate of the State Treasurer that the person named in the certificate has deposited with him or her $50,000 in cash, or securities that may legally be purchased by savings banks or for trust funds of a market value of $50,000. The State Treasurer shall not accept the deposit and issue a certificate pursuant to this section and the director shall not accept the certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
(b) The deposit shall be held by the State Treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against the person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use of property resulting from the ownership, maintenance, use, or operation of a motor vehicle after the deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless the attachment or execution shall arise out of an action for damages as provided in this subsection.
(Acts 1951, No. 704, p. 1224, §25; Acts 1993, 1st Ex. Sess., No. 93-903, p. 192, §4.)
Whenever any person required to give proof of financial responsibility under this chapter is or later becomes an operator in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the director shall accept proof given by such owner in lieu of proof by such other person to permit such other person to operate a motor vehicle for which the owner has given proof as herein provided. The director shall designate the restrictions imposed by this section on the face of such person’s license.
(Acts 1951, No. 704, p. 1224, §26.)
The director shall consent to the cancellation of any bond or certificate of insurance or the director shall direct and the State Treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
(Acts 1951, No. 704, p. 1224, §27.)
Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the director shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresident’s operating privilege pending the filing of such other proof.
(Acts 1951, No. 704, p. 1224, §28.)
(a) The director shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the director shall direct and the State Treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the director shall waive the requirement of filing proof, in any of the following events:
(1) At any time after three years from the date such proof was required when, during the three-year period preceding the request, the director has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration, or nonresident’s operating privilege of the person by or for whom such proof was furnished; or
(2) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
(3) In the event the person who has given proof surrenders his or her license and registration to the director.
(b) The director shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied or in the event the person who has filed such bond or deposited such money or securities has within one year immediately preceding such request been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he or she has been released from all of his or her liability or has been finally adjudicated not to be liable for such injury or damage shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the director.
(c) Whenever any person whose proof has been cancelled or returned under subdivision (3) of subsection (a) of this section applies for a license or registration within a period of three years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such three-year period.
(Acts 1951, No. 704, p. 1224, §29.)
If an owner’s registration has been suspended hereunder, such registration shall not be transferred nor the motor vehicle in respect of which such registration was issued registered in any other name until the director is satisfied that such transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter. Nothing in this section shall in anywise affect the rights of any conditional vendor, chattel mortgagee, or lessor of a motor vehicle registered in the name of another as owner who becomes subject to the provisions of this section.
(Acts 1951, No. 704, p. 1224, §30.)
Any person whose license or registration shall have been suspended as provided in this chapter, or whose policy of insurance or bond, when required under this chapter, shall have been cancelled or terminated or who shall neglect to furnish other proof upon request of the director shall immediately return his or her license and registration to the director. If any person shall fail to return to the director the license or registration as provided herein, the director shall forthwith direct any peace officer to secure possession thereof and to return the same to the director.
(Acts 1951, No. 704, p. 1224, §31.)
(a) Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the director as provided in subsection (b) of this section.
(b) The director may, in his or her discretion, upon the application of such a person, issue a certificate of self-insurance when he or she is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.
(c) Upon not less than five days’ notice and a hearing pursuant to such notice, the director may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
(Acts 1951, No. 704, p. 1224, §34.)
(a) After consultation with insurance companies authorized to issue motor vehicle liability policies in this state, the Commissioner of Insurance shall approve a reasonable plan, to be known as the Alabama Automobile Insurance Plan, for the equitable apportionment of costs among insurance companies for motor vehicle liability policy applicants for motor vehicle liability policies who are unable to procure such policies through ordinary methods. The Alabama Automobile Insurance Plan shall be administered in accordance with the plan by a governing committee, consisting of members approved by the commissioner. Once the commissioner approves the plan, all insurance companies authorized to issue motor vehicle liability policies in this state shall subscribe to the plan.
(b) The governing committee may authorize one or more service providers to issue motor vehicle liability policies in the name of the Alabama Automobile Insurance Plan and provide policyholder and claims services. Any policy issued pursuant to this section shall be recognized as if issued by an insurance company authorized to issue insurance in this state. The policy shall be considered as proof of financial responsibility or insurance pursuant to Chapter 7 and Chapter 7A or any other applicable requirement of state law.
(c) Any applicant for, or any person insured by a policy provided under the Alabama Automobile Insurance Plan, and any insurance company affected by the administration of the plan may appeal to the commissioner from any ruling or decision of the governing committee. Any person aggrieved hereunder by any order or act of the commissioner, within 10 days after notice thereof, may file a petition in the Circuit Court of Montgomery County, Alabama, for a review thereof. The court shall summarily hear the petition and may enter any appropriate order or judgment.
(d) This section shall not revoke any exception granted to the automobile assigned risk plan under any other provision of this code.
(e) Annually, the governing committee shall file an audited financial report with the commissioner.
(f) The commissioner may establish regulations required to implement the purposes of this section.
(Acts 1951, No. 704, p. 1224, §35, Act 2024-38, §1.)
This chapter shall not apply with respect to any motor vehicle owned by the United States, this state or any political subdivision of this state or any municipality therein; nor, except for Sections 32-7-5 and 32-7-28, with respect to any motor vehicle which is subject to the supervision and regulation of the Alabama Public Service Commission which have filed with such commission a bond or insurance policy, the liability under which is not less than that required of the operator of a motor vehicle under the terms of this chapter. Any person, firm, association, or corporation licensed and engaged in the business of renting or leasing motor vehicles to be operated on the public highways shall only be required to furnish proof of financial ability to satisfy any judgment or judgments rendered against the person, firm, association, or corporation in his or her or its capacity as owner of the motor vehicles and shall not be required to furnish proof of its financial ability to satisfy any judgment or judgments rendered against the person to whom the motor vehicle was rented or leased at the time of the accident.
(Acts 1951, No. 704, p. 1224, §33.)
(a) Failure to report an accident as required in Section 32-7-5 shall be punished by a fine not in excess of $25.00, and in the event of injury or damage to the person or property of another in such accident, the director shall suspend the license of the person failing to make such report or the nonresident’s operating privilege of such person until such report has been filed and for such further period not to exceed 30 days as the director may fix.
(b) Any person who gives information required in a report or otherwise as provided for in Section 32-7-5, knowing or having reason to believe that such information is false, or who shall forge or, without authority, sign any evidence of proof of financial responsibility, or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both.
(c) Any person whose license or registration or nonresident’s operating privilege has been suspended or revoked under this chapter and who, during such suspension or revocation drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except as permitted under this chapter, shall be fined not more than $500.00 or imprisoned not exceeding six months, or both.
(d) Any person willfully failing to return license or registration as required in Section 32-7-33 shall be fined not more than $500.00 or imprisoned not to exceed 30 days, or both.
(e) Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be fined not more than $500.00 or imprisoned not more than 90 days, or both.
(Acts 1951, No. 704, p. 1224, §32.)
The Director of Public Safety, subject to the provisions of the merit system, may appoint such clerical assistants, stenographers, or employees as may be necessary to discharge the duties imposed by this chapter. The salaries of such clerical assistants, stenographers, and employees and all expenses incurred incident to carrying out their duties shall be paid in the same manner as those of other state employees.
(Acts 1951, No. 704, p. 1224, §40.)
This chapter shall in no respect be considered as a repeal of the state motor vehicle laws, but shall be construed as supplemental thereto.
(Acts 1951, No. 704, p. 1224, §36.)
Nothing in this chapter shall be construed as preventing the plaintiff in any civil action from relying for relief upon the other processes provided by law.
(Acts 1951, No. 704, p. 1224, §38.)
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
(Acts 1951, No. 704, p. 1224, §39.)
Enforcement and investigative activities as they relate to Act 2011-688 shall not be based on an individual’s race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, economic status, or geography.
(Act 2011-688, p. 2076, §7.)
This chapter may be cited as the Mandatory Liability Insurance Act.
(Act 2000-554, p. 1005, §1.)
(a) For the purposes of this chapter, the following terms shall have the following meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(1) CERTIFICATE OF INSURANCE. A document issued by an insurer or its authorized representative showing that a specific vehicle is insured for no less than the minimum limits of liability coverage for bodily injury or death and for destruction of property under subsection (c) of Section 32-7-6.
(2) COMMERCIAL AUTOMOBILE LIABILITY INSURANCE POLICY. An insurance policy that:
a. Is written on either a commercial coverage or other commercially rated personal policy form, including, but not limited to, a commercial auto, garage, or truckers form, and is not dependent on the type, number, or ownership of vehicle or entity covered or insured.
b. Insures vehicles that are not identified individually by vehicle identification number on the policy.
(3) COMMISSIONER. The Commissioner of the Department of Revenue or his or her designee.
(4) DEALER. Any person dealing in, buying, selling, exchanging, advertising, or negotiating the sale of motor vehicles and licensed under Section 40-12-391.
(5) DECLARATIONS PAGE. That part of an insurance policy showing the name of the insured, insuring company, the vehicle make, the year model, the vehicle identification number (VIN), the policy number, the amount of coverage or coverages, and the effective and expiration dates of the policy.
(6) DEPARTMENT. The Department of Revenue.
(7) DEPOSIT OF CASH. Funds deposited with and held by the State Treasurer as security for payment by the depositor, or by any person responsible for the depositor’s motor vehicle with his or her express or implied consent, of all judgments rendered against the depositor or other authorized operator of the depositor’s motor vehicle arising from injury, death, or damage sustained through use, operation, maintenance, or control of the motor vehicle within the State of Alabama.
(8) DIRECTOR or SECRETARY. The Secretary of the Alabama State Law Enforcement Agency, or his or her designee.
(9) INSURANCE BINDER. A document issued by an insurer or its authorized representative showing that a specific vehicle is insured for no less than the minimum limits of liability coverage for bodily injury or death and for destruction of property under subsection (c) of Section 32-7-6.
(10) INSURANCE COMMISSIONER. The Commissioner of the Department of Insurance, or his or her designee.
(11) LIABILITY INSURANCE POLICY. An owner’s or an operator’s personal automobile liability insurance policy, issued by an insurance carrier duly authorized to transact business in this state.
(12) MOTOR VEHICLE. Every self-propelled vehicle that is designed to be operated on the streets and highways of Alabama, but not operated upon rails.
(13) MOTOR VEHICLE LIABILITY BOND. A bond of a surety company duly authorized to transact business in this state, which is conditioned for payments in amounts and under the same circumstances as would be required in a motor vehicle liability insurance policy.
(14) NAIC NUMBER. A unique identification number assigned to the insurance company by the National Association of Insurance Commissioners.
(15) NON-ADMITTED COMPANY. An insurance company not licensed to conduct business in this state which sells coverage that is unavailable from licensed insurers within this state.
(16) NON-OWNER POLICY. An insurance policy issued for persons who drive but do not own the insured vehicle.
(17) ONLINE INSURANCE VERIFICATION SYSTEM. An online insurance verification system using web services as defined in Section 32-7B-2.
(18) OPERATOR. Every person who is in actual physical control of a motor vehicle.
(19) OWNER. Any of the following persons:
a. A person or persons holding the legal title to a motor vehicle, unless paragraph b. or c. is applicable.
b. The mortgagor, debtor, conditional vendee, or lessee of a vehicle that is the subject of a chattel mortgage, lien, agreement for the conditional sale thereof, lease or other like agreement with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the mortgagor, debtor, conditional vendee, or lessee, in which event the mortgagor, debtor, conditional vendee, or lessee shall be deemed the owner for purposes of this chapter.
c. The lessee of a vehicle owned by the United States of America or any of its agencies or instrumentalities.
(20) PERSON. Every natural person, firm, partnership, association, estate, trust, corporation, limited liability partnership, limited liability company, or other entity.
(21) REGISTRANT. The vehicle owner or operator who is issued a registration for a motor vehicle.
(22) REGISTRATION. The certificate or certificates and license plates issued under the laws of this state pertaining to the registration of motor vehicles.
(23) SIGNATURE. A unique mark, process, or verification in a manner prescribed by the department, as provided in Section 40-1-1.
(24) STATE. Any state, territory or possession of the United States, the District of Columbia, any province or territory of the Dominion of Canada, or a state of the Republic of Mexico.
(25) SUSPENSION. The withdrawal by formal action of the department of a vehicle’s registration as specified by this chapter.
(b) The terms “liability insurance policy,” “deposit of cash,” and a “motor vehicle liability bond” are used interchangeably throughout this chapter.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §2; Act 2019-446, §1.)
(a) The department shall administer and enforce the provisions of this chapter and shall make such reasonable rules and regulations concerning any matter administered in this chapter and shall provide for hearings upon the request of persons aggrieved by orders or acts of the department under the provisions of this chapter.
(b) The department may prescribe and provide suitable notices and forms necessary to carry out the provisions of this chapter.
(c) The department:
(1) May make necessary investigations to procure information required to carry out the provisions of this chapter.
(2) Shall suspend the motor vehicle registrations pursuant to the provisions of this chapter.
(3) Shall require insurance companies doing business in this state to regularly report the vehicle identification numbers covered by their mandatory liability insurance policies in a manner specified by the department.
(4) May operate a pilot program to study the extent of the uninsured motorist problem in this state, to make operational changes that it sees necessary in order to reduce the number of uninsured motorists, and to manage the registration selection, suspension, and reinstatement processes in the most productive manner possible. Funding for the pilot program, including performance-based or fixed fees, or both, shall be derived from registration reinstatement fees.
(5) May enter into a personal services contract with a consulting firm having personnel with extensive operational and management experience in the development, deployment, and operation of insurance verification programs. This firm shall assist in operating a pilot program by analyzing and using available data to share nationally-recognized best practices for operating insurance verification programs, to study existing and planned practices and implement recommendations for improvement, and to have responsibility for reducing uninsured motorist rates in this state.
(d) At any time within 30 calendar days after the rendition of any suspension, or decision under the provisions of this chapter, any person may appeal to the administrative law judge pursuant to Section 40-2A-8. After exhausting his or her appeal rights provided under Section 40-2A-8, and, upon providing evidence of payment of the reinstatement fee provided in this chapter, the person may appeal to the circuit court. The appeals to the administrative law judge or circuit court shall be as provided in Section 40-2A-9.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §2.)
(a) No person shall operate, register, or maintain registration of, and no owner shall permit another person to operate, register, or maintain registration of, a motor vehicle designed to be used on a public highway unless the motor vehicle is covered by a liability insurance policy, a commercial automobile liability insurance policy, motor vehicle liability bond, or deposit of cash.
(b)(1) For motor vehicles registered in this state, all of the following shall apply:
a. The liability insurance policy or commercial automobile liability insurance policy shall be issued in amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 32-7-6(c).
b. The motor vehicle liability bond shall be in the amount of not less than the minimum amounts of liability coverage for bodily injury or death and for destruction of property under Section 32-7-6(c). The bond shall be conditioned on the payment of the amount of any judgment rendered against the principal in the bond or any person responsible for the operation of the principal’s motor vehicle with his or her express or implied consent, arising from injury, death, or damage sustained through the use, operation, maintenance, or control of the motor vehicle within the State of Alabama.
c. The deposit of cash with the State Treasurer shall be in the amount of not less than the minimum amounts set for bodily injury or death and for destruction of property under Section 32-7-6(c).
(2) For motor vehicles registered in another state, the liability insurance policy, commercial automobile liability insurance policy, motor vehicle liability bond, or deposit of cash shall conform to the requirements of the laws of the state of registration.
(c) Only an insurer authorized to do business in this state shall issue a policy pursuant to this section for any vehicle subject to registration under Chapter 12 of Title 40. Nothing in this section shall deprive an insurer of any policy defense available at common law.
(d) Notwithstanding subsection (c), any insurance policies issued by non-admitted insurance companies procured through Alabama licensed surplus lines insurance brokers, pursuant to Section 27-10-20 for the amounts prescribed under Section 32-7-6(c), shall be deemed to be in compliance with this chapter if the brokers are licensed with the Department of Insurance and the brokers transfer all required insurance information in the manner and frequency as prescribed by the department.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §2; Act 2025-345, §1.)
(a) This chapter shall not apply to any of the following vehicles or operators:
(1) Trailers as defined in Section 40-12-240, including, but not limited to, semitrailers, travel trailers, boat trailers, pole trailers, and utility trailers.
(2) Motor vehicles owned and operated by the United States or any agency thereof, the State of Alabama, or any political or governmental subdivision thereof.
(3) Any motor vehicle that is subject to the supervision and regulation of the Federal Motor Carrier Safety Administration or the Alabama Public Service Commission and for which the owner or operator has filed evidence of financial responsibility, the liability under which is not less than that required of the operator of a motor vehicle under the terms of this chapter.
(4) Motor vehicles covered by a certificate of self-insurance issued by the director under Section 32-7-34.
(5) Other motor vehicles complying with laws that require the vehicles to be insured in amounts meeting or exceeding the minimum amounts required under Section 32-7-6(c).
(6) Implements of husbandry as defined in Section 32-8-2.
(7) Any vehicle moved solely by animal power.
(8) Special mobile equipment, as defined in Section 32-8-2.
(9) Inoperable or stored motor vehicles; provided, however, that this does not relieve or nullify any affirmative duty to maintain insurance coverage pursuant to a security agreement.
(10) Motor vehicles owned by a licensed motor vehicle dealer, wholesaler, or rebuilder and held in inventory which are covered by a blanket liability insurance policy or commercial automobile liability insurance policy.
(11) Vehicles owned by a bank, a subsidiary or affiliate of a bank, or finance company, acquired as an incident to their regular business which are covered by a blanket liability insurance policy or commercial automobile liability insurance policy.
(12) Vehicles as prescribed by the commissioner which are covered by a blanket liability insurance policy or commercial automobile liability insurance policy.
(b) An individual on active duty with the United States Armed Forces whose motor vehicle is registered in this state but who, as a result of his or her military duty or assignment is required to reside in another state during the registration period as defined under Section 32-6-61, may satisfy the requirements of this chapter by purchasing liability coverage in the state where residing on active military duty or assignment equal to or greater than the minimum amount required by Section 32-7A-4 and providing proof of coverage. An individual’s purchase of liability coverage under this subsection shall not invalidate his or her license or registration in this state pursuant to Chapter 6.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §2; Act 2019-446, §1; Act 2023-127, §1; Act 2023-479, §1; Act 2025-345, §1.)
(a) Every operator of a motor vehicle subject to the provisions of Section 32-7A-4 shall carry within the vehicle evidence of insurance. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by an Alabama liability insurance policy or an Alabama commercial automobile liability insurance policy as required under Section 32-7A-4, or, if the motor vehicle is registered in another state, evidence of insurance which conforms to the requirements of the laws of the state in which the vehicle is registered. The evidence may include, but is not limited to, the following:
(1) An insurance card, or temporary insurance card, provided by the insurer or an authorized representative under this section.
(2) The combination of proof of purchase of the motor vehicle within the previous 20 calendar days and a current and valid insurance card issued for the motor vehicle replaced by the purchase.
(3) The current declarations page of an Alabama liability insurance policy.
(4) An Alabama liability insurance binder, or legible copy thereof, Alabama certificate of liability insurance, or legible copy thereof; provided the document contains all information required in this chapter.
(5) A current motor vehicle rental agreement for the vehicle, which specifies insurance coverage by the rental company or the operator in the minimum amounts, provided in Section 32-7-6(c).
(b) The insurer issuing the Alabama liability insurance policy or the Alabama commercial automobile liability insurance policy shall provide an Alabama insurance card for each motor vehicle insured which shall contain the following information:
(1) The vehicle year model.
(2) The vehicle make.
(3) The vehicle identification number (VIN).
(4) The name of the insured(s).
(5) The name of the insurance company.
(6) The Alabama policy number - not required on temporary insurance card.
(7) The effective date and expiration date, which shall cover a period of time not to exceed 12 months.
(8) Insurance company’s NAIC number.
(c) Notwithstanding the foregoing, if the insurance card is issued for a commercial automobile liability insurance policy, the card may state “FLEET,” “COMMERCIAL,” “COMMERCIAL POLICY,” or “COMMERCIAL EXEMPT” in lieu of vehicle years, makes, and VINs if vehicle years, makes, and VINs are not captured by the insurer. If the vehicle years, makes, and VINs are captured by the insurer, then the insurer may provide such information on the insurance card, but must state “FLEET,” “COMMERCIAL,” “COMMERCIAL POLICY,” or “COMMERCIAL EXEMPT” on the insurance card. If the insurance card is issued for a nonowner policy, the card may state “NONOWNER POLICY” in lieu of the vehicle year, make, and VIN.
(d) All required information shall appear on the front of the card. The insurance card may include other information at the discretion of the insurer. Insurance companies may allow authorized representatives to issue temporary insurance cards to satisfy the requirements of this chapter. Temporary insurance cards are not required to have the policy number but shall contain all other required information.
(e) No insurer shall issue a card, similar in appearance, form, and content to the insurance card required under this section, in connection with an Alabama insurance policy that does not provide the liability insurance coverage required under Section 32-7A-4.
(f) Insurance binders, certificates of liability insurance, and other evidence of insurance as required under this section, must meet the following requirements, except where noted:
(1) Insurance company name.
(2) Alabama Policy number - not required on a binder or temporary insurance card.
(3) Effective date.
(4) Expiration date.
(5) Name of insured(s).
(6) Vehicle year model - not required if issued for a commercial automobile liability insurance policy or for a nonowner policy.
(7) Vehicle make - not required if issued for a commercial automobile liability insurance policy or for a nonowner policy.
(8) Vehicle identification number - not required if issued for a commercial automobile liability insurance policy or for a nonowner policy.
(9) Signature of authorized representative.
(g) The combination proof of purchase of a motor vehicle, as provided in subsection (a), shall consist of a legible copy of the legal bill of sale if the motor vehicle is not subject to the provisions of the Alabama Uniform Certificate of Title and Antitheft Act, or the owner’s copy of the application for certificate of title for a motor vehicle subject to the provisions of the Alabama Uniform Certificate of Title and Antitheft Act, or an Alabama certificate of title issued in the name of the vehicle owner or operator.
(h) The evidence of insurance shall be presented upon request made by any law enforcement officer wearing a uniform or presenting a badge, or both, or other sign of authority. Any person who fails or refuses to comply with such request is in violation of Section 32-7A-16 unless evidence of motor vehicle liability insurance or other evidence of financial responsibility as provided in this chapter is verified through the online insurance verification system. Any person who presents evidence of insurance, knowing there is no valid liability insurance in effect on the motor vehicle as required under Section 32-7A-4 or knowing the evidence of insurance is illegally altered, counterfeit, or otherwise invalid, is in violation of Section 32-7A-16.
(i) The evidence of insurance may be provided in either a tangible format or in an electronic format. Acceptable electronic formats include the display of electronic images on a cellular phone or other electronic device.
(j) The use of a cellular phone or other electronic device to display evidence of insurance does not constitute consent for law enforcement or other governmental employees to access any other content on the electronic device. Any law enforcement officer or other governmental employee presented with an electronic device pursuant to this section shall be subject to Section 36-1-12 for damages to the electronic device resulting from acts taken when viewing the device pursuant to this section.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §2; Act 2015-506, 1st Sp. Sess., p. 1827, §1; Act 2025-345, §1.)
(a) The department may review registrations of motor vehicles subject to Section 32-7A-4, or owners thereof, for the purpose of verifying whether or not the motor vehicles are insured through an online insurance verification system. If the department cannot verify the insurance status of a vehicle using the online insurance verification system or other such method for deposits of cash or motor vehicle insurance liability bonds, the department may send owners requests for information about their motor vehicles and liability insurance in accordance with subsections (d) and (e).
(b) In addition to such review of motor vehicle registrations in subsection (a), the department may select and review for verification other sources of information including, but not limited to, registrations of motor vehicles owned by persons:
(1) Whose motor vehicle registrations have been suspended pursuant to Section 32-7A-12 or any other provision of this chapter.
(2) Who have been convicted of violating Section 32-7A-16 while operating vehicles owned by other persons.
(3) Whose driving privileges have been suspended or revoked.
(4) Who have received a disposition of supervision by the courts of this state for a violation of the provisions of this chapter.
(c) The director shall provide to the department, in a manner designated by the department, the name of an owner or operator of any motor vehicle involved in an accident without liability insurance who is determined not to be subject to the suspension by the director pursuant to the provisions of Section 32-7-6. The director shall also provide to the department, in a manner designated by the department, the name of an owner or operator of any motor vehicle that has been found in violation of Section 32-7A-16.
The department may then verify whether or not at the time of the accident such motor vehicle was covered by a liability insurance policy or commercial automobile liability insurance policy in accordance with Section 32-7A-4.
(d) The department may send to owners of selected motor vehicles or to selected motor vehicle owners, requests for information about their motor vehicles and liability insurance coverage. The request shall require the owner to provide:
(1) Whether or not the motor vehicle was insured on the verification date stated in the department’s request, and the reason no insurance existed for the vehicle if not insured.
(2) The name, address, NAIC number, and telephone number of the insurance company that insures the motor vehicle.
(3) The effective date of the policy and the expiration date of the policy.
(4) The owner’s signature.
(5) The policy number.
(e) Within 30 calendar days after the department mails a request, the owner to whom it is sent shall furnish the requested information to the department in a manner as prescribed by the department. Evidence of insurance in effect on the verification date, as prescribed by the department, may be considered by the department to be a satisfactory response to the request for information.
(f) Any owner whose response indicates that his or her vehicle did not have liability insurance coverage on the insurance verification date in accordance with Section 32-7A-4 shall be deemed to have registered or maintained registration of a motor vehicle in violation of that section. Any owner who fails to respond to such a request shall be deemed to have registered or maintained registration of a motor vehicle in violation of Section 32-7A-4.
(g) If the owner responds to the request for information by asserting that his or her vehicle did have liability insurance coverage in accordance with Section 32-7A-4 on the verification date stated in the department’s request, the department may conduct a verification of the response by furnishing necessary information to the insurer named in the response. The insurer shall within 30 calendar days inform the department if on the verification date stated the motor vehicle was not insured by the insurer in accordance with Section 32-7A-4 or the department may verify the response by using the online insurance verification system.
(h) No review of registration selected under this section shall be categorized on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, economic status, or geography.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §2.)
When the department determines that an owner has registered or maintained the registration of a motor vehicle without a liability insurance policy or a commercial automobile liability insurance policy in accordance with Section 32-7A-4, the department, following the expiration of the 30-day period from the date of the notice provided under Section 32-7A-11, shall notify the owner that such owner’s vehicle registration has been suspended. The notice shall be in writing and shall be mailed by the U.S. Postal Service, to the registrant’s last known address as reflected on the department’s motor vehicle registration records. The notice shall set forth the appeal rights available to the registered owner pursuant to Chapter 2A of Title 40.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §2; Act 2019-446, §1.)
An insurer shall allow access through an online insurance verification system to verify insurance status in accordance with Section 32-7A-7.
(Act 2000-554, p. 1005, §1; Act 2001-344, p. 446, §1; Act 2006-221, p. 381, §1; Act 2010-716, p. 1775, §§1, 2; Act 2011-688, p. 2076, §3.)
(a) If any insurance company shall fail to consistently allow access through an online insurance verification system to verify coverage of motor vehicle liability insurance coverage, the department shall notify the Insurance Commissioner of any and all violations by an insurer of Sections 32-7A-9 and 32-7B-5.
(b) The department shall prescribe the form and manner of transmission for the purposes of notifying the Insurance Commissioner under subsection (a).
(c) The Insurance Commissioner may impose a fine of up to five thousand dollars ($5,000) per violation following a hearing, if, after receiving a notice of a potential violation of any material provision of Section 32-7A-9 or 32-7B-5 from the Insurance Commissioner, it is found that an insurer willfully violated a section listed in the notice.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
(a)(1) When the department is unable to verify that liability insurance coverage exists for a motor vehicle registered or required to be registered in this state, the department shall send the registrant notice via U.S. mail at the last known address as reflected on the department’s motor vehicle registration records. The notice shall require that the registrant, within 30 calendar days of the date of the notice, provide evidence of continuous liability insurance coverage for the vehicle for the period specified by the department. The registration will be suspended unless either:
a. The registrant responds within the required time frame and the response establishes that the registrant has not had a lapse in liability insurance coverage. The department shall then indicate in its records that the insured is in compliance with this chapter.
b. The registrant responds within the required time frame that, after the registration date, he or she did not operate the vehicle during the lapse in coverage due to the motor vehicle being stored, inoperable, or otherwise unused as prescribed by the department. The registrant may claim the stored or inoperable exemption provided under this subdivision only if all of the following conditions are satisfied:
The registrant surrenders the registration and associated license plate to the registrant’s license plate issuing official within 30 days from the date of the notice sent pursuant to this subsection.
The registrant has not claimed a stored or inoperable exemption under this subdivision during the current registration period for the registered vehicle.
During the lapse in coverage, the registered vehicle was not involved in an accident while operated on a public road or highway.
During the lapse in coverage, the registrant or a driver of the registered vehicle was not subject to or issued a citation while operating the registered vehicle on a public road or highway.
(2) If each of the conditions in subdivision (1) is satisfied, the current registration shall be revoked and the department shall update its records to reflect that the registration is revoked for the remainder of the registration period. In the event the motor vehicle for which the registration has been revoked is no longer stored, inoperable, or otherwise unused as prescribed by the department, a new registration and license plate must be obtained prior to operating the vehicle. The department may establish by rule an extension to the 30 day surrender period if the registrant cannot return the license plate for good cause.
(b) Except as provided in subdivision (2) of subsection (a), if the registrant subsequently provides, in a manner as prescribed by the department, proof of subsequent liability insurance coverage for the vehicle during the current registration period, the registration shall be reinstated.
(c) Any operator of a motor vehicle for which the registration has been revoked shall be subject to citation by law enforcement in accordance with Section 32-7A-16.
(d) The notice required under subsection (a) shall include notice of the following:
(1) That the stored or inoperable exemption provided for in subdivision (2) of subsection (a) can be claimed only once during a registration period.
(2) That once this exemption is claimed during a registration period, reinstatement of the vehicle’s registration following any further lapse in coverage during the registration period will require the payment of the reinstatement fees provided under Section 32-7A-12.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3; Act 2019-446, §1.)
(a) The department shall suspend the vehicle registration of any motor vehicle determined to be in violation of Section 32-7A-4, including any motor vehicle operated in violation of Section 32-7A-16 by an operator other than the owner of the vehicle. Neither the fact that, subsequent to the date of verification or violation, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle shall have any bearing upon the required suspension.
(b) The registration of any motor vehicle registered in this state shall be suspended upon the department receiving notice of the conviction of the operator of the motor vehicle in another state of an offense which, if committed in this state, would constitute a violation of Section 32-7A-4. Until it is terminated, any suspension under this chapter shall remain in force even if the registration is renewed or a new registration is acquired for the motor vehicle contrary to Section 32-7A-17.
(c) In the case of a first violation, the department shall terminate the suspension upon payment by the owner of a reinstatement fee of two hundred dollars ($200) in a manner as prescribed by the department and submission of proof of current insurance as prescribed by the department to either the vehicle owner’s county license plate issuing official, the circuit clerk of any county, or the Administrative Office of Courts. Upon a first violation, the owner’s name and identifying information shall be provided to the director by the department, for the purpose of requiring the owner to purchase and maintain insurance pursuant to Section 32-7-13 or Section 32-7-31, or both, for a period of one year.
(d) In the case of a second or subsequent violation by a person having ownership interest in a motor vehicle or vehicles within the preceding two registration years, or a violation of Section 32-7A-16(b)(2), the department shall terminate the suspension upon payment by the owner of a reinstatement fee of four hundred dollars ($400) in a manner as prescribed by the department and submission of proof of current insurance as prescribed by the department to the vehicle owner’s county license plate issuing official, the circuit clerk of any county, or the Administrative Office of Courts. In the case of a second or subsequent violation, the owner’s name and identifying information shall be provided to the director by the department, for the purpose of the director requiring the owner to purchase and maintain insurance pursuant to Section 32-7-13 or Section 32-7-31, or both, for a period of two registration years. Upon conviction of a second offense the violator shall be guilty of a Class B misdemeanor.
(e) The registrant shall not be subject to the reinstatement fees provided in subsections (c) and (d) and the suspension shall be terminated if it can be verified that liability coverage was in effect on the insurance verification date.
(f) In accepting the reinstatement fee and proof of current insurance, the owner’s county license plate issuing official, the circuit clerk of any county, or the Administrative Office of Courts shall be responsible for notifying and forwarding, not later than the next business day, any required documentation concerning the reinstatement of motor vehicle registration or registrations to the department in the manner prescribed by the department.
(g) Except as provided in subsections (h) and (j), a portion of the fees received under this section by the department shall be used by the department exclusively for the operation and management of the mandatory liability insurance law and this article. After the payment of the expenses, the remaining funds shall be deposited into the General Fund; provided, if the fees are collected by the owner’s county license plate issuing official, the official shall remit the fee to the department, except for 15 percent of the fee, which shall be retained by the official and distributed 50 percent to the county license plate issuing official and 50 percent to the county general fund. The retained fees distributed to the county license plate issuing official shall be deposited into a special fund designated as the Special Licensing Officials’ Fund. The special fund shall be used for taxpayer education of the requirements of this chapter and the improvement of the equipment and operations in the office of the licensing official charged with motor vehicle registration and titling responsibilities and shall be in addition to the amount budgeted for the office of the official. Fees deposited into the special fund shall be disbursed at the sole discretion of the license plate issuing official and shall be audited by the Examiners of Public Accounts. Such moneys in the special fund shall not exceed twenty-five thousand dollars ($25,000) at the end of any fiscal year, provided however that balances in excess of the twenty-five thousand dollar ($25,000) cap may be carried over on a monthly basis prior to the close of each fiscal year. Any excess moneys shall accrue to the county general fund. License plate issuing officials shall remit the balance of the funds to the department in the manner prescribed by the department on or before the 20th day of the month following the month of collection.
(h) If the reinstatement fees are collected by the Administrative Office of Courts, it shall remit the fee to the department, except for 15 percent of the fee, which shall be retained in its entirety by the Administrative Office of Courts. If the reinstatement fees are collected by the circuit clerk, it shall remit the fee to the department, except for 15 percent of the fee, which shall be retained by the circuit clerk and distributed evenly between the circuit clerk’s office and the Administrative Office of Courts. Any portion of the reinstatement fee due to the Administrative Office of Courts shall be deposited into the Advanced Technology and Data Exchange Fund established pursuant to Section 12-19-290. Any portion of the reinstatement fee due to the circuit clerk shall be deposited into the Clerk’s Fund established pursuant to Section 12-17-225.4(2).
(i) Refunds of reinstatement fees, less the retained fees, shall be granted in cases of duplicate payment, or as approved by the department. Anyone who is denied a refund of the reinstatement fee may appeal the denial to the Alabama Tax Tribunal pursuant to Section 40-2A-7.
(j) Notwithstanding the provisions of subsection (g), 15 percent of the net proceeds received by the department shall be deposited by the department into the Alabama Peace Officers’ Annuity and Benefit Fund, as authorized by Section 36-21-66.
(k) It shall be unlawful for the vehicle owner’s county license plate issuing official to fail to collect such reinstatement fees, when due. Additionally, the reinstatement fee shall not be waived by the court when the vehicle owner cannot produce evidence that a valid liability insurance policy was in effect on the date a citation was issued for violation of this chapter.
(l) The terms circuit clerk and circuit clerk’s office as used in any part of this chapter shall also include any district clerk or district clerk’s office that functions separately from the office of the circuit clerk pursuant to Section 12-17-161.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3; Act 2019-446, §1.)
All officials authorized by law to register motor vehicles, issue motor vehicle license plates, and to perform other duties in connection with the issuance of motor vehicle license plates shall refuse to register or re-register a motor vehicle or refuse to transfer the license plates if the registration is suspended pursuant to Section 32-7A-12.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act which, if done directly by him or her, would be a felony or a misdemeanor under a provision of this chapter, is guilty of the same felony or misdemeanor.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
A person is guilty of a Class C felony who, with fraudulent intent:
(1) Alters, forges, or counterfeits an insurance card to make it appear valid.
(2) Makes, sells, or otherwise makes available an invalid or counterfeit insurance card, or other evidence of insurance.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
(a) A person is guilty of a Class C misdemeanor who:
(1) Operates a motor vehicle without a liability insurance policy, a commercial automobile liability insurance policy, a motor vehicle liability insurance bond, or deposit of cash in accordance with this chapter.
(2) With notice of cancellation, recision, abrogation, or termination of insurance, registers, or attempts to register a motor vehicle.
(b) A person shall be guilty of a traffic violation who:
(1) Operates a motor vehicle and upon demand of a law enforcement officer, fails or refuses to present satisfactory evidence of insurance unless a law enforcement officer verifies motor vehicle liability insurance coverage through the online insurance verification system.
(2) Operates a vehicle the registration of which is suspended or revoked pursuant to this chapter.
(3) Operates a motor vehicle and presents evidence of insurance when there is no valid insurance in effect on the motor vehicle as required by this chapter.
(c) A motor vehicle may be impounded at the discretion of a law enforcement officer if the operator fails to provide evidence of registration and insurance as required by this title or Title 40. Evidence of registration and insurance may be verified through the online insurance verification system and other electronic means as necessary.
(d) For the purposes of this chapter, ”operating a motor vehicle” shall be satisfied whenever it is apparent that the vehicle has traveled any distance upon a public road or highway and a law enforcement officer may have only observed the results of finding the vehicle stopped either on or off the public road or highway, as for example when the vehicle has come to a stop after an accident. Witnessing the operation of the vehicle is not required for a citation to be issued under this chapter.
(e)(1) In no case shall a motor vehicle for which a traffic stop has been conducted or which has been involved in an accident continue to be operated on a public road or highway if the operator of the motor vehicle fails to provide evidence of registration and insurance as required by Section 32-7A-4, this title, or Title 40, and in such event the following shall apply:
a. For a first violation within a two-year registration period, the law enforcement officer shall direct the motor vehicle to be moved to a place of safety away from the roadway.
b. For a second violation within a two-year registration period, the law enforcement officer shall direct an approved towing service to tow the vehicle to a location of the operator’s choice and to release the motor vehicle to the owner, operator, or agent thereof upon payment of any fees associated with the towing, impoundment, and storage of the vehicle.
c. For a third or subsequent violation within a two-year registration period, the law enforcement officer shall cause the vehicle to be impounded. The motor vehicle may not be released to the operator, owner, or agent thereof until the requirements of Section 32-7A-4 are satisfied and all reasonable and customary towing, impoundment, and storage fees are paid.
(2) Any towing service that removes a motor vehicle at the direction of a law enforcement officer shall have a lien on the motor vehicle for all reasonable and customary fees related to the towing, impoundment, and storage of a motor vehicle as provided in Section 32-6-19(c)(2).
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3; Act 2023-479, §1.)
(a) License plate issuing officials shall not register or re-register a motor vehicle or transfer the license plates if the registration is suspended pursuant to Section 32-7A-12.
(b) Notwithstanding subsection (a), upon the request of the registrant, the license plate issuing official shall reinstate a registrant’s suspended registration at such time the registrant meets the provisions of reinstatement provided for by this chapter.
(c) No vehicle registration or renewal thereof shall be issued to any motor vehicle unless the license plate issuing official receives satisfactory evidence of insurance or verification of motor vehicle liability insurance through the online insurance verification system, liability insurance bond, or deposit of cash that provides the minimum motor vehicle insurance coverage required by Section 32-7-6 or is exempted under Section 32-7A-5. Verification by the license plate issuing official shall be made in a manner as prescribed by the department.
(d) All officials authorized by law to issue motor vehicle license plates shall obtain, when issuing the initial motor vehicle registration or transferring a motor vehicle registration, each registrant’s non-expired state issued driver’s license or identification card number, a department approved federal identifying number, national driver’s license, or for a company or other entity, the federal employer identification number, for inclusion within the motor vehicle registration records in the state and county databases provided these numbers shall not be included on the motor vehicle registration receipts. The department has the additional authority to assign an identifying number to vehicle registrants in order to document compliance with this chapter. This information shall be used by the department in the administration of this chapter. The requirements of this subsection shall not apply to the renewal of a motor vehicle registration.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3; Act 2013-398, p. 1516, §3; Act 2017-242, §1.)
No verification procedure established under this chapter shall include individual inspections of vehicles on the public streets or highways solely for the purpose of verifying the existence of a valid liability insurance policy or a commercial automobile liability insurance policy. No law enforcement officer shall stop a vehicle solely for the purpose of verifying the existence of a valid insurance policy.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
No state or local governmental unit and no government official or employee acting in the course of his or her official duties in the administration or enforcement of Section 32-7A-4 and related provisions of this chapter shall be liable for any damages brought directly or indirectly by the injured party or a third party, except for damages resulting from willful and wanton misconduct or gross negligence on the part of the governmental unit, official, or employee.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
Whenever a court convicts a person of a violation of Section 32-7A-15 or Section 32-7A-16, the clerk of the court, within 10 calendar days, shall forward a report of the conviction to the department in a form prescribed by the department.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
The following penalties are applicable to violations of this chapter:
(1) FELONIES. A person convicted of a felony for the violation of a provision of this chapter is guilty of a Class C felony and is subject to punishment as defined by the Criminal Code of Alabama.
(2) MISDEMEANORS. A person convicted of a misdemeanor for the violation of a provision of this chapter is guilty of a Class C misdemeanor and is subject to punishment as defined by the Criminal Code of Alabama.
(3) TRAFFIC VIOLATION. A person convicted of a traffic offense for violation of this chapter is subject to a punishment by a fine not to exceed two hundred dollars ($200) for the first conviction. Upon each subsequent conviction, the fine shall be twice the amount of the last fine.
(Act 2000-554, p. 1005, §1; Act 2011-688, p. 2076, §3.)
No person shall present evidence of insurance to a law enforcement officer, court, officer of the court, the Department of Revenue, or office of the licensing official charged with motor vehicle registration and titling responsibilities, knowing there is no valid liability insurance in effect on the motor vehicle as required under Section 32-7A-4 or knowing the evidence of insurance is altered, counterfeit, or otherwise invalid as evidence of insurance required under Section 32-7A-4. If the law enforcement officer issues a citation to a motor vehicle operator for presenting invalid evidence of insurance, the officer shall confiscate the evidence for presentation in court.
(Act 2000-554, p. 1005, §3; Act 2011-688, p. 2076, §3.)
No person charged with violating the requirements of this chapter to maintain or present, or both, evidence of insurance shall be convicted of a Class C misdemeanor in accordance with subsection (a) of Section 32-7A-16 if such person produces in court satisfactory evidence that, at the time of the citation, the motor vehicle was covered by a liability insurance policy, commercial automobile liability insurance policy, liability insurance bond, or deposit of cash in accordance with Section 32-7A-4. However, such person may be convicted of a traffic violation as set forth in subsection (b) of Section 32-7A-16.
(Act 2011-688, p. 2076, §4.)
Information regarding the motor vehicle registration suspension or reinstatement status of any person is confidential and shall be released only to the person who is the subject of a suspension or possible suspension, or to law enforcement agencies, courts, and other governmental entities, including officials responsible for the issuance of license plates, as necessary in the administration of this chapter.
(Act 2011-688, p. 2076, §4.)
This chapter is supplemental to other laws relative to motor vehicles and a liability insurance policy, commercial automobile liability insurance policy, liability insurance bond, or deposit of cash, and insofar as possible shall be construed in pari materia with such laws.
(Act 2011-688, p. 2076, §4.)
The department may establish rules pursuant to the Administrative Procedure Act regarding procedures to send notices, prescribed in this chapter, in an electronic format. Notices sent in electronic format shall be allowed only if the content satisfies all of the requirements of this chapter.
(Act 2015-506, 1st Sp. Sess., §2.)
The department shall provide the licensing plate issuing official the ability to dispose of unused and surrendered license plates in a uniform manner as prescribed by the department and provide guidance to registrants on the disposal and surrender of a license plate when a license plate transfer is not an available option.
(Act 2019-446, §2.)
This chapter may be cited as the Alabama Online Insurance Verification System Act.
(Act 2011-688, §5.)
For the purposes of this chapter, the following terms shall have the following meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(1) ADVISORY COUNCIL. A group of 13 voting members consisting of: Two representatives of the Department of Revenue, a representative of the Department of Public Safety, and a representative of the Department of Insurance as well as three insurance company representatives appointed by the Commissioner of Insurance, a representative of the American Insurance Association, a representative of the National Association of Mutual Insurance Companies, a representative of the Property and Casualty Insurers Association of America, a representative of the Alabama Independent Agents Association, a representative of the Alabama Probate Judges Association appointed by the president of the association, and a representative of the Alabama Association of Tax Administrators appointed by the president of the association. This group shall be chaired by the Commissioner of Revenue or his or her designee.
(2) COMMERCIAL AUTOMOBILE LIABILITY INSURANCE POLICY. An insurance policy as defined in Section 32-7A-2.
(3) DEPARTMENT. The Department of Revenue.
(4) INSURER. An insurance company licensed or authorized to do business in this state and insuring motor vehicles.
(5) MOTOR VEHICLE. A motor vehicle as defined in Section 32-7A-2.
(6) ONLINE INSURANCE VERIFICATION SYSTEM. An online insurance verification system using web services as recommended by the Insurance Industry Committee for Motor Vehicle Administration, developed by the advisory council, and adopted by the department.
(Act 2011-688, §5.)
(a) The department shall convene an advisory council for the purpose of the following:
(1) Facilitating the implementation of the online insurance verification system.
(2) Assisting in the development of a detailed guide for insurers providing for the data fields and other information necessary for compliance along with other necessary regulations.
(3) Coordinating and conducting a testing phase as prescribed by the advisory council.
(4) Identifying necessary changes during the testing phase, as prescribed by the advisory council.
(5) Issuing recommendations based on periodic reviews of the online insurance verification system by the advisory council. The advisory council shall issue a report to the Departments of Revenue, Public Safety, and Insurance 12 months after the online insurance verification system is implemented to evaluate the system’s effectiveness in identifying uninsured motorists, and annually thereafter on or before January 1 of each year. The advisory council may also issue recommendations for system enhancements in such report.
(b) The department shall:
(1) Cooperate with insurers in implementing the online insurance verification system.
(2) Conduct a pilot project to test the online insurance verification system prior to statewide use.
(3) Establish the online insurance verification system framework necessary to inquire of insurers by using multiple keys for greater matching accuracy, including, but not limited to: Insurer NAIC number, vehicle identification numbers, policy number and other key or keys specified by the advisory council.
(4) Be responsible for keeping the advisory council informed on implementation status.
(c) Each insurer shall cooperate with the department in establishing the online insurance verification system.
(Act 2011-688, §5.)
The online insurance verification system shall:
(1) Be accessible by authorized personnel of the department for direct inquiry. Access by the courts, insurers, law enforcement, and offices of the licensing officials charged with motor vehicle registration and titling responsibilities shall be through authorized personnel of the department. Insurer access shall be limited to data or information transmission as required to operate the online insurance verification system.
(2) Be able to verify, on a 24-hour, seven days per week basis, minus permitted down time for system maintenance as prescribed by the advisory council, the insurance status of a motor vehicle via the Internet, or similar electronic system consistent with insurance industry and IICMVA recommendations and the specifications and standards of the IICMVA model dated May 8, 2008, or later models as recommended by the advisory council and adopted by the department.
(3) Be able to access insurers by using multiple keys for greater matching accuracy, including, but not limited to: Insurer NAIC number, vehicle identification numbers, policy number and other key or keys specified by the advisory council.
(4) Provide data security for the type of information transferred as prescribed by the advisory council.
(5) Utilize open and agreed to data and data transmission standards and standard schema as specified by the advisory council.
(Act 2011-688, §6.)
Each insurer shall do the following:
(1) Cooperate with the department in operating the online insurance verification system.
(2) Maintain the data necessary to verify insurance status through the online insurance verification system for a period of at least six months.
(3) Maintain the web service, pursuant to the requirements established under the online insurance verification system and as specified by the advisory council.
(4) Provide data security for the type of information transferred as prescribed by the advisory council that will not violate state or federal privacy laws.
(5) Be immune from civil and administrative liability for good faith efforts to comply with the terms of this chapter.
(6) Provide an insured under a commercial automobile insurance liability policy with an insurance card clearly indicating that the vehicle is insured under a commercial automobile liability insurance policy in accordance with Section 32-7A-6.
(7) Nothing in this section prohibits an insurer from using the services of a third party vendor for facilitating the online insurance verification system required by this chapter.
(Act 2011-688, §6.)
The department shall do the following:
(1) Cooperate with insurers in operating the online insurance verification system.
(2) Maintain the list of authorized requesting entities and individuals and make that a part of the online insurance verification system.
(3) Maintain the online insurance verification system framework necessary to inquire of insurers using the key or keys in accordance with subdivision (3) of Section 32-7B-4.
(4) Provide data security for the type of information transferred as prescribed by the advisory council. Data secured via the online insurance verification system may not be shared with any party other than those permitted by state or federal privacy laws.
(5) Be responsible for keeping the advisory council informed on functionality, and planned or unplanned service interruptions.
(6) Provide alternative methods of reporting for small insurers writing no more than 500 vehicles in the state as prescribed by the department.
(7) Work with the advisory council on issues as they emerge for an equitable resolution for all parties.
(8) Maintain historical records of online insurance verification system data for a period as specified by the department.
(9) Provide a means to separately track or distinguish motor vehicles where the owner is a qualified self-insured and financial responsibility is provided via a certificate of insurance, a motor vehicle liability bond, a deposit of cash, or other such method as allowed by law.
(10) Nothing in this section prohibits the department from using the services of a third party vendor for facilitating the insurance verification program required by this law.
(Act 2011-688, §6.)
Enforcement and investigative activities as they relate to the provisions of Act 2011-688 shall not be based on an individual’s race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, economic status, or geography.
(Act 2011-688, §7.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) DIGITAL NETWORK. Any online-enabled application, software, website, or system offered or utilized by a TNC that enables the prearrangement of a ride with a TNC driver.
(2) PERSONAL VEHICLE. A vehicle that meets both of the following criteria:
a. Is used by a TNC driver to provide a prearranged ride.
b. Is owned, leased, or otherwise authorized for use by a TNC driver.
(3) PREARRANGED RIDE. The provision of transportation by a TNC driver to a TNC rider, beginning when a TNC driver accepts a ride requested by a TNC rider through a digital network controlled by a TNC, continuing while the TNC driver transports the requesting TNC rider, and ending when the last requesting TNC rider departs from the personal vehicle of the TNC driver. A prearranged ride does not include transportation provided by any of the following pursuant to the Alabama Motor Carrier Act, Chapter 3 of Title 37:
a. A shared expense carpool or vanpool arrangement.
b. A regional transportation company or licensed motor carrier.
(4) TNC. A transportation network company that is a corporation, partnership, sole proprietorship, or other entity licensed and operating in this state that uses a digital network to connect a TNC rider to a TNC driver who provides a prearranged ride. A TNC may not control, direct, or manage the personal vehicle or the TNC driver who connects to its digital network, except where agreed to by written contract.
(5) TNC DRIVER. An individual who meets both of the following criteria:
a. Receives connections to potential riders and related services from a TNC in exchange for payment of a fee to the TNC.
b. Uses a personal vehicle to offer or provide a prearranged ride to a TNC rider upon connection through a digital network controlled by a TNC and in exchange for compensation or payment of a fee.
(6) TNC RIDER. An individual who uses the digital network of a TNC to connect with a TNC driver who provides a prearranged ride to the TNC rider in the personal vehicle of the TNC driver between points chosen by the TNC rider.
(Act 2016-409, §1.)
(a) On or before October 30, 2016, and thereafter, a TNC driver or a TNC on the behalf of the TNC driver shall maintain primary automobile insurance that recognizes that the driver is a TNC driver or otherwise uses a vehicle to transport riders for compensation and covers the driver under both of the following circumstances:
(1) While the TNC driver is logged onto the digital network of a TNC.
(2) While the TNC driver is engaged in a prearranged ride.
(b)(1) The following automobile insurance requirements shall apply while a participating TNC driver is logged on to the digital network of a TNC and is available to receive transportation requests but is not engaged in a prearranged ride:
a. Primary automobile liability insurance in the amount of at least fifty thousand dollars ($50,000) for death and bodily injury per person, one hundred thousand dollars ($100,000) for death and bodily injury per incident, and twenty-five thousand dollars ($25,000) for property damage.
b. All other state mandated coverage for motor vehicles, including the requirements under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(2) The coverage requirements of this subsection may be satisfied by any of the following:
a. Automobile insurance maintained by the TNC driver.
b. Automobile insurance maintained by the TNC.
c. Any combination of a. and b.
(c)(1) The following automobile insurance requirements shall apply while a TNC driver is engaged in a prearranged ride:
a. Primary automobile liability insurance that provides at least one million dollars ($1,000,000) for death, bodily injury, and property damage.
b. All other state mandated coverage for motor vehicles, including the requirements under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(2) The coverage requirements of this subsection may be satisfied by any of the following:
a. Automobile insurance maintained by the TNC driver.
b. Automobile insurance maintained by the TNC.
c. Any combination of a. and b.
(d) If insurance maintained by a TNC driver under subsection (b) or (c) has lapsed or does not provide the required coverage, insurance maintained by a TNC shall provide the coverage required by this chapter beginning with the first dollar of a claim and shall have the duty to defend the claim.
(e) Coverage under an automobile insurance policy maintained by a TNC may not be made dependent on a personal automobile insurer first denying a claim and a personal automobile insurance policy may not be required to first deny a claim.
(f) Insurance required by this chapter may be placed with an insurer licensed under state law or with a surplus lines insurer eligible under state law that has a credit rating of no less than A- from A.M. Best or A from Demotech or a similar rating from another rating agency recognized by the Department of Insurance.
(g)(1) Insurance satisfying the requirements of this chapter shall satisfy the financial responsibility requirement for a motor vehicle under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(2) Nothing in this chapter shall relieve a TNC driver not logged onto the digital network of a TNC or not engaged in a prearranged ride from the financial responsibility requirements for a motor vehicle under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(h)(1) A TNC driver shall carry proof of coverage satisfying this chapter with him or her at all times during his or her use of a vehicle in connection with the use of a digital network of a TNC.
(2) In the event of an accident, a TNC driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers.
(3) Upon request, a TNC driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether he or she was logged on to the digital network of a TNC or on a prearranged ride at the time of an accident.
(i) This chapter shall have no effect or limitation on the rights of a TNC rider to coverage that may be available for underinsured or uninsured motorist coverages pursuant to Section 32-7-23 as an additional recovery beyond any insurance coverage available to the TNC rider under this chapter.
(j) No contract between a TNC and a TNC driver or TNC rider shall diminish the automobile insurance requirements under this chapter.
(Act 2016-409, §2.)
The TNC shall disclose in writing to a TNC driver before the TNC driver is allowed to accept a request for a prearranged ride on the digital network of the TNC both of the following:
(1) The insurance coverage, including the types of coverage and the limits for each coverage, that the TNC provides while the TNC driver uses a personal vehicle in connection with the use of the digital network of a TNC.
(2) That the automobile insurance policy of the TNC driver may not provide any coverage while the TNC driver is logged on to the digital network of a TNC and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
(Act 2016-409, §3.)
(a) Insurers that write automobile insurance in this state may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to the digital network of a TNC or while a TNC driver provides a prearranged ride.
(b) The right to exclude all coverage may apply to any coverage included in an automobile insurance policy, including, but not limited to, any of the following:
(1) Liability coverage for bodily injury and property damage.
(2) Personal injury protection coverage as defined by state law.
(3) Uninsured and underinsured motorist coverage.
(4) Medical payments coverage.
(5) Comprehensive physical damage coverage.
(6) Collision physical damage coverage.
(c) The exclusions under this section shall apply notwithstanding any requirements under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(d) Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the TNC driver is logged on to the digital network of a TNC, while the TNC driver is engaged in a prearranged ride, or while the TNC driver otherwise uses a vehicle to transport passengers for compensation.
(e) Nothing in this chapter shall require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to the digital network of a TNC or while a TNC driver provides a prearranged ride.
(f) Nothing shall preclude an insurer from providing primary or excessive coverage for the personal vehicle of a TNC driver, if it so chooses to do so by contract or by endorsement.
(g)(1) Automobile insurers that exclude the coverage described in this chapter shall have no duty to defend or indemnify any claim expressly excluded.
(2) Nothing in this chapter shall invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in this state prior to August 1, 2016, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
(h) An automobile insurer that defends or indemnifies a claim against a TNC driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same TNC driver in satisfaction of the coverage requirements of this chapter at the time of loss.
(i) In a claims coverage investigation, a TNC, upon the request of a directly involved party or any insurer or lienholder of the TNC driver, if applicable, shall provide the precise times that a TNC driver logged on and off of the digital network of a TNC in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident.
(j) Insurers potentially providing coverage as set forth in this chapter shall disclose upon request by any other insurer involved in the particular claim the applicable coverages, exclusions, and limits provided under any automobile insurance maintained in order to satisfy the requirements of this chapter.
(k)(1) A lender or a secured party of the motor vehicle of a TNC driver may require the TNC driver to maintain comprehensive damage coverage, collision damage coverage, or both, for the motor vehicle of a TNC driver, and may require the TNC driver to show evidence of the coverage to the lender or the secured party that would cover both the period when the TNC driver is logged onto the digital network of a TNC but is not engaged in a prearranged ride and when the TNC driver is engaged in a prearranged ride.
(2) If a TNC driver fails to maintain the required comprehensive or collision damage coverage or fails to show evidence to the lender or the secured party pursuant to this subsection, the lender or the secured party may obtain the coverage at the expense of the TNC driver without limiting or affecting any other rights or remedies of the lender or the secured party.
(l) If a lender or a secured party has a secured interest in the motor vehicle of a TNC driver and an insurer of a TNC makes a payment for a claim for damage to the motor vehicle of a TNC driver that is covered under comprehensive or collision damage coverage held by the TNC, the TNC shall then cause its insurer to issue the payment either directly to the vehicle repair shop or jointly to the owner of the motor vehicle and the primary lender or the secured party on the covered motor vehicle.
(m)(1) A TNC shall make the following disclosures to a prospective TNC driver in the terms of service of the prospective TNC driver:
a. If the vehicle that you plan to use to provide TNC services has a lien against it your usage may violate the terms of your contract with the lienholder.
b. You must notify the lienholder that you will be using the vehicle for transportation services.
(2) The disclosure required by this subsection shall be placed prominently in the written terms of service of the prospective TNC driver or on a separate disclosure, and the prospective TNC driver must acknowledge the terms of service or the separate disclosure electronically or by signature.
(Act 2016-409, §4.)
As used in this article, the following words shall have the following meanings:
(1) COMMISSION. The Public Service Commission.
(2) DIGITAL NETWORK. Digital network, as defined in Section 32-7C-1.
(3) GROSS TRIP FARE. The sum of the base fare charge, distance charge, and time charge for a complete trip at rates published on the TNC’s website. The term does not include any additional fees, including airport or venue fees.
(4) TNC. A transportation network company, as defined in Section 32-7C-1.
(5) TNC DRIVER. A TNC driver as defined in Section 32-7C-1.
(6) TNC RIDER. A TNC rider as defined in Section 32-7C-1.
(7) TNC VEHICLE. A personal vehicle, as defined in Section 32-7C-1.
(8) PREARRANGED RIDE. Prearranged ride, as defined in Section 32-7C-1.
(Act 2018-127, §1.)
(a) A TNC or TNC driver is not a common carrier, contract carrier, or motor carrier, as defined in Section 37-3-2, does not provide taxi or for-hire vehicle services, and is not subject to the Alabama Motor Carrier Act, Chapter 3, Title 37.
(b) A TNC driver is not required to register the vehicle that the TNC driver uses to provide prearranged rides under this article as a commercial motor vehicle or for-hire vehicle under the Alabama Motor Carrier Act, Chapter 3, Title 37.
(Act 2018-127, §2.)
(a) A person may not operate a TNC in the state without first having obtained a permit from the commission.
(b) The commission shall issue a permit to each applicant that meets the requirements for a TNC under this article and may require the permit to be renewed annually.
(c) A TNC operating under a municipal ordinance in a municipality of this state on June 30, 2018, may operate at any location in this state without the permit required under subsection (a) until the later of:
(1) The thirtieth day after the date the permit process is adopted by the commission.
(2) The date the TNC’s application for a permit under this section, submitted to the commission before the date described in subdivision (1), is approved or denied.
(d) Any person who operates a TNC without having obtained a permit in accordance with this section is guilty of a Class C misdemeanor.
(Act 2018-127, §3.)
(a) A TNC shall collect a local assessment fee equal to one percent of the gross trip fare for all prearranged rides that originate in the state in accordance with this article.
(b)(1) No later than 30 days after the end of each calendar quarter, a TNC shall submit to the commission all of the following:
a. The total local assessment fees collected by a TNC.
b. For prearranged rides that originated within a municipality, a report listing the percentage of the gross trip fare that originated in each municipality during the reporting period.
c. For prearranged rides that originated outside a municipality, a report listing the percentage of the gross trip fare that originated in the unincorporated portion of each county during the reporting period.
(2) The TNC shall be responsible for determining whether a prearranged ride originated within the boundaries of a municipality or originated within the unincorporated portion of a county.
(c) To ensure proper distribution of the local assessment fee, the commission shall prepare and make available for public use Geographic Information System (GIS) data in the form of a file showing the state’s county and municipal boundaries. To the extent the commission updates the GIS file, the commission shall notify TNCs and make available to TNCs the updated GIS file. In addition to the requirements of this section, municipalities shall provide annexation information to the commission within 30 days after the annexation is complete. Such information shall include a written description of the boundary, along with a map or plat that clearly defines the new territory added.
(d) The local assessment fees submitted to the commission shall be administered by the commission and may only be expended as provided in this section. The commission may retain an amount necessary to cover the expenses derived from regulation of TNCs and the collection, remittance, and distribution of local assessment fees pursuant to this section, provided the amount retained may not exceed 50 percent of the total local assessment fees collected.
(e) No later than 60 days after the end of each calendar quarter, the commission shall distribute the local assessment fees collected for the preceding calendar quarter, minus the amount retained pursuant to subsection (d), to each municipality where a prearranged ride originated and to each county where a prearranged ride originated in the unincorporated portion of the county, during that calendar quarter. The distribution shall be proportionate to the percentage of the gross trip fare that originated in each applicable municipality and unincorporated portion of a county.
(f) No more than every two years, the commission may request that a TNC engage an independent third party auditor to verify the local assessment fees submitted to the commission pursuant to subdivision (1) of subsection (b) are accurate. The TNC that is subject to the audit shall engage the independent third party auditor, which shall be selected at the sole discretion of the TNC, and bear all costs associated with the third party audit. The independent third party auditor must be a certified public accounting firm licensed in the state and qualified to perform engagements in accordance with American Institute of Certified Public Accountants standards. The TNC shall provide the commission with a copy of the third party audit report within 15 days of completion, which shall in no event occur later than 90 days after receipt of the commission’s written request. The third party audit shall be limited to two calendar quarters that may be selected by the commission. If any underpayment of over three percent is identified through the audit, the TNC shall remit the underpaid local assessment fees to the appropriate municipality or county.
(g) The governing body of a municipality that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, pursuant to the TNC ordinance, may request the commission to review the portions of a third party audit report provided to the commission pursuant to subsection (f) that are applicable to the municipality. If no third party audit report is available for a TNC from the prior two-year period at the time of the governing body’s request, the governing body that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, may request the commission to initiate an audit pursuant to subsection (f).
(h) Any record maintained by a TNC or submitted to the commission or a political subdivision of the state pursuant to this section shall be considered tax information and may not be disclosed, as provided in subsection (a) of Section 40-2A-10, except as otherwise provided in this section.
(Act 2018-127, §4.)
A TNC shall maintain an agent for service of process in the state.
(Act 2018-127, §5.)
A TNC may charge a fare for the services provided to a TNC rider. If a fare is collected from a rider, the TNC shall disclose to the rider the fare or fare calculation on its digital network. If the fare is not disclosed to the rider before the beginning of the prearranged ride, the rider shall have the option to receive an estimated fare before the beginning of the prearranged ride.
(Act 2018-127, §6.)
The TNC’s digital network shall display a picture of the TNC driver, the first name of the TNC driver, and the make, model, and license plate number of the TNC driver’s vehicle before the rider enters the TNC vehicle.
(Act 2018-127, §7.)
Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider that lists all of the following:
(1) The origin and destination of the trip.
(2) The total time and distance of the trip.
(3) The total fare paid.
(4) The TNC driver’s first name.
(Act 2018-127, §8.)
A TNC driver or a TNC on behalf of the TNC driver shall maintain automobile insurance pursuant to Article 1 of this chapter.
(Act 2018-127, §9.)
(a) Before allowing an individual to accept trip requests through a TNC’s digital network as a TNC driver, all of the following must occur:
(1) The individual shall submit an application to the TNC that includes information regarding his or her address, age, driver’s license, motor vehicle registration, and other information required by the TNC.
(2) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include a review of the following:
a. A multistate or multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search).
b. The United States Department of Justice National Sex Offender Public Website.
(3) The TNC shall obtain and review, or have a third party obtain and review, a driving history report of each applicant.
(b) The TNC may not permit an individual to act as a TNC driver on its digital network who:
(1) Has had more than three moving violations in the prior three-year period, or one of the following major violations in the prior three-year period:
a. Fleeing or attempting to elude a law enforcement officer.
b. Reckless driving.
c. Driving with a suspended or revoked license.
(2) Has been convicted, within the past seven years, of any of the following:
a. A felony.
b. Misdemeanor driving under the influence, reckless driving, hit and run, or any other misdemeanor violent offense or sexual battery.
(3) Is a match in the United States Department of Justice National Sex Offender Public Website.
(4) Does not possess a valid driver’s license.
(5) Does not possess proof of registration for the motor vehicle or vehicles the applicant intends to use to provide prearranged rides.
(6) Does not maintain proof of or does not possess automobile insurance required under Article 1 of this chapter.
(7) Is under the age of 19 years.
(c) (1) Any individual who impersonates a TNC driver without having met the requirements of this section is guilty of a Class C misdemeanor.
(2) If an individual unlawfully impersonates a TNC driver under subdivision (1) while committing a felony, the unlawful impersonation may be an aggravating factor under Section 12-25-34.2, for sentencing purposes.
(Act 2018-127, §10.)
(a) A TNC shall establish and enforce a zero tolerance intoxicating substance policy for TNC drivers that prohibits any amount of intoxication of the driver while providing transportation network services.
(b) The TNC shall include on its website a notice concerning the TNC’s zero tolerance intoxicating substance policy and the means to make a complaint about a suspected violation of the policy.
(c) Upon receipt of a rider complaint alleging a violation of the zero tolerance intoxicating substance policy, the TNC shall immediately suspend the TNC driver’s access to the TNC’s digital network and conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
(Act 2018-127, §11.)
A TNC driver may not accept a trip for compensation, including soliciting or accepting passenger rides on demand or through a street hail, other than a trip arranged through a TNC’s digital network. Any individual who violates this section is guilty of a Class C misdemeanor.
(Act 2018-127, §12.)
(a) A TNC shall adopt a policy of nondiscrimination against riders or potential riders who are protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et. seq. or the Americans With Disabilities Act of 1990.
(b) TNC drivers shall comply with all applicable laws relating to the transportation of service animals.
(c) A TNC may not impose additional charges for providing services to individuals with physical disabilities because of those disabilities.
(Act 2018-127, §13.)
(a) A TNC shall maintain the following records:
(1) Individual trip records for at least two years from the date each trip was provided.
(2) Individual records of TNC drivers at least two years from the date on which a TNC driver’s relationship with the TNC ended.
(b) For the sole purpose of verifying that a TNC is in compliance with subsection (a) and Section 32-7C-29 and no more than annually, the commission may visually inspect a random sample of the records that the TNC is required to maintain pursuant to subsection (a). All samples shall include records sufficient to verify the TNC’s compliance with the background check requirements and standards set forth in Section 32-7C-29. The audit shall take place at a mutually agreed upon location in Montgomery, Alabama, or through a mutually agreed upon secure electronic process. Any record furnished to the commission may exclude information that would identify specific TNC drivers or riders, unless the commission demonstrates that there is good cause to inspect the identifying information.
(c) The governing body of a municipality that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, pursuant to the TNC ordinance, may request from the commission an analysis regarding a TNC’s compliance with Section 32-7C-29 as it applies to that municipality based on the audit performed by the commission pursuant to subsection (b). If the requested analysis reveals a TNC is not in compliance with Section 32-7C-29, the commission shall include that information in the analysis provided to the municipality and work in coordination with the governing body to bring the TNC into compliance. If no such audit analysis is available for a TNC from the prior one-year period at the time of the governing body’s request, the governing body that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, may request that the commission initiate an audit pursuant to subsection (b).
(d) In response to a specific complaint against a TNC driver or a TNC, the commission may inspect records held by the TNC pursuant to subsection (a) that are necessary to investigate and resolve the complaint. The inspection shall take place at a mutually agreed upon location in Montgomery, Alabama, or through a mutually agreed upon secure electronic process. Any record furnished to the commission may exclude information that would identify specific TNC drivers or riders, unless the identity of a driver or rider is relevant to the complaint.
(e) Any records, including any information contained therein that would identify specific TNC drivers or riders inspected by the commission under this section, are not public records and are not subject to disclosure to a third party by the commission without prior written consent of the TNC, and are exempt from disclosure under Section 36-12-40. Nothing in this section shall be construed as limiting the applicability of any other exemptions under Section 36-12-40, or the validity of any court order.
(f) No political subdivision of the state, including the commission, may disclose any records, data, or information provided by a TNC pursuant to this article to a third party absent a court order or subpoena. In the event that records, data, or information provided pursuant to this article is sought through a court order or subpoena, the commission or other political subdivision shall promptly notify the TNC to afford the TNC the opportunity to take actions to prevent disclosure.
(Act 2018-127, §14.)
(a) The failure of a TNC to comply with this article or rule adopted pursuant to this article or a commission order issued pursuant to this article may result in the revocation of the TNC’s permit by the commission or the assessment of a civil penalty, or both, in accordance with procedures established by the commission. The civil penalty for TNCs may not exceed five hundred dollars ($500) for each violation for each day the TNC knew or should have known about the violation.
(b) The failure by a TNC driver to comply with this article or rule adopted pursuant to this article or a commission order issued pursuant to this article may result in the suspension of the TNC driver from operating on any TNC’s digital network or the assessment of a civil penalty, or both, in accordance with procedures established by the commission. The civil penalty for TNC drivers may not exceed one hundred dollars ($100) for each violation for each day the TNC driver knew or should have known about the violation.
(Act 2018-127, §15.)
The commission may adopt rules to implement and enforce this article in accordance with its established rules of practice and procedures, including, but not limited to, rules providing for safety inspections of TNC vehicles and establishing requirements for a distinctive TNC emblem or signage, known as trade dress, to be displayed on the exterior of a TNC vehicle.
(Act 2018-127, §16.)
(a) It is the intent of the Legislature to provide for uniformity of laws governing TNCs, TNC drivers, and TNC vehicles throughout the state, and to provide that TNCs, TNC drivers, and TNC vehicles be governed exclusively by state law, including Article 1 of this chapter, governing insurance requirements for TNCs and TNC drivers, and any rules adopted by the commission consistent with this article.
(b) A county, municipality, special district, airport authority, port authority, or other local governmental entity or subdivision may not do any of the following:
(1) Impose a tax on, or require a license for, a TNC or a TNC driver or TNC vehicle if the tax or license relates to providing prearranged rides.
(2) Require a TNC or a TNC driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction.
(3) Subject a TNC, a TNC driver, or a TNC vehicle to a rate, entry, operation, or other requirement of the county, municipality, special district, airport authority, port authority, or other local governmental entity if the rate, entry, operation, or other requirement relates to providing prearranged rides or transportation network services.
(c) This section does not prohibit the governing body of a municipality from electing by ordinance to prohibit TNCs from providing prearranged rides that originate within its corporate limits. Notwithstanding the foregoing, the governing body of a municipality may not specify additional or alternative requirements, taxes, or licenses for TNCs, TNC drivers, or TNC vehicles as conditions for operating within its corporate limits
(d) This section does not prohibit an airport or cruise terminal from charging reasonable pickup fees at that airport or cruise terminal, for use of the airport’s or cruise terminal’s facilities, or designating locations for staging, pickup, and other similar operations at the airport or cruise terminal.
(e) This section does not prohibit the Alabama State Port Authority from regulating access to its properties and facilities or from charging reasonable and necessary fees, provided the regulations, fees, and any required credentials are consistent with regulations, fees, and credentials that apply to taxicab companies.
(f) This section shall not be construed to prohibit any law enforcement officer from enforcing applicable criminal or traffic laws, or, in connection with the enforcement of applicable criminal or traffic laws, from requesting to review a TNC driver’s electronic waybill within the TNC’s digital network.
(Act 2018-127, §17.)
The Public Service Commission shall make available the GIS data required under subsection (c) of Section 32-7C-23 no later than July 1, 2018.
(Act 2018-127, §18.)
This chapter may be cited as the Alabama Uniform Certificate of Title and Antitheft Act.
(Acts 1973, No. 765, p. 1147, §49.)
For the purpose of this chapter, the following terms have the following meanings, except where the context clearly indicates a different meaning:
(1) CURRENT ADDRESS. A new address different from the address shown on the application or on the certificate of title. The owner, within 30 days after the address is changed from that shown on the application or on the certificate of title, shall notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, off-road vehicle dealer, or travel trailer dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles, trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor vehicles, or travel trailers in this state, and having in this state an established place of business.
(3) DEPARTMENT. The Department of Revenue of this state.
(4) DESIGNATED AGENT. Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, who may perform his or her duties under this chapter personally or through his or her deputies; the term shall also mean those dealers as herein defined who are appointed by the department as provided in Section 32-8-34 and such persons who are appointed by the department as provided in Section 32-8-34(c) to perform the duties of designated agent for the purposes of this chapter. Dealers or other designated persons may perform their duties under this chapter either personally, through any of their officers or employees, or through a title service provider.
(5) IMPLEMENT OF HUSBANDRY. Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to licensing or registration if used upon the highways.
(6) LIEN. Every kind of written lease which is substantially equivalent to an installment sale or which provides for a right of purchase, conditional sale, reservation of title, deed of trust, chattel mortgage, trust receipt, and every written agreement or instrument of whatever kind or character whereby an interest other than absolute title is sought to be held or given on a motor vehicle.
(7) LIENHOLDER. Any person, firm, copartnership, association, or corporation holding a lien on a motor vehicle.
(8) MANUFACTURER. Any person regularly engaged in the business of manufacturing, constructing, assembling, importing, or distributing new motor vehicles, either within or without this state.
(9) MOTOR VEHICLE. The term shall include all of the following:
a. Every automobile, motorcycle, mobile trailer, semitrailer, truck, truck tractor, trailer, and other device that is self-propelled or drawn, in, upon, or by which any person or property is or may be transported or drawn upon a public highway except such as is moved by animal power or used exclusively upon stationary rails or tracks.
b. Every trailer coach and travel trailer manufactured upon a chassis or undercarriage as an integral part thereof drawn by a self-propelled vehicle.
c. Every off-road vehicle only as it relates to this chapter. An off-road vehicle dealer shall not be deemed a motor vehicle dealer for the purposes of Chapter 6.
(10) NEW VEHICLE. A motor vehicle that has never been the subject of a first sale for use by a new motor vehicle dealer as defined in Section 40-12-390 or an equivalently licensed dealer in another state and includes, among others, vehicles maintained in a dealer’s inventory, vehicles provided by the manufacturer or dealer for use by participants in charity, sporting, or other special events, vehicles used for drivers’ education, and vehicles delivered to customers that were subsequently returned to the dealer without a registration being issued on the vehicle.
(11) NONRESIDENT. Every person who is not a resident of this state.
(12) OFF-ROAD VEHICLE. a. A vehicle that is not designed and manufactured to meet Federal Motor Vehicle Safety Standards. The term includes all of the following:
A motorized vehicle 60 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 1,500 pounds or less, designed to travel on three or more non-highway tires, and manufactured for off-road use by a single operator or by an operator and not more than one passenger as provided by the manufacturer.
A motorized vehicle generally capable of cross-country travel 80 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 3,500 pounds or less, designed and manufactured to travel on four or more non-highway tires for off-road use by an operator and the number of passengers as provided by the manufacturer.
b. The term does not include any electric bicycle; golf cart; low-speed vehicle; mini-truck; vehicle used for military, fire, emergency, or law enforcement purposes; motorboat; vehicle used exclusively on airport property; any vehicle used primarily for agricultural purposes, farm tractors, or other self-propelled equipment for the purpose of harvesting and transporting forest products, clearing land for planting, providing utility services and maintenance, or earth moving, construction, or mining; or self-propelled lawnmowers, snowblowers, or garden or lawn tractors while being used exclusively for their designed purposes.
(13) OFF-ROAD VEHICLE DEALER. A person subject to Section 40-12-315 that is engaged in the business of buying, selling, exchanging, advertising, or negotiating the sale of off-road vehicles, not previously titled or registered in the person’s name, at retail to the public.
(14) OWNER. A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. Under any lease-purchase or installment sales agreement where a governmental agency, either city, county, or state, is the lessee or purchaser with a security interest or right to purchase, the lessee or purchaser shall be the owner for purposes of this chapter.
(15) PERSON. The term shall include every natural person, firm, copartnership, association, or corporation.
(16) PICKUP TRUCK. A truck with not more than two axles and a gross weight not exceeding 12,000 pounds.
(17) POLE TRAILER. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as logs, poles, pipes, boats, or structural members capable generally of sustaining themselves as beams between the supporting connections.
(18) SCRAP METAL PROCESSOR. Any person engaged in the business of buying scrap vehicles, automotive parts, or other metallic waste by weight to process the material into scrap metal for remelting purposes, who utilizes machinery and equipment for processing and manufacturing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap.
(19) SCRAP VEHICLE. Any vehicle that has been crushed or flattened by mechanical means or has been otherwise damaged to the extent that it cannot economically be repaired or made roadworthy.
(20) SECURITY AGREEMENT. A written agreement that reserves or creates a security interest.
(21) SECURITY INTEREST. An interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.
(22) SELF-PROPELLED CAMPERS OR HOUSE CARS. A self-propelled motor vehicle designed and used primarily for mobile living quarters. The living quarters on self-propelled campers or house cars are constructed as an integral part of the motor vehicle and are not detachable. Self-propelled campers or house cars are commonly known as motor homes, mobile homes, or recreational vehicles.
(23) SPECIAL MOBILE EQUIPMENT. Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over the highway, including, but not limited to: ditch-digging apparatus; well-boring apparatus; road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes; and earth-moving equipment. The term does not include manufactured homes, dump trucks, truck-mounted transit mixers, cranes, or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(24) STATE. A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
(25) TRANSPORTER. A person engaged regularly in the business of either of the following:
a. Facilitating the delivery of motor vehicles, mobile homes, trailer coaches, travel trailers, house trailers, semitrailers or trailers, including utility trailers, or boats between manufacturers, distributors, dealers, or persons.
b. Facilitating the delivery of special mobile equipment from the manufacturer of the equipment to a facility of a dealer.
(26) TITLE SERVICE PROVIDER. A person who is bonded under Section 32-8-34(d) and authorized by the department to act as an agent for a fee or other consideration on behalf of the following persons in the performance of their duties under this chapter:
a. A dealer or other designated person appointed pursuant to Section 32-8-34(b) or (c) as a designated agent.
b. A lienholder who appears on a certificate of title.
c. Other persons as prescribed by the department.
(27) TRAVEL TRAILER. A vehicle without motive power, designed and constructed as a camping vehicle or a temporary dwelling, living, or sleeping place and designed to be drawn or pulled on the highway, also known as a house trailer, but not including folding or collapsible camping trailers as defined in this section.
(28) USED VEHICLE. A motor vehicle that has been the subject of a first sale for use, whether within this state or elsewhere, or is being sold by a used motor vehicle dealer as defined in Section 40-12-390.
(29) UTILITY TRAILER. A vehicle without motive power designed to be drawn by a passenger car or pickup truck, including folding or collapsible camping trailers.
(30) VEHICLE IDENTIFICATION NUMBER. The numbers and letters on a motor vehicle designated by the manufacturer or assigned by the department for the purpose of identifying the motor vehicle.
(Acts 1973, No. 765, p. 1147, §1; Acts 1985, 2nd Ex. Sess., No. 85-939, p. 249; Acts 1987, No. 87-806, p. 1581, §1; Acts 1989, No. 89-918, p. 1817, §1; Acts 1991, No. 91-694, p. 1340, §6; Act 2003-345, p. 870, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, p. 1283, §1; Act 2019-238, §1; Act 2021-426, §1; Act 2024-190, §1.)
(a) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this chapter.
(b) The department may do any of the following:
(1) Make necessary investigations to procure information required to carry out this chapter.
(2) Adopt and enforce reasonable rules to carry out this chapter.
(3) Assign a new identification number to a vehicle if it has none, or its identification number is destroyed or obliterated, or its motor is changed, and shall issue a new certificate of title showing the new identification number.
(4) Revoke the authority of a dealer or other person appointed by the department to act as a designated agent under this chapter and rules adopted thereunder when the department finds that the dealer or other person has failed to faithfully perform his or her duties under this chapter or has been convicted of violating any felony provisions of this chapter or of Title 40.
(5) Revoke the authority of a title service provider to act as an agent on behalf of persons described in subdivision (22) of Section 32-8-2 when the department finds that the title service provider has failed to faithfully perform his or her duties under this chapter and rules adopted thereunder or has been convicted of violating any felony provisions of this chapter or of Title 40.
(c) The department, in accordance with applicable privacy and confidentiality statutes, rules, and regulations, may make available information concerning the status of a title on any vehicle as reflected by the records in a manner prescribed by the department. The department shall charge the fees set forth in Section 32-8-6; provided, that no fee shall be charged to Alabama law enforcement agencies or law enforcement agencies of any other state when that state furnishes like or similar information without charge to the department or to Alabama law enforcement agencies.
(d) Whenever this chapter provides that a written certificate or other document is to be filed with the department, the commissioner may establish procedures for and accept in lieu of such paper document a filing made by electronic means and may waive the notarization requirements as otherwise required by this chapter. The department may also establish procedures for the electronic transfer of title and the recording and release of security interests. The filing or transfer by electronic means shall be accepted only if the content of the filing satisfies all of the requirements of this chapter.
(e) The Department of Revenue may adopt rules for the implementation and administration of Act 2021-171.
(Acts 1973, No. 765, p. 1147, §26; Act 2003-345, p. 870, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2019-238, §1; Act 2021-171, §§2, 3.)
(a) There shall be paid to the department for issuing and processing documents required by this chapter a fee of fifteen dollars ($15) for each of the following transactions:
(1) Each application for certificate of title;
(2) Each application for replacement or corrected certificate of title;
(3) Each application for certificate of title after transfer;
(4) Each notice of security interest;
(5) Each assignment by lienholder;
(6) Each application for ordinary certificate of title upon surrender of a distinctive certificate; or
(7) Each application for the title history on a vehicle.
(b) The designated agents shall add the sum of one dollar fifty cents ($1.50) for each transaction, as specified in subsection (a), processed for which this fee is charged to be retained as the agent’s commission for services rendered, and all other fees collected shall be remitted to the department in a manner prescribed by the department.
(c) If more than one transaction is involved in any application on a single vehicle and if supported by all required documents, the fee charged by the department and by the designated agent for processing and issuing shall be considered as only one transaction for which the designated agent shall receive and retain one dollar fifty cents ($1.50) and shall collect and remit to the department fifteen dollars ($15).
(d) Every transaction shall be accompanied by the fee specified in this chapter, regardless of whether the title is issued electronically or not, unless specifically exempted by this chapter.
(e) Notwithstanding any other provisions of this section, when any motor vehicle record, as prescribed by the department, is requested, other than a title history as provided in subdivision (7) of subsection (a), and the record is provided electronically or in the form of a printout of an electronic record, the fee shall be five dollars ($5). The five dollar ($5) fee shall be distributed as follows: Fifty percent shall be distributed to the State General Fund and the remaining 50 percent shall be retained by the department for use solely by the Motor Vehicle Division of the department for training and technological and processing improvements.
(f) The department may establish and charge a fee not greater than the fee provided in subsection (e) for motor vehicle records obtained through the national motor vehicle title information system and provided to end users. The fee shall be retained by the department for use solely by the motor division of the department for costs associated with providing the records, training, and technological and processing improvements.
(g) All motor vehicle title records, registration records, and any other motor vehicle records as designated by the department containing personal information as defined under state or federal law, rules, or regulations shall only be released by the department in accordance with such laws, rules, or regulations. The department may establish procedures to insure that all motor vehicle record disclosures are handled in a uniform manner.
(h) The department may prescribe the method of payment of any fees required under this chapter.
(Acts 1973, No. 765, p. 1147, §31; Acts 1988, 1st Sp. Sess., No. 88-730, p. 127, §1; Act 2005-322, 1st Sp. Sess., p. 784, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, p. 1283, §1.)
(a) The judge of probate or other county official who is authorized and required by law to issue license plates and who is required to process applications for certificate of title by this chapter may collect and retain a one dollar and fifty cent ($1.50) commission fee for each application processed in addition to the one dollar and fifty cent ($1.50) designated agent commission fee to further defray the cost of processing and mailing of title applications.
(b) When an application is not processed through a designated agent, the department may collect and retain a commission for each application processed by the department to defray the cost associated with processing and supporting electronic title applications and payments. The commission amount shall be the same as the commissions provided for designated agents and, in addition to all other appropriations, shall be continuously appropriated to the department.
(Acts 1973, No. 765, p. 1147, §32; Acts 1988, 1st Sp. Sess., No. 88-730, p. 127, §2; Act 2021-171, §2.)
(a) Any sheriff, deputy sheriff, policeman of an incorporated municipality or duly authorized representative of the Department of Public Safety or Department of Revenue of this state may enter into the premises of any automobile salvage dealer, junkyard, automobile, or other motor vehicle dealer licensed therefor by the State of Alabama or any political subdivision thereof and inspect the identification numbers of all motor vehicles or parts thereof contained on said premises, at any time of the day or night in order to enforce the provisions of this chapter.
(b) Any sheriff, deputy sheriff, policeman of an incorporated municipality, or duly authorized commissioned law enforcement officer of the Department of Public Safety or the Department of Revenue of this state shall have the power to serve and execute any and all search warrants obtained in accordance with law for the purposes of the provisions of this chapter.
(c) Interference by any person with proper inspection by lawful officers as authorized by this section is a misdemeanor.
(Acts 1973, No. 765, p. 1147, §42.)
The department shall provide each designated agent with the forms and rules and regulations provided for in this chapter.
(Acts 1973, No. 765, p. 1147, §48; Act 2009-281, p. 472, §1.)
The department is charged with the enforcement of the provisions of this chapter and it is hereby authorized and empowered to call upon any and all law enforcement agencies and officers of this state for such assistance as it may deem necessary in order to assure such enforcement; and it shall be the duty of such law enforcement agencies and officers to render such assistance to the department when called upon by it to so do.
(Acts 1973, No. 765, p. 1147, §47.)
A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act which if done directly by him, would be a felony or a misdemeanor under a provision of this chapter, is guilty of the same felony or misdemeanor.
(Acts 1973, No. 765, p. 1147, §43.)
A person is guilty of a Class C felony who, with fraudulent intent:
(1) Alters, forges, or counterfeits a certificate of title;
(2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the department prescribes;
(3) Has possession of or uses a certificate of title, knowing it has been altered, forged, or counterfeited; or
(4) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title.
(Acts 1973, No. 765, p. 1147, §44; Act 2009-281, p. 472, §1.)
A person is guilty of a Class A misdemeanor who:
(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(2) Willfully fails to mail or deliver a certificate of title or application therefor to the department within 10 days after time required by this chapter;
(3) Willfully fails to deliver to his or her transferee a certificate of title within 10 days after the time required by this chapter; or
(4) Knowingly and willfully commits a fraud in any application for a title or registration; or
(5) Willfully violates any other provision of this chapter, except as otherwise provided in this chapter.
(Acts 1973, No. 765, p. 1147, §45; Act 2009-281, p. 472, §1.)
[Repealed]
Repealed by Act 2009-281, p. 472, §3, effective July 1, 2009.
(Acts 1973, No. 765, p. 1147, §46.)
(a)(1) Except as provided in Section 32-8-31, every owner of a motor vehicle which is in this state and which is required to be registered under the motor vehicle laws of this state and for which no certificate of title has been issued by the department, shall make application to a designated agent for a certificate of title to the vehicle.
(2) Beginning on January 1, 2026, every owner of an off-road vehicle with a year model 2026 or after or every off-road vehicle that is manufactured with a year model 2026 or after, for which no certificate of title has been issued by the department, shall make application to a designated agent for a certificate of title.
(b) In the event that the owner’s legal name, as recorded on the current certificate of title, has changed, the owner shall make application for a corrected certificate of title to record the current legal name of the owner. The application for certificate of title shall be made prior to the renewal of the registration for the motor vehicle.
(c) Any dealer, acting for himself or herself or another, who sells, trades, or otherwise transfers any vehicle required to be titled under this chapter who does not comply with this chapter shall be guilty of a Class A misdemeanor.
(d) The department may adopt rules to implement and administer this section.
(Acts 1973, No. 765, p. 1147, §2; Acts 1989, No. 89-918, p. 1817, §2; Act 2009-746, p. 2236, §2; Act 2015-362, p. 1109, §2; Act 2016-358, p. 890, §1; Act 2024-190, §1.)
No certificate of title shall be issued under this chapter for any of the following:
(1) A vehicle owned by the United States or any agency thereof.
(2) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer solely for testing.
(3) A vehicle owned by a nonresident of this state and not required by law to be registered in this state.
(4) A vehicle for which the Alabama license plate issuing official has verified that both the current owner and operator is recorded as the owner and operator on a currently effective certificate of title issued by another state and the certificate of title is being held by a recorded lienholder.
(5) A vehicle moved solely by animal power.
(6) An implement of husbandry.
(7) Special mobile equipment.
(8) A pole trailer.
(9) A trailer, semitrailer, travel trailer, or moving collapsible and folding camper more than 20 model years old. This exemption is applicable on January 1 of each year and applies to a trailer, semitrailer, travel trailer, or moving collapsible folding camper with a model year, as designated by the manufacturer, more than 20 years from the current calendar year.
(10) A manufactured home as defined in Section 32-20-2.
(11) Utility trailers other than moving collapsible and folding campers.
(12) A low speed vehicle, including neighborhood electric vehicles, defined as a four-wheeled motor vehicle with a top speed of not greater than 25 miles per hour, a gross vehicle weight rating of less than 3,000 pounds, and complying with the safety standards provided in 49 C.F.R. § 571.500.
(13) Any other motor vehicle more than 35 model years old. This exemption is applicable on January 1 of each year and applies to all motor vehicles with a model year, as designated by the manufacturer, more than 35 years from the current calendar year.
(14) A mini-truck as defined in Section 40-12-240.
(15) A motor-driven cycle as defined in Section 32-1-1.1.
(16) An off-road vehicle more than 10 model years old.
(17) Any other vehicles as prescribed by the department.
(Acts 1973, No. 765, p. 1147, §3; Acts 1989, No. 89-918, p. 1817, §3; Act 2003-345, p. 870, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, p. 1283, §1; Act 2011-205, p. 384, §2; Act 2016-358, p. 890, §1; Act 2024-190, §1.)
(a) No motor vehicle license (or license plate) shall be issued and no motor vehicle license (or license plate) shall be transferred for use on a motor vehicle required to be titled under this chapter except on presentation by the owner to the license plate issuing official, the copy of an application for a certificate of title to such vehicle, or a certificate of title to such vehicle; provided however, this section shall not apply thereafter to the renewal of such license by such owner of such motor vehicle.
(b) No motor vehicle license or license plate shall be issued and no motor vehicle license or license plate shall be transferred for use on a motor vehicle not required to be titled under this chapter, other than a vehicle subject to registration pursuant to Section 32-6-56 or a vehicle that has been registered in this state during the current year or previous two calendar years until the license plate issuing official has physically inspected the vehicle and verified that the vehicle identification number on the vehicle is the same as the vehicle identification number on the documents required to register the vehicle; provided, however, this section shall not apply thereafter to the renewal of such license by such owner of such motor vehicle.
(c) The provisions of subsection (b) shall not apply to any utility trailer or to 1975 and subsequent year motor vehicles owned by a manufacturer or dealer and held for sale or vehicles registered under the provisions of Section 40-12-264(b) or Section 40-12-264(g).
(Acts 1973, No. 765, p. 1147, §33; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, §1.)
No motor vehicle required to be titled under the provisions of this chapter shall be assessed for ad valorem taxes by a tax assessor, director of revenue, or other county official authorized and required by law to assess motor vehicles for ad valorem taxes unless the application therefor is accompanied by a copy of an application for a certificate of title to such vehicle, a certificate of title to such vehicle, a duplicate certificate of title to such vehicle where the original is held by a lienholder, or a copy of an application for a replacement certificate of title; provided, however, when the owner of a motor vehicle has complied with the provisions of this section in licensing a motor vehicle or having the license for a motor vehicle transferred to him or her this section shall not apply thereafter to the renewal of such license by such owner of such motor vehicle.
(Acts 1973, No. 765, p. 1147, §32A.)
(a) Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license plates shall by virtue of his or her office be a designated agent of the department. Judges of probate, commissioners of licenses, directors of revenue, or other licensing officials may perform their duties under this chapter either personally or through any of their deputies.
(b) Every dealer, as defined in this chapter, shall be a designated agent of the department. The dealers shall perform their duties under this chapter personally, through any of their officers or employees, or through a title service provider; provided, that the dealer shall enter into a bond with a corporate surety authorized to do business in this state as surety thereon, payable to the State of Alabama in a sum as provided in Section 40-12-398, conditioned on the faithful performance of their duties under this chapter. No dealer appointed under this subsection as a designated agent shall process title applications on behalf of another dealer unless both dealerships are owned by the same entity.
(c) The department may appoint other persons in this state as its designated agents. Such agents shall perform their duties under this chapter either personally, through any of their officers or employees, or through a title service provider. An appointee shall enter into a bond as provided in subsection (b). Full-time bonded employees of the Department of Revenue may serve as designated agents without additional bond. A qualified designated agent of the department located outside of this state may continue as a designated agent of the department as long as he or she complies with the requirements of this chapter.
(d) Each title service provider shall enter into a bond with a corporate surety authorized to do business in this state as a surety, thereon payable to the state in a sum provided in Section 40-12-398, conditioned on the faithful performance of their duties under this chapter.
(Acts 1973, No. 765, p. 1147, §4; Act 2003-345, p. 870, §1; Act 2009-746, p. 2236, §2; Act 2015-362, p. 1109, §2; Act 2019-238, §1.)
(a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to a designated agent, on the form the department prescribes, and shall contain all of the following:
(1) The current legal name, current residence, and current mailing address of the owner.
(2) A description of the vehicle including the following data: Year, make, model, vehicle identification number, type of body, the number of cylinders, color, and whether new or used.
(3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements.
(4) Other information that the department may require.
(b) If the application is for a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of the security agreement. The application shall be signed by the designated agent as well as the owner, and the designated agent shall forward the application to the department in a manner prescribed by the department.
(c) If the application is for a new vehicle, it shall be accompanied by the certified manufacturer’s statement of origin showing proper assignments to the applicant. The manufacturer, upon the shipment of a motor vehicle into this state, shall promptly furnish the dealer with a certified statement of origin.
(d) Each application shall contain or be accompanied by the certificate of a designated agent that the vehicle has been physically inspected by the agent, that the vehicle identification number and descriptive data shown on the application, pursuant to the requirements of subdivision (a)(2), are correct, and that the agent identified the person signing the application and verified the signature.
(e) If the application is for a first certificate of title on a vehicle other than a new vehicle, then the application shall conform with the requirements of this section; except, that in lieu of the manufacturer’s statement of origin, the application shall be accompanied by a copy of the bill of sale of the motor vehicle whereby the applicant claims title or in lieu thereof certified copies of the last two years’ license plates and tax receipts and any other information the department may reasonably require to identify the vehicle and to enable the department to determine the ownership of the vehicle and the existence or nonexistence of security interests in it.
(f) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by all of the following:
(1) Any certificate of title issued by the other state or country.
(2) Any other information and documents as the department may reasonably require to establish the ownership of the vehicle and the existence or nonexistence of security interests in it.
(3) The certificate of a designated agent that the vehicle has been physically inspected by him or her, that the vehicle identification number and descriptive data shown on the application pursuant to subdivision (a)(2) are correct, and any other proof of the identity of the vehicle as the department may reasonably require.
(g) Every designated agent, within 10 calendar days after an application is received by him or her, shall forward to the department, in a manner as prescribed by the department, the fee as provided in Section 32-8-6, and the application, along with any other evidence of title as may have been delivered to the designated agent by the applicant.
(Acts 1973, No. 765, p. 1147, §5; Acts 1977, No. 252, p. 329, §1; Act 2003-345, p. 870, §1; Act 2005-322, 1st Sp. Sess., p. 784, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2015-362, p. 1109, §2; Act 2021-171, §2.)
If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may accept the application but shall either:
(1) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant’s ownership of the vehicle and that there are no undisclosed security interests on it; or
(2) As a condition of issuing a certificate of title, require the applicant to file with the department a bond in the form prescribed by the department and executed by the applicant, and executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount prescribed by the department and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall be returned at the end of three years or prior thereto if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
(3) The department may establish uniform bond amounts for vehicles.
(Acts 1973, No. 765, p. 1147, §10; Act 2010-579, p. 1283, §1.)
(a) The department upon receiving an application for certificate of title shall check the vehicle identification number shown in the application against the record of stolen or converted vehicles maintained by it.
(b) The department shall examine each application received and, when satisfied that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title to the vehicle on the form prescribed by the department.
(c) The department shall maintain a record of all certificates of title issued pursuant to the provisions of this chapter:
(1) Under a distinctive title number assigned to the vehicle;
(2) Under the vehicle identification number;
(3) Under the name of the owner; and
(4) In the discretion of the department, by any other method the department determines.
(Acts 1973, No. 765, p. 1147, §6.)
(a) The rules and regulations promulgated by the department shall make suitable provisions for the use by an applicant of the duplicate copy of his or her application for a certificate of title to serve as a permit for the operation of the motor vehicle described in the application until the department either issues the certificate of title of such motor vehicle or refuses to issue the certificate; and every designated agent receiving an application for the certificate of title, when the provisions of this chapter have been otherwise complied with, shall deliver to the applicant the duplicate copy of his or her application which shall contain a suitable permit for the purposes mentioned in this subsection. After the certificate of title is issued, the owner’s permit copy of the application for this certificate of title shall continue to serve as evidence of ownership and as a permit for the operation of the vehicle.
(b) In the event the department refuses to issue the certificate of title, the applicant shall, immediately upon receiving written notice from the department that such certificate will not be issued for the reason or reasons stated in the notice, deliver or mail to the department by registered or certified mail the duplicate copy of his or her application containing the permit mentioned in subsection (a) of this section and the current license tag which was issued for the vehicle; and the motor vehicle described in the application shall not be operated on the highways or other public places of this state after the applicant receives notice that the certificate will not be issued unless its operation is subsequently authorized by the department either by the issuance of a new permit or certificate of title. If for any reason the duplicate copy of the application for certificate of title and the current license tag which were issued for the vehicle in question are not received by the department within 10 calendar days after the department mails written notice to the applicant that it will not issue the certificate of title applied for, the department, or, at the request of the department, any state highway patrolman, sheriff or other peace officer of this state is authorized and empowered to and shall require and compel the surrender of the duplicate copy of the application for certificate of title and the current license tag; and the department, after it obtains possession of the duplicate copy of application for certificate of title and the current license tag, is authorized to retain same until it is satisfied that the applicant is entitled to receive a certificate of title to the vehicle in question.
(Acts 1973, No. 765, p. 1147, §7; Acts 1985, No. 85-705, p. 1158, §1.)
(a) Each certificate of title issued by the department shall contain:
(1) The date issued;
(2) The current legal name and current address of the owner;
(3) The names and addresses of any lienholders in the order of priority as shown on the application, or if the application is based on a certificate of title, as shown on the certificate;
(4) The title number;
(5) A description of the vehicle including the following data: year, make, model, vehicle identification number, type of body, number of cylinders, whether new or used and if a new vehicle the date of the first sale of the vehicle for use; and
(6) Any other data the department prescribes.
(b) Unless security is furnished as provided in Section 32-8-36, a distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country, the laws of which do not require that lienholders be named on a certificate of title to perfect their security interests. The certificate shall contain the legend, “This vehicle may be subject to an undisclosed lien” and may contain any other information the department prescribes. If no notice of a security interest in the vehicle is received by the department within four months from the issuance of the distinctive certificate of title, the department shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.
(c) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest by a lienholder.
(d) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
(e) A certificate of title to a vehicle is not subject to garnishment, attachment, execution or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle.
(Acts 1973, No. 765, p. 1147, §8; Act 2015-362, §2.)
If the department is not satisfied that there are no undisclosed security interests created before this chapter takes effect in a previously registered vehicle, the department may, in addition to the department’s options under Section 32-8-36, issue a distinctive certificate of title of the vehicle containing the legend, “This vehicle may be subject to an undisclosed lien” and containing any other information the department prescribes.
(Acts 1973, No. 765, p. 1147, §29.)
The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. If the certificate of title is issued electronically, the designated agent that processed the application, at the time of issuance, shall provide the owner with a printed copy of the electronic certificate of title record.
(Acts 1973, No. 765, p. 1147, §9; Acts 1985, No. 85-705, p. 1158, §2; Act 2009-281, p. 472, §1.)
The department shall refuse issuance of certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that one of the following exists:
(1) The applicant is not the owner of the vehicle.
(2) The application contains a false or fraudulent statement.
(3) The vehicle was not manufactured to comply with federal and state statutes, rules, and regulations governing safety, emissions, and antitheft standards in effect at the time of manufacture, and has not subsequently been modified to comply with the standards.
(4) A vehicle is exempt pursuant to Section 32-8-31.
(5) The applicant fails to furnish required information or documents or any additional information the department reasonably requires.
(Acts 1973, No. 765, p. 1147, §11; Act 2003-345, p. 870, §1; Act 2016-358, §1.)
(a) If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department and payment of the applicable transaction fee and commissions as required by this chapter. The replacement certificate of title shall contain the legend, “This is a replacement certificate and may be subject to the rights of a person under the original certificate.” It shall be mailed to the first lienholder named in it or, if none, to the owner.
(b) The department shall not issue a new certificate of title to a transferee upon application made on a replacement certificate until 15 calendar days after the issuance date of the surrendered replacement title or unless the title information can be verified electronically through the National Motor Vehicle Title Information System.
(c) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.
(Acts 1973, No. 765, p. 1147, §12; Act 2003-345, p. 870, §1; Act 2021-171, §2.)
(a) If an owner transfers his interest in a vehicle, other than by the creation of a security interest, he shall, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the department.
(b) Except as provided in this section, the transferee shall, promptly after delivery to him of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to a designated agent.
(c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his security agreement, deliver the certificate to the transferee. Upon receipt of the certificate the transferee shall make application to a designated agent for a new certificate. The delivery of the certificate does not affect the rights of the lienholder under his security agreement.
(d) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder and the parties shall comply with the provisions of Section 32-8-62.
(e) Except as provided in Section 32-8-45, and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with.
(Acts 1973, No. 765, p. 1147, §13.)
(a) If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder within 15 days after delivery to him of the vehicle, he need not send the certificate to the department but, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate to a designated agent with the transferee’s application for a new certificate.
(b) Every dealer shall maintain for five years a record in the form the department prescribes of every vehicle bought, sold or exchanged by him or received by him for sale or exchange, which shall be open to inspection by representatives of the department and law enforcement officers during reasonable business hours.
(Acts 1973, No. 765, p. 1147, §14.)
(a)(1) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as hereinafter provided in subsection (b), promptly mail or deliver to a designated agent the last certificate of title, if available, and proof of the transfer, together with his or her application for a new certificate in the form the department prescribes.
(2) Except as provided in subdivision (3), a person or entity initiating an involuntary transfer by operation of law in this state shall give notice of the action to the department at least 35 calendar days prior to the date of the transfer. The notice shall be in a manner as prescribed by the department and shall include all of the following:
a. The contact information for the person or entity filing the notice.
b. The motor vehicle’s identification number, year, make, and model.
c. The date, time, and location of the involuntary transfer by operation of law.
(3) The notice provisions of this subsection shall not apply to a motor vehicle transferred pursuant to Chapter 13, to a motor vehicle transferred pursuant to a divorce decree, or to a motor vehicle transferred pursuant to documents creating a lien or other security interest in the motor vehicle.
(4) The department shall maintain and appropriately index public records of motor vehicles reported to it pursuant to this subsection. The department may provide lists of the vehicle identification numbers for the motor vehicles without fee in a manner as the department determines.
(5) An application for certificate of title may not be issued for a motor vehicle subject to an involuntary transfer by operation of law until the notice requirements of this subsection are satisfied.
(b) If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly make application to a designated agent for a new certificate in the form the department prescribes. The application shall be accompanied by the last certificate of title and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement.
If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he or she need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee the certificate, affidavit and other documents required by the department. The transferee shall promptly make application to a designated agent for a new certificate in the form prescribed by the department.
(c) Notwithstanding anything to the contrary contained in this section, a person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall forthwith mail or deliver the certificate to the department upon request of the department; and the delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate; and the action of the department in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate.
(Acts 1973, No. 765, p. 1147, §15; Act 2016-358, §1.)
(a) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents required by the department, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
(b) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the department, the department shall make demand therefor from the holder thereof.
(c) A transferor of a vehicle other than a dealer transferring a new vehicle shall deliver to the transferee at the time of the delivery of possession of the vehicle the license plate for the vehicle; provided, that the license plate does not have to be delivered where a provision of law allows such plate to be retained by the owner of the vehicle.
(d) The department shall file every surrendered certificate of title, or a microfilm of every such certificate, for a period of time deemed necessary by it in order to permit the tracing of title of the vehicle designated therein.
(Acts 1973, No. 765, p. 1147, §16.)
(a) The department shall suspend or revoke a certificate of title, subject to the appeal provisions of Chapter 2A of Title 40, when authorized by any other provision of law or if it finds:
(1) The certificate of title was fraudulently procured or erroneously issued; or
(2) The vehicle has been scrapped, dismantled or destroyed.
(b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
(d) Should any person fail to comply with the provisions of subsection (c) of this section the department shall seize and impound the certificate of title which has been revoked. It shall also be the duty of any peace officer, on notification to him by the department of the failure of a person to mail or deliver a revoked certificate of title to the department, to seize and mail or deliver to the department the revoked certificate of title.
(Acts 1973, No. 765, p. 1147, §25; Acts 1992, No. 92-186, p. 349, §14.)
This chapter does not apply to or affect any of the following:
(1) A lien given by statute or rule of law to a supplier of services or materials for the vehicle.
(2) A lien given by statute to the United States, this state, or any political subdivision of this state.
(3) A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes title free of the security interest.
(4) A lien on a utility trailer exempted under this chapter when the lien was created or established on or after January 1, 2004.
(5) A lien on a manufactured home exempted under this chapter when the lien was created or established on or after January 1, 2010.
(Acts 1973, No. 765, p. 1147, §18; Act 2003-345, p. 870, §1; Act 2009-746, p. 2236, §2.)
In the case of motor vehicles as defined in Section 32-8-2(10), notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because the transaction provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle.
(Acts 1991, No. 91-549, p. 1012, §1.)
(a) Unless excepted by this section, a security interest in a vehicle for which a certificate of title is required by the terms of this chapter is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this article.
(b) A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery.
(Acts 1973, No. 765, p. 1147, §19; Acts 1977, No. 252, p. 329, §2; Acts 1981, No. 81-312, p. 399, §7-11-109(2); Acts 1987, No. 87-412, p. 606; Act 2001-313, p. 405, §1.)
If an owner creates a security interest in a vehicle:
(1) The owner shall immediately execute the application in the space provided therefor on the certificate of title, or on a separate form the department prescribes to name the lienholder on the certificate showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the required fee to be delivered to the lienholder.
(2) The lienholder shall immediately cause the certificate, application and required fee to be mailed or delivered to the department.
(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the department, or, upon receipt from the subordinate lienholder of the owner’s application and the required fee, mail or deliver them to the department with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement.
(4) Upon receipt of the certificate of title, application and the required fee, the department shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.
(Acts 1973, No. 765, p. 1147, §20.)
(a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate in the manner prescribed by the department.
(b) The department shall file each assignment received by the department with the required fee, and note the assignee as lienholder upon the record of notices of security interests maintained by the department.
(Acts 1973, No. 765, p. 1147, §21.)
(a) Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, he or she shall, within 10 days after demand, execute a release of his or her security interest, in the space provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the lienholder’s rights on the certificate or issue a new certificate.
(b) Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within 10 days after demand execute a release in the form the department prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the department, or, upon receipt of the release, mail or deliver it with the certificate to the department which shall release the subordinate lienholder’s rights on the certificate or issue a new certificate.
(c) The department may establish alternative methods for releasing security interests when a lienholder recorded on a certificate of title is no longer in business.
(d) Upon receipt of the releases of security interests mentioned in subsections (a) and (b), the department shall file each release in the manner prescribed by the department and note the same upon the records of notices of security interests maintained by it.
(Acts 1973, No. 765, p. 1147, §22; Act 2010-579, p. 1283, §1.)
Except for liens and security interests listed on certificates of title for manufactured homes, travel trailers, or vehicles that weigh more than 12,000 pounds gross weight, which shall be satisfied only in conformity with Section 32-8-64, any lien or security interest shall be considered satisfied and release shall not be required after 12 years from the date of the security agreement as recorded on the certificate of title. Nothing in this section shall preclude the perfection of a lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of 12 years, by application for a new certificate of title on which the lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than 12 years for a vehicle other than a manufactured home, travel trailer, or vehicle that weighs more than 12,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed shall be submitted to the designated agent before 12 years from the date of the security agreement as recorded on the original title. Otherwise, the lien or security interest shall be perfected as provided by Section 32-8-61.
(Act 2003-345, p. 870, §2.)
(a) Except for liens and security interests listed on certificates of title for travel trailers or vehicles that weigh more than 12,000 pounds gross weight, which shall be satisfied only in conformity with Section 32-8-64, any lien or security interest shall be considered satisfied and release shall not be required after four years from the date of the security agreement as recorded on the certificate of title for vehicles which are 12 or more model years old. Nothing in this section shall preclude the perfection of a lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of four years, by application for a new certificate of title on which the lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than four years for a vehicle other than a travel trailer or vehicle that weighs more than 12,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed shall be submitted to the designated agent before four years from the date of the security agreement as recorded on the original title. Otherwise, the lien or security interest shall be perfected as provided by Section 32-8-61.
(b) The department may require that all lien releases shall be electronically submitted to the department within 10 days of the date that a lien or security interest in a motor vehicle is satisfied.
(Act 2011-633, p. 1507, §3; Act 2013-224, p. 541, §1.)
A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his or her security agreement and the indebtedness secured by it.
(Acts 1973, No. 765, p. 1147, §23.)
The method provided in this article of perfecting and giving notice of security interest in motor vehicles required to be titled under the terms of this chapter or titled under the terms hereof, shall be exclusive.
Security interests in motor vehicles required to be titled or which are titled under this chapter, are hereby exempted from the provisions of law which otherwise require the filing or recording of financing statements or of other instruments creating or evidencing security interests.
Security interests in motor vehicles not required to be titled under this chapter or not titled under the terms hereof, which are perfected under any other applicable laws of this state shall not be affected by this chapter but shall continue in all respects to be governed by such other laws of this state.
(Acts 1973, No. 765, p. 1147, §24.)
(a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department:
(1) Alphabetically, under the name of the owner;
(2) Under the vehicle identification number;
(3) Under the certificate of title number; and
(4) In the discretion of the department, by any other method it determines.
(b) The department before issuing or reissuing a certificate of title shall check the name of the owner and the certificate of title number of the vehicle against the record provided for in subsection (a).
(Acts 1973, No. 765, p. 1147, §30.)
Notwithstanding any requirement in this chapter that a lien on a motor vehicle shall be noted on the face of the certificate of title, if there is one lien or more liens or encumbrances on the motor vehicle, the department may electronically transmit the lien to the first lienholder and notify the first lienholder of any additional liens. Subsequent lien satisfactions may be electronically transmitted to the department and shall include the name and address of the person satisfying the lien. If liens and lien releases are processed electronically and the last lien is satisfied, a title will be issued to the owner of the vehicle in a manner prescribed by the department. When a vehicle is subject to an electronic lien, the certificate of title for the vehicle shall be considered to be physically held by the lienholder for purposes of compliance with state or federal odometer disclosure requirements. A duly certified copy of the department’s electronic record of the lien shall be admissible in any civil, criminal, or administrative proceeding in this state as evidence of the existence of the lien.
(Act 2009-281, p. 472, §2; Act 2009-746, p. 2236, §3.)
This article does not apply to the following unless a title certificate has been issued on such vehicles under this chapter:
(1) A vehicle moved solely by animal power;
(2) An implement of husbandry;
(3) Special mobile equipment; and
(4) A self-propelled wheelchair or invalid tricycle.
(Acts 1973, No. 765, p. 1147, §34.)
A person not entitled to possession of a vehicle who, without the consent of the owner and with intent to deprive him or her, temporarily or otherwise, of the vehicle or its possession, takes, uses, or drives the vehicle is guilty of a felony.
(Acts 1973, No. 765, p. 1147, §36.)
A person not entitled to the possession of a vehicle who receives, possesses, conceals, sells, or disposes of it, knowing it to be stolen or converted under circumstances constituting a crime, is guilty of a felony.
(Acts 1973, No. 765, p. 1147, §36.)
(a) A person who, willfully and without right to do so, damages a vehicle or damages or removes any of its parts or components is guilty of a misdemeanor.
(b) A person who, without right to do so and with intent to commit a crime, tampers with a vehicle, or goes in or on it, or works or attempts to work any of its parts or components, or sets or attempts to set it in motion is guilty of a misdemeanor.
(Acts 1973, No. 765, p. 1147, §37.)
AMENDED BY ACT 2026-263, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The following shall be considered an unclaimed motor vehicle:
(1) A motor vehicle left unattended on a public road or highway for more than 48 hours.
(2) A motor vehicle, not left on private property for repairs, that has remained on private or other public property for a period of more than 48 hours without the consent of the owner or lessee of the property.
(3) A motor vehicle, left on private property for repairs, that has not been reclaimed within 48 hours from the latter of either the date the repairs were completed or the agreed upon redemption date.
(b) A person, as defined in Section 40-12-240, in possession of an unclaimed motor vehicle shall report the motor vehicle as unclaimed to the Department of Revenue within five calendar days from the date the motor vehicle first was considered unclaimed. The report shall be made in a manner as prescribed by the department.
(c)(1) Upon receiving notice as required in subsection (b), the department shall place a 60-calendar day hold on the title record and no title shall be issued during that time period unless the title transaction occurred prior to the date the motor vehicle was deemed unclaimed or the motor vehicle was returned to the recorded owner or lienholder of record, if any.
(2) If the motor vehicle was returned to the recorded owner or lienholder of record, if any, prior to the conclusion of the hold period on the title record, the person who reported the motor vehicle as unclaimed shall report the return of the motor vehicle within five calendar days in a manner as prescribed by the department.
(d)(1) A person in possession of an unclaimed motor vehicle, upon reporting the motor vehicle as unclaimed to the department, shall utilize the National Motor Vehicle Title Information System (NMVTIS) to determine the current title state of record or, if no current title exists for the motor vehicle, the most recent state of registration for the motor vehicle. Thereafter, the person shall submit a records request to the state of record within five calendar days from the date the motor vehicle was reported as unclaimed to the department.
(2) The records request shall be sent to the current title state of record in order to obtain the name and address of the owner and lienholder of record, if any. If no current title exists, the records request shall be sent to the most recent state of registration in order to obtain the name and address of the owner.
(3)a. In the event that no NMVTIS record exists and there is evidence that could be reasonably ascertained by the person indicating that the motor vehicle has been registered in another state, the person, within five calendar days from the date the motor vehicle was reported as unclaimed to the department, shall submit a records request to the state of registration in order to obtain the name and address of the owner. Thereafter, the person shall send notice by certified mail with either return receipt requested or electronic delivery confirmation, within five calendar days from receipt of the title record, to the owner and lienholder of record, if any, or registration record, to the owner of record, advising the owner and lienholder of record, if any, of the location of the motor vehicle, normal business hours of the facility holding the motor vehicle, any accrued charges or fees, the daily storage rate, and the mailing address and contact telephone number of the person in possession of the motor vehicle.
b. The notice required in paragraph a. shall include the following language in no smaller than 10 point type: “If this motor vehicle is not redeemed by the recorded owner or lienholder of record within 30 calendar days from the date of this notice, the motor vehicle shall be considered abandoned as defined in Section 32-13-1, Code of Alabama 1975. The motor vehicle may then be sold pursuant to the provisions of the Alabama Abandoned Motor Vehicle Act as provided for in Title 32, Chapter 13, Code of Alabama 1975.”
(4) A person who fails to report a motor vehicle as unclaimed or fails to notify the owner and lienholder of record, if any, in accordance with this subsection shall forfeit all claims and liens for the motor vehicle’s garaging, parking, and storage prior to the time the motor vehicle is reported as unclaimed; provided, however, failure to report shall not result in the forfeiture of claims and liens for the towing and repair of a motor vehicle.
(e)(1) The department shall maintain and appropriately index public records of unclaimed motor vehicles reported to it pursuant to this section. The department may provide lists of the vehicle identification numbers for such motor vehicles without fee in a manner as the department prescribes.
(2) The department shall provide notice of unclaimed motor vehicles to law enforcement.
(3) Notice shall also be provided to the person who reported the motor vehicle as unclaimed if it has been reported as stolen to law enforcement.
(f)(1) The department may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to this section. Until the department learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the motor vehicle.
(2) A title shall be issued by the department in the name of an insurance company on a vehicle that is reported stolen when a settlement between the insured and his or her insurance company has occurred. The title shall be issued electronically in the name of the insurance company until the vehicle has been recovered, and, if recovered, the title may be issued in paper form.
(Acts 1973, No. 765, p. 1147, §38; Act 2011-645, p. 1643, §1; Act 2015-470, p. 1608, §1; Act 2019-245, §1.)
A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer or to the department is guilty of a misdemeanor.
(Acts 1973, No. 765, p. 1147, §39.)
(a) A person who willfully removes or falsifies an identification number of a vehicle, engine, transmission or other identifiable component part of a vehicle is guilty of a Class A misdemeanor and shall be punished as required by law.
(b) A person who, willfully and with intent to conceal or misrepresent the identity of a vehicle, engine, transmission or other identifiable component part of a vehicle or removes or falsifies an identification number of the same is guilty of a Class C felony and shall be punished as required by law.
(c) A person who buys, receives, possesses, sells or disposes of a vehicle, or an engine, transmission or other identifiable component part of a vehicle, knowing that an identification number of the same has been removed or falsified, is guilty of a Class A misdemeanor and shall be punished as required by law.
(d) A person who buys, receives, possesses, sells or disposes of a vehicle, engine, transmission or other identifiable component part of a vehicle, with knowledge that an identification number of same has been removed or falsified and with intent to conceal or misrepresent the identity of same is guilty of a Class C felony and shall be punished as required by law.
(e) A person who removes a license plate or tag from a vehicle or affixes to a vehicle a license plate or tag not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of a vehicle or its owner, is guilty of a Class A misdemeanor and shall be punished as required by law.
(f) As used in this section:
(1) IDENTIFICATION NUMBER. Such term includes an identifying number, serial number, engine number or other distinguishing number or mark placed on a vehicle, engine, transmission or other component part of a vehicle, by its manufacturer or by authority of the department or in accordance with the laws of another state or country.
(2) REMOVE. Such term includes deface, cover and destroy.
(3) FALSIFY. Such term includes alter and forge.
(4) IDENTIFIABLE COMPONENT PART. Such term includes any part of a vehicle that an identifying number stamped or placed on it by the manufacturer or other authorized person or any part that can be identified by other means as being a part of a particular vehicle.
(g) An identification number may be placed on a vehicle, engine, transmission, or other identifiable component part of a vehicle, by its manufacturer in the regular course of business or placed or restored on same by authority of the department without violating this section; an identification number so placed or restored is not falsified.
(h) Any vehicle, engine, transmission, or other identifiable component part, wherein the identification number or numbers appear to be altered, or removed may be seized and detained by law enforcement officials for a reasonable period of time for determination of the true identity of the vehicle, engine, transmission, or other component parts. Any item seized by law enforcement officials, wherein ownership cannot be determined shall be contraband and subject to forfeiture.
(i) Any seized item taken or retained under this section shall not be subject to replevin but is deemed to be in the custody of the state, county or municipal law enforcement agency subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings.
(j) Any vehicle which has been reported stolen and subsequently recovered by law enforcement officials may be returned to the person claiming ownership upon proper ownership documentation. However, any recovered vehicle wherein ownership is in question shall be returned subject only to the orders of a circuit court having jurisdiction of the matter.
(k) No civil liability shall attach to any law enforcement official acting in good faith under this section.
(l) When property is forfeited under this section, the state, county, or municipal law enforcement agency may with approval of a court of competent jurisdiction:
(1) Retain it for official use.
(2) Have it placed in a crusher and destroyed.
(3) Any vehicle which is retained for official use under this section, shall be placed in a crusher and destroyed, upon its becoming unserviceable.
(Acts 1973, No. 765, p. 1147, §40; Acts 1984, 1st Ex. Sess., No. 84-795, p. 203.)
(a)(1) Each owner of a motor vehicle and each person mentioned as owner in the last certificate of title who scraps, dismantles, destroys, or changes the motor vehicle in such a manner that it is not the same motor vehicle described in the certificate of origin or certificate of title shall as soon as practicable cause the certificate of origin or certificate of title, if any, and any other documents or information required by the department to be mailed or delivered to the department for processing.
(2) The department, with the consent of any holder of liens noted on the surrendered certificate, shall enter a cancellation upon its records. Upon cancellation of a certificate of origin or certificate of title in the manner prescribed by this section, the department shall cancel all certificates of origin or certificates of title in that chain of title. A certificate of title for the vehicle shall not again be issued except upon application containing the information the department requires, accompanied by a certificate of inspection in the form and content as specified in this section.
(3) No motor vehicle for which a salvage or junk certificate has been issued by this state or any other state shall be driven or operated on the highways or other public places of this state. A vehicle which is in this state and for which a salvage certificate has been issued, and the vehicle is being restored to its operating condition which existed prior to the event which caused the salvage certificate of title to issue, may be moved to and from repair points as necessary by the rebuilder to complete the restoration or may be moved as permitted by the department for inspection or for any other purpose. A valid Alabama dealer license plate shall be displayed on the vehicle during its movement. A person who violates this subdivision shall, upon conviction, be guilty of a Class A misdemeanor.
(b)(1)a. When the frame or engine is removed from a motor vehicle and not immediately replaced by another frame or engine, or when an insurance company has paid money or made other monetary settlement as compensation for a total loss of any motor vehicle, the motor vehicle shall be considered to be salvage.
b. The owner of every motor vehicle in which the total loss or salvage has occurred and which has a current title issued in this state or the vehicle is located in this state at the time of title application or branding or both, or the owner is an Alabama resident, within 72 hours after the total loss or salvage occurs, shall make application for a salvage certificate of title and forward to the department the certificate of origin or certificate of title to the motor vehicle and the department shall process the certificate of origin or certificate of title in a manner prescribed by law or rule.
c. An insurance company that pays money or makes other monetary settlement as compensation for total loss of a motor vehicle shall at the time of payment or monetary settlement obtain the vehicle’s properly assigned certificate of origin or certificate of title and, as soon as practicable after receiving it, shall forward it along with the application for a salvage certificate, to the department for processing.
d. In the event the payment or monetary settlement was made because of the theft of the vehicle, which shall be considered a total loss as defined in this section, the insurance company shall forward the vehicle’s properly assigned certificate of origin or certificate of title, as provided herein, to the department as soon as practicable after the vehicle is recovered.
(2) When a stolen motor vehicle has been reported to the department in compliance with this section and is later recovered, and for which a salvage certificate has been issued, the owner recorded on the salvage certificate shall assign that certificate to the purchaser. A person who violates this subsection shall, upon conviction, be guilty of a Class A misdemeanor.
(c) If an insurance company acquires a motor vehicle in settlement of an insurance claim and holds the vehicle for resale and procures the certificate of origin or certificate of title from the owner or lienholder within 15 days after delivery of the vehicle to the insurance company, and if the vehicle was not a total loss as defined by subsection (d), the insurance company need not send the certificate of origin or certificate of title to the department but, upon transferring the vehicle to another person, other than by the creation of a security interest, the insurance company shall complete an affidavit of acquisition and disposition of the motor vehicle on a form prescribed by the department and deliver the certificate of origin or certificate of title, affidavit, and any other documents required by the department to the transferee at the time of delivery of the motor vehicle.
(d)(1) For the purposes of this section, a total loss occurs when an insurance company or any other person pays or makes other monetary settlement to a person when a vehicle is damaged and the damage to the vehicle is greater than or equal to 75 percent of the fair retail value of the vehicle prior to damage as set forth in a current edition of a nationally recognized compilation of retail values, including automated databases.
(2) The compensation for total loss as defined in this subsection shall not include payments by an insurer or other person for medical care, bodily injury, vehicle rental, or for anything other than the amount paid for the actual damage to the motor vehicle. A vehicle that has sustained minor damage as a result of theft or vandalism shall not be considered a total loss.
(3) Any person acquiring ownership of a damaged motor vehicle that meets the definition of total loss for which a salvage title has not been issued shall apply for a salvage title, other than a scrap metal processor acquiring the vehicle for purposes of recycling into metallic scrap for remelting purposes only. This application shall be made before the vehicle is further transferred, but in any event, within 30 days after ownership is acquired.
(e) It shall be unlawful for the owner of any junkyard, salvage yard, or automotive dismantler and parts recycler or his or her agents or employees to have in their possession any motor vehicle that is junk or salvage or a total loss when the manufacturer’s vehicle identification number plate or plates, authorized replacement vehicle identification number plate or plates, or serial plate or plates have been removed, unless previously required to be removed by a statute or law of this state or another jurisdiction. A person who violates this subsection shall, upon conviction, be guilty of a Class A misdemeanor.
(f) It shall be unlawful for a person to possess, sell or exchange, offer to sell or exchange, or to give away any certificate of origin, certificate of title, salvage certificate of title, manufacturer’s identification number plate, authorized replacement vehicle identification number plate, serial plate, or motor vehicle license plate of any motor vehicle that has been scrapped, dismantled, or sold as junk or salvage or as a total loss in violation of this subsection. An individual who violates this subsection shall be guilty of a Class A misdemeanor.
(g) The department may issue a salvage certificate of title for a fee of fifteen dollars ($15), on a form prescribed by the department, which shall provide for assignments of the salvage certificate of title. The salvage certificate of title shall replace a certificate of origin or certificate of title required to be surrendered by this section. The department shall prescribe necessary forms and procedures to comply with this subsection.
(h) It shall be unlawful for a person to sign as assignor or for a person to have in his or her possession a salvage certificate of title that has been signed by the owner as assignor without the name of the assignee and other information called for on the form prescribed by the department. A person who violates this subsection, upon conviction, shall be guilty of a Class A misdemeanor.
(i) Every owner of a salvage or junk motor vehicle who sells or transfers the vehicle to any person shall provide at the time of the sale or transfer a properly executed assignment and warranty of title to the transferee in the space provided therefor on the salvage certificate of title or junk certificate of title or as the department prescribes. A person who willfully violates this subsection shall, upon conviction, be guilty of a Class A misdemeanor.
(j)(1) The department may issue a certificate of title to any motor vehicle for which a salvage certificate has been issued by this or any other state, and the vehicle has, in this state, been completely restored to its operating condition which existed prior to the event which caused the salvage certificate of title to issue, provided that all requirements of this section have been met.
(2) The department may issue a certificate of title for any motor vehicle for which a salvage certificate of title has been issued by this or any other state or when the department has evidence that a salvage title should have been issued by this or any other state, and the vehicle has been completely restored outside of this state to its operating condition which existed prior to the event which caused the salvage certificate of title to be issued, provided the department is satisfied that the vehicle was rebuilt in the other state in accordance with that state’s salvage rebuilding laws.
(3) Any motor vehicle for which a certificate of title has been issued by any state with the notation of junk, parts car, parts only, nonrebuildable, or when a certificate of destruction or bill of sale has been issued for transfer of the vehicle with similar language shall be considered to be a junk vehicle and shall not be titled in this state.
(4) Notwithstanding any other provision of this subsection, no certificate of title may be issued for any vehicle where the frame or the majority of the major component parts were obtained from a junk vehicle.
(k) Every owner of a salvage motor vehicle designated a 1975 year model and all models subsequent thereto which is in this state and which has been restored in this state to its operating condition which existed prior to the event which caused the salvage certificate of title to issue shall make application to the department for an inspection of the vehicle in the form and content as determined by the department. Each application for inspection of a salvage vehicle which has been so restored shall be accompanied by all of the following:
(1) The outstanding salvage certificate or out-of-state title previously issued for the salvage vehicle.
(2) Notarized bills of sale evidencing acquisition of all major component parts, listing the manufacturer’s vehicle identification number of the vehicle from which the parts were removed if parts contain or should contain the manufacturer’s vehicle identification number, used to restore the vehicle and bills of sale evidencing acquisition of all minor component parts. Notarization shall not be required on bills of sale for minor component parts; provided, that a notarized bill of sale that lists the manufacturer’s vehicle identification number of the vehicle from which the parts were removed, if parts contain or should contain the manufacturer’s vehicle identification number, shall be required for a transmission.
(3) Evidence that the owner is a licensed motor vehicle rebuilder, as defined in Section 40-12-390, unless otherwise exempt from the licensing requirement by Chapter 12 of Title 40. Notwithstanding the foregoing, where an owner acquires an Alabama salvage certificate of title to his or her own vehicle from his or her insurance company in settlement of a claim, a prior registration or other documentation that shows that the owner owned the vehicle prior to the salvage title being issued may be submitted in lieu of a rebuilder’s license.
(4) A written affirmation by the owner stating all of the following:
a. The actions taken to restore the vehicle to its operating condition which existed prior to the event which caused the salvage certificate to issue.
b. That the owner personally inspected the completed vehicle and it complies with all safety requirements set forth by the State of Alabama and any rules adopted thereunder.
c. That the identification numbers of the restored vehicle and its parts have not, to the knowledge of the owner, been removed, destroyed, falsified, altered, or defaced.
d. That the salvage certificate document or out-of-state title certificate attached to the application has not to the knowledge of the owner been forged, falsified, altered, or counterfeited.
e. That all information contained on the application and its attachments is true and correct to the knowledge of the owner.
f. An acknowledgment that the owner, as specified in subsection (r), shall be required to post a bond in accordance with Section 32-8-36 in the event that the owner cannot provide any information required in this subsection or any other information specified by the department.
(l) The application fee for each inspection of a restored vehicle shall be seventy-five dollars ($75), payable to the department in a manner as prescribed by the department, and shall accompany the application.
(1) All application fees and title fees received by the department pursuant to this subsection shall be applied toward the personnel and maintenance costs of the vehicle inspection program and the vehicle inspection program shall be conducted by the office of investigations and inspections of the department. Upon receipt of the application for inspection, application fee of seventy-five dollars ($75), its supporting documents, and title fee of fifteen dollars ($15), payable to the department in a manner as prescribed by the department, the department shall require an inspection to be made of the title and the vehicle by qualified agents or law enforcement officers of the department.
(2) The inspection and certification shall include an examination of the vehicle and its parts to determine that the identification numbers of the vehicle or its parts have not been removed, falsified, altered, defaced, destroyed, or tampered with; that the vehicle information contained in the application for certificate of title and supporting documents is true and correct; and that there are no indications that the vehicle or any of its parts are stolen. The certification shall not attest to the roadworthiness or safety condition of the vehicle.
(m) Component parts are defined as:
(1) PASSENGER VEHICLES.
a. Major components:
Motor or engine.
Trunk floor pan or rear section and roof.
Frame or any portion thereof, except frame horn, or, in the case of a unitized body, the supporting structure which serves as the frame, except when it is a part of the trunk floor pan, or rear section and roof.
Cowl, firewall, or any portion thereof.
Roof assembly.
b. Minor components:
Each door allowing entrance to or egress from the passenger compartment.
Hood.
Each front fender or each rear fender when used with a rear section and roof.
Deck lid, tailgate, or hatchback, whichever is present.
Each quarter panel.
Each bumper.
T-tops, moon roof, or whichever is present.
Transmission or transaxle.
(2) TRUCK, TRUCK TYPE, OR BUS TYPE VEHICLE.
a. Major components:
Motor or engine.
Transmission or transaxle.
Frame or any portion thereof, except frame horn, or, in the case of a unitized body, the supporting structure which serves as the frame.
Cab.
Cowl or firewall or any portion thereof.
Roof assembly.
Cargo compartment floor panel or passenger compartment floor pan.
b. Minor components:
Each door.
Hood.
Grill, except on one ton or smaller trucks.
Each bumper.
Each front fender.
Roof panel and rear cab panel.
Each rear fender or side panel.
Pickup box.
Body or bed.
(3) MOTORCYCLE: COMPONENT PARTS.
a. Engine or motor.
b. Transmission or transaxle.
c. Frame.
d. Front fork.
e. Crankcase.
(n) A salvage vehicle that has been restored in this state to its operating condition which existed prior to the event which caused the salvage certificate of title to issue shall be issued a certificate of title which shall contain the word “rebuilt.”
(o)(1) Each salvage vehicle restored or rebuilt in this state which is required to be inspected by the department pursuant to subsection (l) and for which a certificate of title may be issued pursuant to subsection (n) shall be issued a decal, plate, or other emblem as prescribed by the department to reflect that the vehicle is rebuilt. The decal, plate, or other emblem shall be attached to the vehicle in a place and in a manner prescribed by the department.
(2) A person who willfully removes, mutilates, tampers with, obliterates, or destroys a decal, plate, or other emblem issued and attached to a salvage vehicle pursuant to this subsection is guilty of a Class A misdemeanor.
(p) Each person who sells, exchanges, delivers, or otherwise transfers any interest in any vehicle for which a title bearing the designation salvage or rebuilt has been issued shall disclose in writing the existence of this title to the prospective purchaser, recipient in exchange, recipient by donation, or recipient by other act of transfer. The disclosure, which shall be made at the time of or prior to the completion of the sale, exchange, donation, or other act of transfer, shall contain the following information in no smaller than 10 point type: “This vehicle’s title contains the designation salvage or rebuilt.”
(q)(1) Any motor vehicle for which an insurance company has paid a total loss due, in part, to being damaged by water shall be deemed a flood vehicle. The motor vehicle’s certificate of title and every subsequent certificate of title shall contain the designation “flood vehicle.”
(2) Each person who sells, exchanges, donates, delivers, or otherwise transfers any interest for which a certificate of title bearing the designation flood vehicle has been issued shall disclose in writing the existence of this designation to the prospective purchaser, recipient in exchange, recipient by donation, or recipient by other act of transfer. The disclosure shall be made at the time of or prior to the completion of the sale, exchange, donation, delivery, or other act of transfer and shall contain the following information in no smaller than 10 point type: “The certificate of title of this motor vehicle contains the designation flood vehicle.”
(r) If an owner acquires a salvage vehicle for which a previous insurer or owner did not properly obtain a salvage title from this or any other state or the vehicle was rebuilt by a rebuilder who is no longer licensed as a rebuilder, the current owner may proceed as provided in subsection (k) and apply for an inspection of the vehicle. In any case where the department has determined that an insurer or prior owner did not properly obtain a salvage certificate of title, a prior registration or other documentation that shows that the owner owned the vehicle prior to the notification by the department may be submitted in lieu of a rebuilder’s license.
(s)(1)a. A licensed automotive dismantler and parts recycler as defined in Section 40-12-410, secondary metals recycler as defined in Section 13A-8-30, who acquires a motor vehicle for the purpose of dismantling it or recycling it into metallic scrap for melting purposes, or any person who crushes a motor vehicle acquired from anyone other than a licensed automotive dismantler and parts recycler or a secondary metal recycler, except as provided in subdivision (2), shall surrender any certificate of title received to the department for cancellation in a manner as prescribed by the department. A notice of cancellation shall be submitted and a receipt of the notice shall be obtained from the department prior to crushing the vehicle or dismantling the vehicle or recycling it into metallic scrap for remelting purposes. A licensed automotive dismantler and parts recycler or secondary metals recycler shall file the notice electronically and the department, at the time of filing, shall provide the filer with an electronic notice of receipt. The licensed automotive dismantler and parts recycler or secondary metals recycler shall maintain the properly assigned original certificate of title when the notice is filed electronically. The department shall verify through its records that the title is the current title of the motor vehicle and that the vehicle is not reported as stolen prior to issuing the receipt.
b. Each licensed automotive dismantler and parts recycler, secondary metals recycler, and any other person who crushes a motor vehicle shall maintain records of every motor vehicle crushed or acquired for the purpose of dismantling it or recycling it into metallic scrap for remelting purposes. The records shall be maintained by these parties for a period of not less than five years and shall include the vehicle identification number, name and address of the seller, copy of the seller’s state issued driver license or identification card, the date of sale, and a copy of the certificate of title surrendered to the department. In the event that a person crushes a vehicle or vehicles on behalf of the owner but does not acquire the vehicle or vehicles, that person shall maintain a record of the vehicle identification number, and the name and address of the entity for whom the vehicles were crushed, as well as a copy of the person’s state issued driver license or identification card, or state issued tax ID number if the entity is not a natural person. For purposes of this chapter, a crushed motor vehicle as defined in Section 40-12-116 shall not be deemed a motor vehicle or vehicle; provided, however, that any person who is responsible for transforming a motor vehicle into a crushed motor vehicle is responsible for complying with this section.
(2) Notwithstanding any other provision of this title to the contrary, if the owner or authorized agent of the owner of a motor vehicle has not obtained a title in his or her name for the motor vehicle to be transferred, he or she may sign a sworn statement that, in addition to the foregoing conditions, the vehicle is worth one thousand dollars ($1,000) or less and is at least 12 model years old. The statement described in this subsection may be used only to transfer such a motor vehicle to a licensed automotive dismantler and parts recycler as defined in Section 40-12-410 or secondary metals recycler as defined in Section 13A-8-30 and shall be used in lieu of a certificate of title when the motor vehicle is being dismantled or recycled into metallic scrap. The department, in consultation with the above industries, shall adopt a form for the statement which shall include, but not be limited to, all of the following information:
a. A statement that the motor vehicle shall never be titled again and that it must be dismantled or scrapped.
b. A description of the motor vehicle including the year, make, model, and vehicle identification number.
c. The license plate number and state of issue of any vehicle transporting the motor vehicle being sold.
d. The name, address, and driver license number of the seller.
e. A certification by the seller that the seller is lawfully in possession of the vehicle and the seller is the current owner of the vehicle and the seller never obtained a title to the motor vehicle in his or her name.
f. A certification that the motor vehicle meets all of the following requirements:
Is worth one thousand dollars ($1,000) or less.
Is at least 12 model years old.
Is not subject to any recorded security interest or lien.
g. An acknowledgment, made under penalties of perjury, that the seller realizes this information will be filed with the department and that it is a Class C felony to knowingly falsify any information on this statement.
h. The seller’s signature and the date of the transaction.
i. The name and address of the business acquiring the vehicle.
j. The unique registration number provided by the Administrator of the National Motor Vehicle Title Information System known as the NMVTIS ID Number.
k. A certification by the business, made under penalties of perjury, that one thousand dollars ($1,000) or less was paid to acquire the vehicle.
l. The business agent’s signature and date along with a printed name and title if the agent is signing on behalf of a corporation.
m. The unique tracking number provided by a Department of Revenue system that indicates that the automotive dismantler and parts recycler or secondary metals recycler has utilized that system to verify that the vehicle is not currently reported as stolen and that there is no recorded lien or notice of a lien on file or that the department has no record of the vehicle. A licensed automotive dismantler and parts recycler or secondary metals recycler shall file the notice electronically, and the department shall provide the filer with an electronic notice of receipt. This statement shall be invalid without this tracking number and without the purchaser’s NMVTIS ID Number.
n. An acknowledgment by the automotive dismantler and parts recycler or secondary metals recycler that the motor vehicle will not be crushed or shredded for a period of 48 hours not including Saturday and Sunday after the initial filing with the department of the notice required in this subsection and receipt of the notice.
(3) The automotive dismantler and parts recycler or secondary metals recycler shall electronically deliver the statement required under this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the certificate of title and registration. A transmission of the identical information, in the identical format as prescribed by the department, shall be sent by the automotive dismantler and parts recycler or secondary metals recycler to the sheriff of the county, or the chief of police if located in a municipality, if requested by the sheriff or chief of police. The transmittal shall be completed and a receipt of the notice, generated at the time of the transmittal, shall be obtained from the department before dismantling the vehicle or recycling it into metallic scrap for remelting purposes. In addition, the automotive dismantler and parts recycler or secondary metals recycler shall maintain the original signed documents required by this subsection for a period of not less than five years. An automotive dismantler and parts recycler or secondary metals recycler who has complied with the requirements of this section shall be immune from, and held harmless from, any claims related to liens which were not recorded or a notice of lien was not recorded, or stolen vehicles not reported, at the time that the vehicle was purchased and the inquiry made and documented with the unique tracking number issued by the department.
(4) Any person who knowingly and willfully violates this subsection, or any person who falsifies the statement required under this subsection, or any person who knowingly and willfully sells a vehicle upon which there is an unsatisfied lien, shall be guilty of a Class C felony. In addition to any punishment rendered, each person convicted shall be subject to the laws regarding restitution.
(5) Any motor vehicle used to transport another motor vehicle or crushed motor vehicle illegally sold under this section may be seized by law enforcement and is subject to forfeiture ordered by the court; provided, however, that no motor vehicle used by any person in the transaction of a sale of such motor vehicle shall be subject to forfeiture unless the owner or other person in charge of the motor vehicle is a consenting or knowing party to the commission of a crime, and a forfeiture of the motor vehicle is subject to the rights of any lienholder who holds a perfected security interest in the motor vehicle so long as the lienholder had no knowledge of or consented to the act. Whenever property is forfeited under this subsection by order of the court, it shall be sold and the proceeds distributed, pro rata after payment of all property expenses relating to the forfeiture and sale, including any court ordered restitution to the owner of the vehicle, satisfaction of any liens associated with the vehicle sold in violation of this section, and any losses incurred by the automotive dismantler and parts recycler or secondary metals recycler to the general fund of the state or any county or municipality whose department, office, or agency contributed to the investigation of the acts resulting in forfeiture, based upon the contribution, including expenses, of the department, office, or agency, as determined by the court.
(t) The department shall provide a system for a real-time online verification of motor vehicle titles, liens, and stolen vehicle status which can be accessed by an automotive dismantler and parts recycler or a secondary metals recycler. The system shall be capable of transmitting the information from the statement required pursuant to subsection (s) either online or by bulk electronic transmission and shall provide a unique tracking number on a receipt at the time of the submission that indicates that the automotive dismantler and parts recycler or a secondary metals recycler has used the system and that at the time of the inquiry, the vehicle was not reported as stolen and that there were no recorded liens or notices of liens on file associated with the vehicle, or that the department has no record of the vehicle. The charge assessed for the transmittal of the statement required by subsection (s) to the automotive dismantler and parts recycler or secondary metals recycler shall be five dollars ($5) per submittal. In lieu of a per submittal charge, an automotive dismantler and parts recycler or a secondary metals recycler may pay an annual fee of five hundred dollars ($500) for all submittals and inquiries made during that fiscal year. The fee shall be paid on a fiscal year basis, beginning October 1 of each fiscal year. Every automotive dismantler and parts recycler, secondary metals recycler, or person or company licensed pursuant to Section 40-12-116, shall pay the annual fee for each location or license. Any fees collected under this section shall be retained by the department for use solely by the Motor Vehicle Division of the department for training and technological and processing improvements.
(Acts 1973, No. 765, p. 1147, §41; Acts 1985, No. 85-650, p. 1010, §2; Acts 1987, No. 87-806, p. 1581, §1; Acts 1988, 1st Sp. Sess., No. 88-730, p. 127, §3; Acts 1989, No. 89-863, p. 1724, §1; Acts 1995, No. 95-406, p. 848, §1; Act 2006-213, p. 312, §1; Act 2010-748, p. 1892, §1; Act 2011-633, p. 1507, §1; Act 2025-120, §1.)
(a) For the purposes of this section, the following definitions shall apply:
(1) A theft facility means any area, building, storage lot, field, or any other premises or place where one or more persons are engaged in altering, dismantling, reassembling or in any way concealing or disguising the identity of a stolen motor vehicle; or any area, building storage lot, field, or any other premises or place where there are three or more stolen motor vehicles present or where there are component parts from three or more stolen vehicles present.
(2) For the purpose of this section, “major component part” means one of the following sub-assemblies of a motor vehicle regardless of its actual market value; front end assembly, including fenders, grill, hood, bumper and related parts; engine; transmission; T-Tops; rear clip assembly, including quarter panels and floor panel assembly, doors, tires, tire wheels, frame, and continuous treads and other devices.
(3) “Motor vehicle” includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including but not limited to farm machinery, bulldozers, and steam shovels.
(b) Any person who shall knowingly own, operate or conduct a theft facility or who knowingly aids and abets another person in owning, operating or conducting a theft facility shall be guilty of a Class C felony and shall be punishable as required by law. In addition to any punishment rendered, each such person convicted shall be subject to the laws regarding restitution of the state.
(c) Upon proper process and hearing as required by the State of Alabama in forfeiture proceedings, including notifying any lien holders, the following property may be seized and held for forfeiture, as described above, when any person is charged with a violation of this section, such forfeiture and sale to take place after conviction:
(1) Any engine, tool, machine, implement, device, chemical, or substance used or designed for altering, dismantling, reassembling or in any other way concealing or disguising the identity of a stolen motor vehicle or any major component part.
(2) Any stolen motor vehicle or major component part found at the site of a theft facility or any motor vehicle or major component part for which there is a probable cause to believe that it is stolen.
(3) A wrecker, car hauler, or any other motor vehicle that is used or has been used to convey or transport a stolen motor vehicle or major component part.
(d) All such proceeds of forfeiture and sale shall be divided equally between the district attorney’s fund who proceeded with the forfeiture and sale and the Alabama Department of Public Safety, auto theft division, or its successor.
(e) The records pertaining to a salvage vehicle, junk vehicle, new vehicle, rebuilt vehicle, or the parts of a vehicle, shall be available for inspection by an agent or employee of the Department of Public Safety during normal business hours.
(f) Failure to allow inspection or interference with an agent or employee of the Department of Public Safety inspecting the records of a rebuilder, salvage yard, motor vehicle dealer, reconditioner or salvage sales shall, upon conviction, be guilty of a Class A misdemeanor and shall be punishable as provided by law.
(Acts 1985, No. 85-650, p. 1010, §3.)
Trailers, when used in a truck tractor-semitrailer-trailer combination may be operated on the national system of interstate and defense highways and other highways upon designation by the Director of Transportation and final approval by the Governor. The Director of Transportation shall, at a minimum, designate those highways necessary to cause the State of Alabama to be in compliance with the Federal Surface Transportation Assistance Act of 1982.
Except as provided above, no person shall operate any trailer, as defined in this title, on any highway unless such trailer is operated for the purpose of constructing highways or other facilities of the state or a political subdivision thereof. The Department of Transportation is authorized to regulate the movement of such trailers from one job to another by special permits issued in the same manner as permits are issued under Section 32-9-29. No trailer or semitrailer of any kind shall be used for the hauling of passengers for hire except as provided by Article 2 of this chapter.
The provisions of this article relating to trailers shall not apply to the movement over the highways of trailers manufactured, reconditioned, or repaired in this state when reasonably necessary for the delivery of such trailers to the owners or purchasers thereof outside the state; provided, that such movement shall be subject to special permit to be issued by the Director of the Department of Transportation. Such permits may be issued and may be renewed upon such terms and conditions, in the interest of public safety and the preservation of the highways, as the Director of the Department of Transportation may in his or her discretion require, and he or she may designate the route over which such trailers may be moved and the hours of movement thereof.
(Acts 1927, No. 347, p. 348; Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §80; Acts 1947, No. 690, p. 526; Acts 1965, 2nd Ex. Sess., No. 138, p. 190; Acts 1985, 2nd Ex. Sess., No. 85-912, p. 188, §1.)
The provisions of any other law or the provisions of any administrative rule, regulation, or order to the contrary notwithstanding, it shall be lawful to tow cotton wagons and module-movers on the highways of the state when the wagons or module-movers are being used to haul cotton from the field to the gin and to return them to the farm from the gin, but it shall not be lawful to tow the cotton wagons on any interstate or limited-access highway in the state; provided, that no more than two wagons shall be attached to one truck, the width of each wagon or module-mover shall not exceed 10 feet, and the overall length of the wagons or module-mover and truck shall not exceed 85 feet.
(Acts 1971, No. 2236, p. 3593; Acts 1987, No. 87-562, p. 875, §1; Act 2000-457, p. 856, §1.)
Any peace officer, including sheriffs and their deputies, constables and their deputies, police officers and marshals of cities or incorporated towns, county police or patrols, state or county license inspectors and their deputies, state troopers and special officers appointed by any agency of the State of Alabama for the enforcement of its laws relating to motor vehicles, now existing or hereafter enacted, shall be authorized, and it is hereby made the duty of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, without warrant, if the offense is committed in his or her presence, and with warrant if he or she does not observe the commission of the offense. If the arrest is made without warrant, the accused may elect to be immediately taken before the nearest court having jurisdiction, whereupon it shall be the duty of the officer to so take him or her. If the accused elects not to be so taken, then it shall be the duty of the officer to require of the accused a bail bond in a sum not to exceed $300.00, conditioned that the accused binds himself or herself to appear in the nearest court having jurisdiction at the time fixed in the bond. In case the arrested person fails to appear on the day fixed, the bond shall be forfeited in the manner as is provided for the forfeiture of bonds in other cases. No officer shall be permitted to take a cash bond. The officer making the arrest and taking the bond shall report the same to the court having jurisdiction within 18 hours after taking such bond.
(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §86.)
All courts having jurisdiction of misdemeanors punishable by a fine of $500.00 or less and by imprisonment or hard labor, as above provided, shall have concurrent jurisdiction of the trial of all offenses under this chapter committed within their respective territorial jurisdictions.
(Acts 1932, Ex. Sess., No. 58, p. 68; Acts 1939, No. 484, p. 687; Code 1940, T. 36, §84.)
The operation of any truck, semitrailer truck, or trailer in violation of any section of this chapter or of the terms of any permit issued under this chapter, shall constitute a misdemeanor, and the owner thereof, if such violation was with his or her knowledge or consent, and the operator thereof shall, on conviction, be fined not less than $100.00 nor more than $500.00 and may also be imprisoned or sentenced to hard labor for the county for not less than 30 days nor more than 60 days.
(Acts 1932, Ex. Sess., No. 58, p. 68; Acts 1939, No. 484, p. 687; Code 1940, T. 36, §83.)
All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this chapter constituting a misdemeanor, shall be, within 30 days after such fine or forfeiture is collected, forwarded to the State Treasurer. All amounts received from such fines or forfeitures shall be credited to the State General Fund. Failure, refusal, or neglect to comply with the provisions of this section shall constitute misconduct in office and shall be ground for removal therefrom. All fines and forfeitures collected by district courts or municipal courts for violation of ordinances, whether for acts constituting violations of the provisions of this chapter or not, shall be paid into the treasury of such municipality in which the same were collected.
(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §88; Acts 1943, No. 459, p. 421; Acts 1949, No. 518, p. 773, §4; Acts 1951, No. 363, p. 658.)
(a) It shall be unlawful for any individual to drive or move on any highway in this state any vehicle of a size or weight except in accordance with the following:
(1) HEIGHT. No vehicle, semitrailer, or trailer shall exceed in height 13 1/2 feet, including load.
(2) LENGTH. No vehicle shall exceed in length 40 feet; except, that the length of a truck-semitrailer combination, semitrailers, including load, used in a truck tractor-semitrailer combination, shall not exceed 57 feet; semitrailers and trailers, including load, used in a truck tractor-semitrailer-trailer combination, shall not exceed 28 1/2 feet each; and motor vehicles designed, used, or maintained primarily as a mobile dwelling, office, or commercial space, commonly called motor homes, shall not exceed 45 feet. Semitrailers exceeding 53 1/2 feet shall only be operated on highways designated pursuant to Section 32-9-1 and shall only be operated when the distance between the kingpin of a semitrailer and the rearmost axle or a point midway between the two rear axles, if the two rear axles are tandem axles, does not exceed 41 feet and if the semitrailer is equipped with a rear underride guard of a substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 22 inches from the surface as measured with the semitrailer empty and on a level surface. For purposes of enforcement of this subdivision, lengths of semitrailers and trailers refer to the cargo carrying portion of the unit. Truck tractor units used exclusively in combinations transporting motor vehicles may directly carry a portion of the cargo, provided that the combinations are restricted to truck tractor-semitrailer combinations only and provided further that the overall length of these particular combinations shall not exceed 65 feet; except that the overall length of stinger-steered type units shall not exceed 80 feet. No truck tractor-semitrailer combination used exclusively for transporting motor vehicles shall carry any load extending more than four feet beyond the front or six feet beyond the rear of the combination. No other vehicle operated on a highway shall carry any load extending more than a total of five feet beyond both the front and rear, inclusive, of the vehicle.
(3) WEIGHT.
a.1. Axle Weight. The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed 20,000 pounds, or other weight, if any, as may be permitted by federal law to keep the state from losing federal funds; provided, that inadequate bridges shall be posted to define load limits.
For the purpose of this subdivision, an “axle load” shall be defined as the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.
Vehicles and combinations of vehicles shall not operate on the Interstate Highway System of Alabama that have a weight greater than 20,000 pounds carried on any one axle, including the allowable load tolerance, or with a tandem axle weight in excess of 34,000 pounds, including the allowable load tolerance, or overall gross weight on a group of two or more consecutive axles produced by application of the following formula:
W=500 (LN/(N-1) + 12N + 36)
where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in the group under consideration; except, that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, provided the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more and the overall gross weight may not exceed 80,000 pounds, including the allowable load tolerance.
b. Gross Weight. Subject to the limit upon the weight imposed upon the highway through any one axle as set forth herein, the total weight with load imposed upon the highway by all the axles of a vehicle or combination of vehicles shall not exceed the gross weight given for the respective distances between the first and last axle of the vehicle or combination of vehicles, measured longitudinally to the nearest foot as set forth in the following table:
| COMPUTED GROSS WEIGHT TABLE | | | --- | --- | | For various spacings of axle groupings | |
| Distance in feet between first and last axles of vehicle or combination of vehicles | | Maximum load in pounds on all the axles | | | --- | --- | --- | --- |
| | 2 axles | 3 axles | 4 axles | 5 axles | 6 axles | | --- | --- | --- | --- | --- | --- | | 8 or less | 36,000 | 42,000 | 42,000 | | | | 9 | 38,000 | 42,500 | 42,500 | | | | 10 | 40,000 | 43,500 | 43,500 | | | | 11 | | 44,000 | 44,000 | | | | 12 | | 45,000 | 50,000 | 50,000 | | | 13 | | 45,500 | 50,500 | 50,500 | | | 14 | | 46,500 | 51,500 | 51,500 | | | 15 | | 47,000 | 52,000 | 52,000 | | | 16 | | 48,000 | 52,500 | 58,000 | 58,000 | | 17 | | 48,500 | 53,500 | 58,500 | 58,500 | | 18 | | 49,500 | 54,000 | 59,000 | 59,000 | | 19 | | 50,000 | 54,500 | 60,000 | 60,000 | | 20 | | 51,000 | 55,500 | 60,500 | 66,000 | | 21 | | 51,500 | 56,000 | 61,000 | 66,500 | | 22 | | 52,500 | 56,500 | 61,500 | 67,000 | | 23 | | 53,000 | 57,500 | 62,500 | 68,000 | | 24 | | 54,000 | 58,000 | 63,000 | 68,500 | | 25 | | 54,500 | 58,500 | 63,500 | 69,000 | | 26 | | 56,000 | 59,500 | 64,000 | 69,500 | | 27 | | 57,000 | 60,000 | 65,000 | 70,000 | | 28 | | 59,000 | 60,500 | 65,500 | 71,000 | | 29 | | 60,000 | 61,500 | 66,000 | 71,500 | | 30 | | | 62,000 | 66,500 | 72,000 | | 31 | | | 63,500 | 67,000 | 72,500 | | 32 | | | 64,500 | 68,000 | 73,500 | | 33 | | | 65,000 | 69,000 | 74,000 | | 34 | | | 65,500 | 70,000 | 74,500 | | 35 | | | 66,500 | 71,000 | 75,000 | | 36 | | | 67,000 | 72,000 | 76,000 | | 37 | | | 68,000 | 73,000 | 77,000 | | 38 | | | 69,000 | 74,000 | 78,000 | | 39 | | | 70,000 | 75,000 | 79,000 | | 40 | | | 71,000 | 76,000 | 80,000 | | 41 | | | 72,000 | 77,000 | 81,000 | | 42 | | | 73,000 | 78,000 | 82,000 | | 43 | | | 74,000 | 79,000 | 83,000 | | 44 and over | | | 75,000 | 80,000 | 84,000 |
c. Special Permits. Except as provided by special permits, no vehicle or combination of vehicles exceeding the gross weights specified in paragraph a. or b. shall be permitted to travel on the public highways within the State of Alabama.
d.1. Allowable Load Tolerance. For purposes of enforcing this subdivision, all weights less than or equal to the sum of the weight otherwise prescribed by this subdivision, plus the allowable load tolerance, shall be deemed to be in compliance with the requirements of this section and shall not constitute violations thereof. No evidence shall be admitted into evidence or considered by the trier of fact in any civil action unless the evidence proffered would tend to prove that the weight of the vehicle exceeded the amount provided in this subsection. Nothing in this paragraph shall restrict or affect the right of any defendant to place in evidence such evidence tending to prove the defendant was in compliance with this section.
e. Special Trucks.
Dump trucks, dump trailers, concrete mixing trucks, fuel oil, gasoline trucks, and trucks designated and constructed for special type work or use shall not be made to conform to the axle spacing requirements of paragraph b., provided that the vehicle shall be limited to a weight of 20,000 pounds per axle plus the allowable load tolerance; and, provided further, that the maximum gross weight of the vehicle shall not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus the allowable load tolerance. All axles shall be brake equipped.
Trucks delivering asphalt plant mix that do not exceed the maximum allowable gross weight and operate within 50 miles of their home base shall not be required to conform to the requirements of paragraph a.
Concrete mixing trucks that operate within 50 miles of their home base and do not exceed the maximum allowable gross weight shall not be required to conform to the requirements of paragraph a.
It is a violation if a vehicle named under this paragraph travels upon bridges designated and posted by the Director of Transportation as incapable of carrying the load.
f. Driver Compliance. If the driver of any vehicle can comply with the weight requirements of this section by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority, the driver shall not be held to be operating in violation of this section.
g. Portable Scales.
Portable scales may be used to enforce this section. To determine the weight of each axle, the axles of any vehicle described or commonly referred to as tandem or triaxle rigs or units, that is, vehicles having two or more axles in addition to a steering axle, shall be weighed simultaneously, and the total weight so derived shall be divided by the number of axles weighed in the group to arrive at the per axle weight, except that if any one axle in the group exceeds 20,000 pounds in weight, it shall not exceed the weight of any other axle in the group by more than 50 percent.
When portable scales are used to enforce this section and either the axle weight or the gross weight of a vehicle is determined to be in violation of this section, if the operator of the vehicle believes that the determination of a violation is based on inaccuracies of the portable scales, the operator may do either of the following:
(i) Request that an enforcement officer accompany the operator and vehicle to the nearest platform scales certified by the Department of Agriculture and Industries and operated by a bonded operator within a distance of 10 highway miles to verify the accuracy of the portable scales used in determining the axle weight or gross weight of the vehicle. If the axle weights or gross weight of the vehicle is shown by the platform scales to be within the legal limits of this section, including the allowable load tolerance, the operator of the vehicle shall not be held to be in violation of this section.
(ii) Proceed with the vehicle to the nearest platform scales certified by the Department of Agriculture and Industries and operated by a bonded operator within a distance of 100 highway miles to verify the accuracy of the portable scales used in determining the axle weight or gross weight of the vehicle without being accompanied by an enforcement officer. If the axle weights or gross weight of the vehicle is shown by the platform scales to be within the legal limits of this section, including the allowable load tolerance, the operator of the vehicle shall not be held to be in violation of this section upon providing a copy of the platform scale weight ticket and an affidavit, to be established and provided online by the court having jurisdiction over this matter within 48 hours of being weighed by the portable scales. Upon complying with this section, no court costs, fees, or penalties shall apply.
h. County Highways. The governing body of a county, by appropriate resolution, may authorize limitations less than those prescribed in this section for vehicles operated upon the county highways of the county.
i. Posted Roads and Bridges. The Department of Transportation may post or limit any road or bridge to weights less than those prescribed by this section. It is the legislative intent and purpose that this section be rigidly enforced by the Department of Transportation, the Alabama State Law Enforcement Agency, any other authorized law enforcement officer of this state, and any county, city, and incorporated town.
j. Agricultural Commodities. Two and three axle vehicles being used exclusively for the purpose of transporting agricultural commodities or products to and from a farm and for agricultural purposes relating to the operation and maintenance of a farm by any farmer, custom harvester, or husbandman may not be made to conform to the axle requirements of paragraph a. or the gross weight requirements of paragraph b.
(4) WIDTH. Vehicles and combinations of vehicles operating on highways shall not exceed a total outside width, including any load thereon, of 102 inches, exclusive of mirrors or other safety devices approved by the Department of Transportation. No passenger vehicle shall carry any load extending beyond the line of the fenders. No vehicle hauling forest products or culvert pipe on any highway shall have a load exceeding 102 inches in width.
(b)(1) Any vehicle utilizing an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling shall be allowed an additional 400 pounds total to the gross, axle, tandem, or bridge formula weight limits defined in this section.
(2) To be eligible for the exception provided in this subsection, the operator of the vehicle must provide written proof or certification of the weight of the auxiliary power unit (APU) and demonstrate or certify the idle reduction technology is fully functional at all times.
(3) Written proof or certification of the weight of the APU must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The weight allowed may not exceed 400 pounds or the actual weight proven or certified, whichever is less.
(4) It is the intent of this subsection to apply at the state highway level the weight limit increase for vehicles using a functioning auxiliary power or idle reduction technology as provided in the Federal Energy Policy Act of 2005.
(c)(1) Any motor vehicle, if operated by an engine fueled primarily by natural gas, may exceed any vehicle weight limit, up to a maximum gross vehicle weight of 82,000 pounds, under this section by an amount that is equal to the difference between:
a. The weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and
b. The weight of a comparable diesel tank and fueling system.
(2) This subsection applies on federal interstate highways to the weight limit increases for vehicles using an EPA certified natural gas engine or an EPA approved conversion unit installed on the vehicle that allows the vehicle to operate primarily on compressed natural gas or liquefied natural gas.
(d) Nothing in this section shall be construed as effectuating either of the following:
(1) Permitting size or weight limits on the National System of Interstate and Defense Highways in this state in excess of those permitted under 23 U.S.C. § 127. If the federal government prescribes or adopts vehicle size or weight limits greater than or less than those now prescribed by 23 U.S.C. § 127 for the National System of Interstate and Defense Highways, the increased or decreased limits shall become effective on the National System of Interstate and Defense Highways in this state.
(2) Denying the operation of any vehicle or combination of vehicles that could be lawfully operated upon the highways and roads of this state on January 4, 1975.
(Acts 1927, No. 347, p. 348; Acts 1932, Ex. Sess., No. 58, p. 68; Acts 1939, No. 484, p. 687; Code 1940, T. 36, §89; Acts 1943, No. 179, p. 159; Acts 1947, No. 210, p. 72; Acts 1955, No. 245, p. 560, §1; Acts 1959, No. 413, p. 1052, §1; Acts 1961, No. 686, p. 980; Acts 1963, No. 295, p. 762, §1; Acts 1965, No. 879, p. 1645; Acts 1966, Ex. Sess., No. 334, p. 476; Acts 1975, No. 922, p. 1829, §1; Acts 1979, No. 79-792, p. 1445, §1; Acts 1979, No. 79-795, p. 1453; Acts 1985, 2nd Ex. Sess., No. 85-912, p. 188, §2; Acts 1989, No. 89-631, p. 1236, §1; Acts 1993, No. 93-308, p. 459, §1; Acts 1994, No. 94-305, p. 539, §1; Acts 1995, No. 95-758, p. 1774, §1; Act 2000-764, p. 1746, §1; Act 2010-543, §1; Act 2015-325, p. 991, §1; Act 2016-190, p. 440, §1; Act 2017-442, p. 1473, §1(b)(3); Act 2018-176, §1; Act 2022-181, §1; Act 2024-248, §1; Act 2025-272, §1.)
Notwithstanding the provisions of Section 32-9-20, an appurtenance attached to a motor home, travel trailer, self-propelled camper or house car, truck camper, or recreational vehicle commonly known as an R.V. may exceed the maximum prescribed width provided in Section 32-9-20 if the appurtenance does not extend six inches beyond the sidewall of the vehicle. For the purpose of this section, an appurtenance is a part which is an integral part of the vehicle including, but not limited to, awnings, grab handles, lighting equipment, cameras, and vents. An appurtenance may not be used as a load-carrying device.
(Act 2005-323, 1st Sp. Sess., p. 787, §1.)
(a) The term motor bus, wherever used in this section, means any motor-propelled vehicle used on the highways of this state for the transportation of passengers for hire.
(b) Except as provided in subsection (d), it shall be lawful to drive or operate upon any highway in this state any motor bus which does not exceed 45 feet in length, and eight and one-half feet in width, exclusive of detachable wind deflection devices which have been approved by the State Department of Transportation and safety equipment.
(c) The term articulated motor bus, wherever used in this section, means any motor bus, divided into joined sections, that actuates in a manner ensuring a turning radius which is less than a motor bus of the same length without such joined actuation.
(d) It shall be lawful to drive or operate on any highway in this state an articulated motor bus which does not exceed 60 feet in length, and eight and one-half feet in width, exclusive of detachable wind deflection devices which have been approved by the State Department of Transportation and safety equipment.
(e) Nothing contained in this section shall be construed to change in any way any law affecting the regulation of any motor bus except with respect to the maximum permissible length and width thereof.
(Acts 1951, No. 801, p. 1400; Acts 1979, No. 79-792, p. 1445, §1; Acts 1981, No. 81-402, p. 631; Act 2010-694, p. 1683, §1.)
(a) There shall be exempt from the provisions of this article trucks, semitrailer trucks, or trailers owned by the United States, or any agency thereof, the State of Alabama, or any county or city, or incorporated town; nor shall the provisions of this article apply to implements of husbandry temporarily propelled or moved upon the highways; nor shall the provisions of this article apply to trucks, semitrailer trucks, or trailers used exclusively for carrying 50 bales or less of cotton.
(b) If any truck, semitrailer truck, or trailer shall be licensed by any city or incorporated town and the registration plate or plates issued as evidence of the license shall be conspicuously exhibited on the truck, semitrailer truck, or trailer, in the manner required by law, the provisions of this article shall not apply to the operation of such vehicles within the limits of the municipality or within the police jurisdiction thereof; provided, that municipalities may provide by ordinance maximum limits with respect to the weight, height, width, and length of trucks, semitrailer trucks, and trailers within their police jurisdiction; provided, that the maximum limits prescribed shall not be less than those fixed in Section 32-9-20 and may impose license taxes on such vehicles and require all such vehicles to have affixed thereto, in some conspicuous place, a registration plate or plates.
(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §90; Acts 1947, No. 100, p. 26; Acts 1949, No. 255, p. 377, §1; Acts 1963, No. 295, p. 762, §2.)
There shall be exempt from the provisions of this article as to weight any truck or semitrailer truck transporting milk for human consumption, for which refrigeration and transit is reasonably necessary in the interest of public health, when moving under refrigeration to or from market from the territory in which such commodity is collected or concentrated.
(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §92; Acts 1951, No. 876, p. 1514.)
Farm tractors shall be exempt from the restrictions of this article as to width, but, however, shall not exceed nine feet in width.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §93.)
There shall be exempt from this article as to length, detachable wind deflection devices which have been approved by the State Department of Transportation, loads of poles, logs, lumber, laminated wood building materials, structural steel, piping, and timber, and vehicles transporting same. Trucks, trailers, and semitrailers which are constructed and used exclusively for the hauling of livestock, shall also be exempt from the restrictions of this article as to length, but shall not exceed 65 feet in length.
(Acts 1939, No. 484, p. 687; Code 1940, T. 36, §94; Acts 1949, No. 607, p. 939; Acts 1979, No. 79-430, p. 677; Acts 1979, No. 79-792, p. 1445, §1; Acts 1993, No. 93-630, p. 1076, §1.)
Any provision of any other law or the provision of any administrative rule, regulation, or order to the contrary notwithstanding, it shall be lawful for any farmer, custom picker, or husbandman to operate a two to eight-wheel, one to four-axle trailer on the highways of this state if the trailer is being used exclusively for the purpose of transporting to and from a farm agricultural commodities or products and for agricultural purposes relating to the operation and maintenance of a farm; provided, that the combined weight of the trailer and its load is not in excess of 36,000 pounds, nor more than 10,000 pounds per axle, whichever is less.
(Acts 1953, No. 688, p. 940, §1; Acts 1964, 1st Ex. Sess., No. 140, p. 204; Acts 1987, No. 87-585, p. 955, §1.)
All such trailers as described in Section 32-9-26 shall be equipped with red reflectors to adequately illuminate the rear of such trailer by placing at least two on the rear and one at each side. No such trailer shall be in excess of 10 feet in width, except that such trailer shall not exceed 102 inches in width when operated or moved on the Interstate Highway System, and no such trailer, drawbar, or other connection, including the vehicle towing such trailer, shall be in excess of overall length of 76 feet. Overhang of round bales of hay on such trailer shall not exceed one foot per side except that the width of the trailer including overhang shall not exceed 102 inches when operated or moved on the Interstate Highway System. At no time shall there be more than one loaded trailer towed by any vehicle; provided, that two empty farm wagons or trailers with two or more wheels may be towed in tandem when the overall length of the towing vehicle and its tow does not exceed 76 feet altogether.
(Acts 1953, No. 688, p. 940, §2; Acts 1965, No. 866, p. 1641; Acts 1987, No. 87-585, p. 955, §2.)
Any person violating the provisions of Sections 32-9-26 and 32-9-27 shall be guilty of a misdemeanor and punished as provided by law.
(Acts 1953, No. 688, p. 940, §3.)
(a) Authorized; application; issuance; seasonal, etc., limitations; refusal, revocation, or cancellation.
(1) The Director of the Department of Transportation or the official of the department designated by the director, upon application and for good cause being shown therefor, may issue a permit in writing authorizing the applicant to operate or move upon the state’s public roads a vehicle or combination of no more than two vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law; provided, that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; provided, however, that bulldozers and similar construction equipment shall not be deemed readily separable for purposes of this chapter; and further provided, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenances thereto.
(2) Permits may be issued on application to the department to persons, firms, or corporations. The director shall adopt reasonable rules which are necessary or desirable governing the issuance of the permits; provided, that the rules shall not conflict with this title and other provisions of law.
(3) The original copy of every permit shall be carried in the vehicle itself and shall be open to inspection by any law enforcement officer or authorized agent of the department.
(4) The application for any permit shall specifically describe the type of permit applied for, as described in subsection (b), and the application for a single trip permit, in addition, shall describe the points of departure and destination.
(5) The director or the official of the department designated by the director may withhold such permit or, if such permit is issued, may establish seasonal or other time limitations within which the vehicles described may be operated on the public road indicated, or may otherwise limit or prescribe conditions of operation of such vehicle, when necessary to assure against undue damage to the road foundation, surfaces, or bridge structures, and require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure.
(6) For just cause, including, but not limited to, repeated and consistent past violations, the director or an official of the department designated by the director may refuse to issue, or may cancel, suspend, or revoke, the permit of an applicant or permittee.
(b) Duration and limits of permits; bond or insurance requirements.
(1)a. ANNUAL. The director or the official of the department designated by the director, pursuant to this section, may issue an annual permit which shall permit the vehicle or combination vehicle and load to be operated on the state highway system of this state for 12 months from the date the permit is issued, even though the vehicle or its load exceeds the maximum limits specified in this article; provided, that an annual permit shall not authorize the operation of a vehicle including all enforcement tolerances:
Whose total gross weight exceeds 150,000 pounds; provided, that gross weights over 100,000 pounds shall require advance routing by the department;
Whose single axle weight exceeds 22,000 pounds;
Whose total length exceeds 75 feet; with the exception of mobile homes, whose length limitations, including towing vehicle, shall be 85 feet;
Whose total width exceeds 120 inches or whose load width exceeds 144 inches; with the exception of mobile homes, whose width limitation shall be 168 inches; provided, that mobile homes whose width exceeds 144 inches shall require advance route approval by the department; or
Whose height exceeds 14 feet.
A permit to operate a vehicle which exceeds the statutory limits of height, weight, width, or length shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for three hundred thousand dollars ($300,000.00) the bond or insurance protection conditioned for payment to the department to be held in trust for the benefit of the owners of bridges and appurtenances thereof, traffic signals, signs, or other highway structures damaged by a vehicle operating under authority of the overheight permit. The liability under the bond or insurance certificate shall be contingent upon proof of negligence or fault on the part of the permittee, his or her agents, or operators.
b. Notwithstanding paragraph a., the director, pursuant to this section, may issue an annual permit to operate a vehicle which exceeds the maximum limits otherwise provided in this article for rubber-tired equipment used solely in the scope and operation of mining refractory grade bauxite. The equipment may not exceed the limits of paragraph a., except that the permit may not authorize the operation of a vehicle, including enforcement tolerances, which exceeds 16 feet in width, exceeds 18 feet in height, or exceeds a single axle weight of 27,000 pounds. In addition, the permit may not authorize the operation of the vehicle on any bridge, over or under any overpass, or on an interstate highway. The fee for the annual permit shall be one hundred dollars ($100).
(2) SINGLE TRIP. The director may issue a single trip permit, pursuant to this section, to any vehicle.
(c) Fees. The director may adopt rules concerning the issuance of permits and charge a fee for the issuance as follows:
(1) ANNUAL. Charges for the issuance of annual permits shall be as follows:
a. For modular homes, sectional houses, portable buildings, boats, and any vehicle or combination of vehicles, one hundred dollars ($100.00); except, that a vehicle or combination of vehicles having trailer or combination of trailers with sidewalls or roof which has transported modular homes, sectional houses, and portable buildings, after depositing any load, may return unloaded to its point of origin, even though the unloaded vehicles exceed the 55-foot limitation provided for in this article, up to and including 12 feet wide and 75 feet long.
b. For heavy commodities or equipment, overweight, overlength, overheight, and overwidth, one hundred dollars ($100.00). A tractor and trailer (low boy type), after depositing a load referred to in this subparagraph, may return to its point of origin, even though the unloaded tractor and trailer (low boy type) may exceed the 55-foot limitation provided for in this article up to and including 12 feet wide and 75 feet long.
c. For mobile homes up to and including 14 feet wide and 85 feet long, including towing vehicle, one hundred dollars ($100.00).
(2) SINGLE TRIP. Charges for the issuance of single trip permits shall be as follows:
a. Mobile homes, modular homes, sectional houses, portable buildings, and boats:
Up to and including 12 feet wide and 75 feet long, ten dollars ($10.00).
Boats in excess of 12 feet wide, twenty dollars ($20.00).
Mobile homes, modular homes, sectional houses, and portable buildings in excess of 12 feet wide and/or 75 feet long, twenty dollars ($20.00).
b. Heavy commodities or equipment:
Over on any limitations as to length, height, or width, ten dollars ($10.00).
Over on weight, as follows:
| WEIGHT PERMITTED | PERMIT FEE | | --- | --- | | From 80,001 pounds up to 100,000 pounds | $ 10.00 | | From 100,001 pounds up to 125,000 pounds | 30.00 | | From 125,001 pounds up to 150,000 pounds | 60.00 | | From 150,001 pounds and over | 100.00 |
c. Miscellaneous:
Houses, twenty dollars ($20.00).
Off-the-road equipment, ten dollars ($10.00).
Other oversized vehicles, loads, and equipment not herein specified, twenty dollars ($20.00).
Other overheight loads not herein specified, ten dollars ($10.00).
(d) Certain vehicles on interstate highways. Under this section, 14 feet-wide vehicles and combination vehicles and load may be issued a permit to travel the interstate highways.
(e) The Director of the Department of Transportation, by rule, may establish limits for combinations of commercial wreckers and towed disabled or abandoned vehicles that exceed the maximum height, weight, or length limitations established by law. The director may establish a permitting method for commercial wreckers and may establish a fee for any permits that are issued. The director may authorize exceptions to any permit required under this subsection or may waive any permit required under this subsection under emergency, exigent, or other extraordinary conditions. Permits may not be issued to a person or entity that is currently prohibited from operating by a federal or state agency responsible for vehicle safety. The permit authorized by this subsection shall be in addition to any registration requirements as provided for in Chapter 6 of this title and Chapter 12 of Title 40.
(f) Violations of federal law, etc. No permit shall be issued under this section if the issuance of the permit would violate United States law or would cause the State of Alabama to lose federal-aid funds. Notwithstanding any provisions of any statute to the contrary, all permit fees collected in accordance with this section shall be paid to the Public Road and Bridge Fund in addition to any sums appropriated therefor to the department.
(g) Farm and agricultural commodities and equipment exempt. The term heavy commodities or equipment, as used in this section, is not intended to include farm and agricultural commodities or equipment, and such farm or agricultural commodities and equipment are exempt from the requirement of obtaining permits for movement on the state highway system of Alabama.
(Acts 1932, Ex. Sess., No. 58, p. 68; Acts 1939, No. 484, p. 687; Code 1940, T. 36, §91; Acts 1977, No. 775, p. 1332, §§1 through 3; Acts 1977, 1st Ex. Sess., No. 78, p. 1506; Acts 1978, No. 837, p. 1241; Act 98-321, p. 562, §1; Act 2019-473, §1.)
(a) The Director of the State Department of Transportation or the official of the State Department of Transportation designated by the director may, at his or her discretion, upon application and for good cause being shown therefor, issue special permits to the applicant, for movement on or over the public highways, for motor vehicles when used in the transportation of site-built residential buildings or otherwise, which had at one time been affixed to a permanent foundation; provided, however, that this section shall not extend to those motor vehicles used in the transportation of what is commonly referred to as mobile homes, house trailers, prefabricated housing, or other factory-built buildings.
The applicants for the permits issued under this section shall state if the route of the movement will cross one or more railroads at grade.
If such a crossing is to be made, the Director of the State Department of Transportation or the official of the State Department of Transportation designated will notify the railroad or railroads involved, stating the time and route of the anticipated move.
(b) The fee for the issuance of such permits shall be the same as set forth in Section 32-9-29(c).
(Acts 1983, No. 83-646, p. 1008.)
Any officer enumerated in Section 32-9-3 having reason to believe that the height, length, width, or weight of any truck, semitrailer truck, or trailer is in excess of the maximum limits prescribed by Section 32-9-20, or permitted by any permit issued under authority of Section 32-9-29, is authorized to measure or weigh the vehicle using either portable or stationary scales. All scales used for weighing vehicles as provided in this section shall be approved by the weights and measures division of the Department of Agriculture and Industries. The officer may require the operator of the truck, semitrailer truck, or trailer to unload a portion of a load as necessary to decrease the gross weight of the vehicle to the maximum gross weight permitted by this title or by the terms of any permit in the possession of the operator and issued under the provisions of Section 32-9-29, which excess load, when unloaded, shall be at the sole risk of the owner or, at the election of the operator, the officer shall permit the operator to move the vehicle and its load to the nearest incorporated town or the nearest court having jurisdiction, at which place the excess load shall be unloaded. The refusal of any operator to permit his or her truck, semitrailer truck, or trailer to be measured or weighed, or to unload the excess load, is a violation of this chapter.
(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §85; Acts 1949, No. 518, p. 773, §2; Act 2025-272, §1.)
The Director of the Department of Transportation is authorized to designate, furnish instructions to, prescribe rules and regulations for the conduct of, and to supervise official stations for determining the weight of motor vehicles at such points as it may be deemed necessary. Such designated weighing devices shall be checked by the weights and measures division of the Department of Agriculture and Industries and certified to be correct within the tolerances prescribed under the rules and regulations established by the state Department of Agriculture and Industries, and checks shall be made at such points as is deemed necessary by the weights and measures division of the Department of Agriculture and Industries. All stations shall comply with the requirements of the director and shall be available for the use of all officers in the enforcement of this chapter. The expense of weighing such motor vehicles shall be paid out of any funds made available for the use of the state highway patrol. If it is found that any motor vehicle is being operated in violation of this chapter, the expenses of such weighing shall be taxed as part of the costs for the prosecution of such violation. A certificate issued by the chief of the division of weights and measures of the Department of Agriculture and Industries, signed by such official, under oath, and countersigned by the Commissioner of Agriculture and Industries, in which the chief of the division of weights and measures certifies that scales, or weighing devices, have been checked and approved as required under the provisions of this section and Section 32-9-31 and found to be correct, within prescribed tolerances, shall be received in any court as prima facie evidence of the fact that the scales or weighing devices designated and identified in such certificate have been checked and approved for accuracy in accordance with the requirements of this section and Section 32-9-31; provided, that such certificate must show that the scales or weighing devices were checked for accuracy within a period of four months (120 days) prior to the date on which the motor vehicle was weighed to determine whether such vehicle was being operated in violation of this chapter.
(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §87; Acts 1949, No. 518, p. 773, §3; Acts 1953, No. 827, p. 1114.)
Whenever used in this chapter, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:
(1) COMMERCE. a. Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside of the United States.
b. For the purpose of this chapter, commerce also includes any trade, traffic, or transportation beginning and ending within the boundaries of this state.
(2) COMMERCIAL MOTOR VEHICLE. Any self-propelled or towed vehicle used on the highways in commerce to transport passengers or property if the vehicle meets any of the following:
a. It has a gross weight rating or gross combination weight of more than 10,000 pounds, whether operated interstate or intrastate.
b. It is designed to transport more than 15 passengers, including the driver, regardless of weight.
c. It is used to transport hazardous materials in a quantity requiring placards under regulation of the U.S. Department of Transportation.
(3) DEPARTMENT. The Alabama Department of Public Safety.
(4) DIRECTOR. The Director of the Alabama Department of Public Safety.
(Act 98-493, p. 952, §1; Act 99-203, p. 261, §1.)
(a)(1) Except as otherwise provided in subsection (b), no person may operate a commercial motor vehicle in this state, or fail to maintain required records or reports, in violation of the federal motor carrier safety regulations as prescribed by the U.S. Department of Transportation, 49 C.F.R. Part 107, Parts 171-180, Part 380, Parts 382-387, and Parts 390-399 and as they may be amended in the future. Except as otherwise provided herein, this chapter shall not be construed to repeal or supersede other laws relating to the operation of motor vehicles.
(2)a. No person may operate a commercial motor vehicle in this state in violation of 49 C.F.R. § 393.120, as amended, relating to load securement for certain metal coils.
b. No one owning, leasing, or allowing a commercial vehicle to be operated in this state shall knowingly or negligently be in violation of 49 C.F.R. § 393.120, as amended, relating to load securement for metal coils.
(3) No person may knowingly or negligently own or lease or cause to be operated on any public highway, road, street, or other public right-of-way a commercial motor vehicle loaded with a metal coil in a manner that fails to comply with 49 C.F.R. § 393.120 and thereby allows a metal coil to drop, fall, spill, shift, or otherwise escape from the commercial vehicle onto any public highway, road, street, or any other public right-of-way.
(4) Except as it relates to subdivision (3), no law enforcement officer may make an arrest or issue a citation under this chapter unless he or she has satisfactorily completed, as a part of his or her training, the basic course of instruction developed by the Commercial Vehicle Safety Alliance. Those law enforcement officers authorized to enforce this chapter shall annually receive in service training related to commercial motor vehicle operations, including, but not limited to, training in current federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria. The annual training requirements shall be designated and specified by the director. An officer qualified under this section to make an arrest or issue a citation pursuant to subdivision (3) may arrest or issue a citation to the driver of a commercial motor vehicle without a warrant and without witnessing the violation personally if, upon personal investigation, the officer has reasonable cause to believe that a violation has occurred.
(b) Notwithstanding subsection (a) or any other provision of law to the contrary:
(1) Amendments to the hours of service regulations promulgated by the U.S. Department of Transportation at 68 Federal Register 22456, April 28, 2003 and effective June 27, 2003, shall not apply to utility service vehicles as defined at 49 C.F.R. § 395.2, not including television cable or community antenna service vehicles, which are owned or operated by utilities regulated by the Public Service Commission or electric cooperatives and which are engaged solely in intrastate commerce in this state until June 27, 2006, provided the amendments are valid and remain in effect as of that date. Hours of service regulations that are applicable in this state immediately prior to June 27, 2003, shall remain applicable to utility service vehicles engaged solely in intrastate commerce in this state until June 27, 2006. If the U.S. Department of Transportation issues an official finding that this provision may result in the loss of federal Motor Carrier Safety Assistance Program funding, the Alabama State Law Enforcement Agency may adopt rules providing for earlier implementation of the amendments to the federal hours of service regulations. If federal law or regulations are amended at any time to exempt utility service vehicles from the hours of service requirements, any exemption shall be effective in this state immediately for the duration of the federal exemption.
(2) The Alabama State Law Enforcement Agency may adopt rules suspending the effective date for up to three years after adoption of any motor carrier safety regulation by the U.S. Department of Transportation as applied to vehicles engaged solely in intrastate commerce in this state, provided that the suspension does not result in the loss of federal Motor Carrier Safety Assistance Program funding.
(3) The Alabama State Law Enforcement Agency may enter into agreements with state and local emergency management agencies and private parties establishing procedures for complying with 49 U.S.C. § 31502(e) and federal regulations promulgated thereto at 49 C.F.R. § 390.23 which provide an exemption from the hours of service regulations during certain emergencies.
(4) The Alabama State Law Enforcement Agency may adopt rules granting any waiver, variance, or exemption permitted under 49 U.S.C. § 31102(e) and federal regulations promulgated thereto at 49 C.F.R. §§ 350.305 through 350.309, provided that the waiver, variance, or exemption does not result in the loss of federal Motor Carrier Safety Assistance Program funding and does not take effect unless approved by the U.S. Department of Transportation if that approval is required.
(5) A commercial motor vehicle operated in intrastate commerce which does not equal or exceed 26,001 pounds, except a motor vehicle, regardless of weight, which is designed or used to transport 16 or more passengers, including the driver, or which is used in the transportation of hazardous materials and required to be placarded pursuant to 49 C.F.R. Part 172, Subpart F, shall be exempt from the federal motor carrier regulations otherwise made applicable in this state pursuant to subsection (a). For purposes of this subdivision, “commercial motor vehicle” means a commercial motor vehicle as defined in 49 C.F.R. § 390.5.
(6) For purposes of those provisions of 49 C.F.R. Part 395 providing for exemptions from the hours of service requirements of that part respecting the operation of motor vehicles for the transportation of agricultural commodities as contemplated in that part, the planting and harvesting season for this state is defined by the Legislature as the period from April 1 of each calendar year to March 31 of the next succeeding calendar year.
(c) Nothing in this section shall be interpreted to exempt any person from the obligations to operate a motor vehicle in a safe and proper manner or to observe the rules of the road, nor shall any provision of this section be interpreted to immunize any person from civil liability for actionable conduct.
(Act 98-493, p. 952, §2; Act 2003-478, p. 1479, §1; Act 2007-298, p. 536, §§1-3; Act 2008-336, p. 616, §1; Act 2009-143, p. 263, §2; Act 2011-638, p. 1565, §1; Act 2013-207, p. 443, §1; Act 2021-386, §1; Act 2024-245, §1.)
The Department of Public Safety shall use their commercial vehicle inspection authority, including portable scales, in those areas of the state that are prone to accidents involving the transportation of metal coils to aggressively inspect and weigh vehicles transporting metal coils to insure the loads are being transported safely and in compliance with state and federal regulations.
(Act 2009-143, p. 263, §3.)
Any records required to be maintained by operators of commercial motor vehicles pursuant to state or federal laws or regulations shall be open to inspection during the normal business hours of a carrier by members designated by the director. The inspection may be made without a warrant. Members of the department designated by the director may also go on the property of an operator of a commercial motor vehicle to conduct inspections of facilities and records to ensure compliance with applicable state and federal laws and regulations governing commercial motor vehicle operations.
The director may promulgate reasonable rules and regulations relating to this chapter subject to the Alabama Administrative Procedure Act.
(Act 98-493, p. 952, §3.)
(a) Any person violating Section 32-9A-2(a)(1) shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five dollars ($25) nor more than two thousand dollars ($2,000) for each offense. In addition, the court may impose a sentence of imprisonment in the county jail, not to exceed 30 days, for each offense.
(b) Any person violating Section 32-9A-2(a)(2)a. or a motor carrier violating Section 32-9A-2(a)(2)b. shall be guilty of a misdemeanor and punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) for each offense.
(c) Any operator of a commercial motor vehicle violating Section 32-9A-2(a)(2)a. in which a metal coil drops, falls, spills, shifts, or otherwise escapes from the vehicle shall be guilty of a misdemeanor and punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000).
(d) Any person violating Section 32-9A-2(a)(3) shall be guilty of a misdemeanor and punished by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).
(e) In addition to the other penalties for a violation of subdivisions (2) or (3) of Section 32-9A-2(a), the court may impose a sentence of imprisonment in the county jail, not to exceed one year, for each conviction under subdivisions (2) or (3) of Section 32-9A-2(a).
(f) In addition to other punishment fixed by law, the court may enter an order prohibiting the person from operating any commercial motor vehicle for a period to be specified by the court, or perpetually, as the court may determine.
(Act 98-493, p. 952, §4; Act 2009-143, p. 263, §2; Act 2024-245, §1.)
This chapter is remedial and should be liberally construed to promote the public health, public safety, and general welfare. To the extent this chapter directly conflicts with other state laws governing the operation of motor vehicles, this chapter prevails. Where this chapter is silent and not in direct conflict with other laws, the general laws governing the operation of motor vehicles shall continue in force and effect.
(Act 98-493, p. 952, §5.)
(a) The intrastate hours of service limitation applied to the drivers of commercial motor vehicles operating in intrastate transportation within a 150 air-mile radius of their normal work reporting location, following 10 consecutive hours off duty except when prohibited by federal rule or law, shall be the following:
(1) A 12-hour driving limit, provided driving shall be prohibited for any driver of a commercial motor vehicle who has been on duty for more than 15 hours.
(2) Driving shall be prohibited for any driver who has been on duty 70 hours in seven consecutive days.
(b) An intrastate driver is defined by his or her previous seven days in operation.
(c) All motor carriers operating under the variance provided by this section shall have a satisfactory safety rating with the Federal Motor Carrier Safety Administration (FMCSA) or be unrated. Subsection (a) shall not apply to a motor carrier with a conditional or unsatisfactory FMCSA safety rating.
(d) All motor carriers operating under the variance provided by this section shall require its drivers to comply with the record of duty provisions under 49 C.F.R. § 395.8. The driver shall retain a copy of each record of duty status for the previous seven consecutive days, which shall be in his or her possession and available for inspection while on duty.
(Act 2015-294, p. 916, §1; Act 2024-210, §1.)
For the purposes of this chapter, the following words shall have the following meanings:
(1) AUTOMATED COMMERCIAL MOTOR VEHICLE. A commercial motor vehicle equipped with an automated driving system.
(2) AUTOMATED DRIVING SYSTEM. The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.
(3) COMMERCIAL MOTOR VEHICLE. A commercial motor vehicle as defined in Section 32-9A-1.
(4) CONVENTIONAL DRIVER. A driver who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a vehicle.
(5) DYNAMIC DRIVING TASK. All of the real-time operational and tactical functions required to operate a vehicle in on-road traffic excluding strategic functions such as trip scheduling and selection of destinations and waypoints.
(6) MINIMAL RISK CONDITION. A condition to which a user or an automated driving system may bring a vehicle in order to reduce the risk of a crash upon experiencing a failure of the vehicle’s automated driving system that renders the vehicle unable to perform the entire dynamic driving task.
(7) OPERATIONAL DESIGN DOMAIN. A description of the specific operating domain in which an automated commercial motor vehicle is designed to properly operate, including, but not limited to, roadway types, speed, environmental conditions, and other domain constraints.
(8) REMOTE DRIVER. A natural person who is not seated in a commercial motor vehicle, but is able to perform the entire dynamic driving task.
(9) TELEOPERATION SYSTEM. Hardware and software installed on a commercial motor vehicle that allow a remote driver to operate the motor vehicle.
(Act 2019-496, §1.)
(a) Unless otherwise provided by this chapter, an automated commercial motor vehicle and a teleoperation system, including any commercial use or operation of either, are governed exclusively by this chapter.
(b) Notwithstanding any other provision of law, the Department of Transportation is the sole and exclusive state agency with jurisdiction over automated commercial motor vehicles and teleoperation systems that may implement this chapter.
(c) A political subdivision of this state or a state agency may not impose requirements, including taxes or performance standards, related specifically to the operation of a teleoperation system or automated commercial motor vehicle in addition to the requirements of this chapter.
(Act 2019-496, §2.)
Notwithstanding any other provision of law, an automated commercial motor vehicle may operate in this state without a conventional driver physically present in the vehicle if the vehicle meets all of the following criteria:
(1) The automated commercial vehicle is capable of operating in compliance with applicable federal law and the traffic and motor vehicle laws of this state, including without limitation, applicable laws concerning the capability to safely navigate and negotiate railroad crossings.
(2) The automated commercial vehicle is registered and titled in accordance with the laws of this state.
(3) The automated commercial vehicle is certified in accordance with 49 C.F.R. Part 567 as being in compliance with federal motor vehicle safety standards and bears the required certification label or labels, including reference to any exemption granted under applicable federal law.
(4) The automated commercial vehicle can achieve a minimal risk condition if a failure occurs rendering the vehicle unable to perform the dynamic driving task relevant to its intended operational design domain or if the vehicle exits its operational design domain.
(5) The automated commercial vehicle is covered by motor vehicle liability coverage in an amount not less than two million dollars ($2,000,000).
(6) The registration of an automated commercial motor vehicle shall not be interpreted to abrogate or amend any statutory or regulatory provisions or any aspects of common law pertaining to liability for any harm or injury caused.
(Act 2019-496, §3.)
(a) The owner of an automated commercial vehicle, or the lessee if the vehicle is leased or rented, is considered the operator of the vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws, including the rules of the road.
(b) The automated driving system is considered to be licensed to operate the vehicle.
(Act 2019-496, §4.)
When an accident occurs involving an automated commercial motor vehicle, the requirements of Chapter 10 shall be deemed satisfied if the vehicle remains on the scene of the accident and the vehicle, owner, a person on behalf of the owner, or operator promptly contacts appropriate law enforcement entities and communicates the information required by Chapter 10.
(Act 2019-496, §5.)
(a) Notwithstanding any other provision of this chapter, a commercial motor vehicle equipped with a teleoperation system may operate without a conventional driver physically present in the vehicle if a remote driver is operating the vehicle.
(b) When a remote driver is operating a commercial motor vehicle, the remote driver is considered to be the operator of the vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws, including the rules of the road, and for the purpose of any charge for a violation of Title 13A or this title. Extradition of a person charged pursuant to this section shall be governed by Chapter 9 of Title 15.
(c) The remote driver shall hold the proper class of license required for a conventional driver to operate the vehicle.
(d) When an accident occurs involving a commercial motor vehicle equipped with a teleoperation system, the requirements of Chapter 10 of this title shall be deemed satisfied if the vehicle remains on the scene of the accident and the owner or remote driver promptly contacts appropriate law enforcement entities and communicates the information required by Chapter 10 of this title.
(e) In the event of an accident involving a commercial motor vehicle equipped with a teleoperation system, the remote driver who is operating the vehicle shall be subject to Section 32-6-49.13, regardless of the jurisdiction in which the remote driver is physically present. A remote driver is deemed to have given consent, subject to provisions of Section 32-5-192, to take a test or tests of the remote driver’s blood, breath, or urine for the purpose of determining that person’s alcohol concentration, or the presence of other drugs. Subdivision (1) of subsection (b) of Section 32-6-49.13 shall be deemed satisfied if the test or tests are administered in cooperation with local law enforcement officials in the jurisdiction where a remote driver is present. The results of any test shall be provided to Alabama law enforcement agencies.
(Act 2019-496, §6.)
A commercial motor vehicle equipped with a teleoperation system registered in this state shall meet all of the following requirements:
(1) Is in compliance with applicable federal law.
(2) Is certified in accordance with federal regulations in 49 C.F.R. Part 567 as being in compliance with applicable federal motor vehicle safety standards and shall bear the required certification label or labels, including reference to any exemption granted under applicable federal law.
(3) Is capable of being operated in compliance with the applicable traffic and motor vehicle laws of this state, regardless of whether the vehicle is operated by a remote driver, including, without limitation, applicable laws concerning the capability to safely navigate and negotiate railroad crossings.
(4) Is covered by motor vehicle liability coverage in an amount of not less than two million dollars ($2,000,000).
(5) Is able to achieve a reasonably safe state, such as bringing the vehicle to a stop, if a failure of the teleoperation system occurs that renders the remote driver unable to perform the entire dynamic driving task for the vehicle.
(Act 2019-496, §7.)
This chapter shall not be construed to repeal, modify, or preempt any liability that may be incurred under existing common or statutory law applicable to a vehicle owner, operator, manufacturer, component part supplier, or retailer.
(Act 2019-496, §8.)
For purposes of this chapter, the following terms have the following meanings:
(1) ADS-EQUIPPED VEHICLE. A vehicle equipped with an automated driving system.
(2) AUTOMATED DRIVING SYSTEM or ADS. The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis regardless of whether it is limited to a specific operational design domain.
(3) CONVENTIONAL HUMAN DRIVER. An individual, licensed or otherwise permitted by law to operate a vehicle, who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a vehicle.
(4) DYNAMIC DRIVING TASK or DDT. All of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, including, but not limited to:
a. Lateral vehicle motion control via steering.
b. Longitudinal vehicle motion control via acceleration and deceleration.
c. Monitoring the driving environment via object and event detection, recognition, classification, and response preparation.
d. Object and event response execution.
e. Maneuver planning.
f. Enhancing conspicuity via lighting, signaling, and gesturing.
(5) FULLY AUTONOMOUS VEHICLE. A motor vehicle equipped with an automated driving system designed to function without a human driver as a Level 4 or Level 5 automation system under the Society of Automotive Engineers (SAE) Standard J3016.
(6) MINIMAL RISK CONDITION. A stable, stopped condition to which a user or an automated driving system may bring a vehicle after performing the DDT fallback in order to reduce the risk of a crash when a given trip cannot or should not be continued.
(7) ON-DEMAND AUTONOMOUS VEHICLE NETWORK. A transportation service or network that uses a software application or other digital means to dispatch or otherwise enable the prearrangement of transportation with ADS-equipped vehicles for purposes of transporting passengers or goods, including for-hire transportation and transportation of passengers or goods for compensation.
(8) OPERATIONAL DESIGN DOMAIN or ODD. Operating conditions under which a given ADS or feature thereof is specifically designed to function, including, but not limited to, environmental, geographical, and time-of-day restrictions, and the requisite presence or absence of certain traffic or roadway characteristics.
(Act 2024-453, §1.)
(a) A person may operate an ADS-equipped vehicle with the ADS engaged on the public roads of this state only under all of the following conditions:
(1) The ADS-equipped vehicle is capable of complying with the following:
a. All applicable traffic and motor vehicle safety laws and rules of this state which govern the performance of the dynamic driving task, unless an exemption has been granted pursuant to subsection (b).
b. All applicable Federal Motor Vehicle Safety Standards, except to the extent an exemption has been granted under applicable federal law.
c. All applicable traffic control devices, including, but not limited to, speed limit signs, other regulatory signs, advisory signs, warning signs, barriers, and construction or work zone signs.
(2) The ADS-equipped vehicle shall be registered and titled in accordance with the laws of this state.
(b) An ADS-equipped vehicle may be operated on the public roads of this state without a conventional human driver physically present in the vehicle if the vehicle is capable of achieving a minimal risk condition.
(Act 2024-453, §2.)
A fully autonomous vehicle may operate on public roads in this state only if a person submits proof to the Department of Revenue of financial responsibility that the fully autonomous vehicle has single limits liability coverage, by contract of insurance or by qualifying as a self-insurer, of not less than one hundred thousand dollars ($100,000).
(Act 2024-453, §3.)
If a traffic accident occurs that involves an ADS-equipped vehicle that is being operated without a conventional human driver, the requirements of Chapter 10 of Title 32 do not apply to the ADS-equipped vehicle, provided all of the following occur:
(1) The owner of the ADS-equipped vehicle, or a person acting on behalf of the owner, promptly contacts the applicable law enforcement agency to report the accident.
(2) If the ADS-equipped vehicle has the capability of promptly alerting a law enforcement agency or emergency services, the vehicle alerts a law enforcement agency or emergency services to the traffic accident.
(3) The ADS-equipped vehicle remains at the scene or in the immediate vicinity of the accident until law enforcement arrives.
(4) In accordance with Chapter 7A of Title 32, the ADS-equipped vehicle’s registration and insurance information is provided to the parties affected by the traffic accident.
(5) In the event an ADS-equipped vehicle is not an automated commercial motor vehicle under Section 32-9B-1 but is being operated by a commercial entity without a conventional human driver, the owner of the ADS-equipped vehicle shall be deemed the operator of the vehicle and shall maintain the ability to respond to damages for liability on account of any accidents arising from the use of the ADS-equipped vehicle or automated driving system in the minimum amount of one million dollars ($1,000,000) per accident for death, bodily injury, and property damage to a third party.
(Act 2024-453, §4.)
A conventional human driver of an ADS-equipped vehicle is required to have a valid driver license for the class of vehicle being operated.
(Act 2024-453, §5.)
(a) Except as otherwise provided in this chapter or in Chapter 9B and notwithstanding any other provision of law, the operation of ADS-equipped vehicles and automated driving systems is governed exclusively by this chapter.
(b) No state or local entity may impose requirements, including performance standards, specific to the operation of ADS-equipped vehicles, automated driving systems, or automated commercial motor vehicles as defined in Section 32-9B-1, except as specifically authorized by this chapter. Nothing in this section shall be construed to repeal or in any way modify Section 32-9-29.
(c) No municipality or other local or state entity may impose a tax on, or impose requirements on ADS-equipped vehicles or automated driving systems, where the tax or other requirement relates specifically to the operation of ADS-equipped vehicles.
(Act 2024-453, §6.)
For purposes of this chapter and for assessing compliance with applicable traffic or motor vehicle laws, including rules of the road, unless the context otherwise requires, the automated driving system shall be deemed to be the operator of an ADS-equipped vehicle when all of the following apply:
(1) The automated driving system is engaged and solely responsible for the driving task.
(2) The automated driving system is being operated and maintained as intended by the manufacturer of the ADS-equipped vehicle.
(3) A request to intervene has not been issued by the ADS-equipped vehicle.
(Act 2024-453, §7.)
(a) Liability for a traffic accident involving an ADS-equipped vehicle shall be determined in accordance with applicable state law, federal law, or common law.
(b) The original manufacturer of a vehicle converted by a third party into an ADS-equipped vehicle may not be held liable in, and shall have a defense to and be dismissed from, any legal action brought against the original manufacturer by any individual injured due to an alleged vehicle defect caused by the conversion of the vehicle, or by equipment installed by the converter, unless the alleged defect was present in the vehicle as originally manufactured.
(Act 2024-453, §8.)
(a) An ADS-equipped vehicle that is designed to be operated exclusively by an automated driving system for all trips shall not be subject to motor vehicle equipment laws or rules of this state that relate to or support motor vehicle operation by a conventional human driver but are not relevant to an automated driving system.
(b) Any ADS-equipped vehicle, or automated commercial motor vehicle as defined in Section 32-9B-1, may be equipped with ADS marker lamps in accordance with the SAE Recommended Practice and Standard guidelines, including SAE J3134. For purposes of this section, an “ADS marker lamp” means a device that emits light to indicate when an ADS is engaged in the operation of the vehicle.
(Act 2024-453, §9.)
An on-demand autonomous vehicle network shall be permitted to operate pursuant to state laws governing the operation of transportation network companies with the exception that any provision of this state’s laws, including Chapter 7C which reasonably applies only to a conventional human driver would not apply to the operation of ADS-equipped vehicles with the ADS engaged on an on-demand autonomous vehicle network. A fully autonomous vehicle with the automated driving system engaged while logged on to an on-demand autonomous vehicle network must meet the insurance requirements in Section 32-9C-4.
(Act 2024-453, §10.)
Nothing in this chapter is intended, or shall be construed, to require a county to construct, upgrade, maintain, or place traffic control devices on county roads in a manner that is above and beyond the manner in which roads are constructed, upgraded, maintained, or designed for all other vehicular traffic.
(Act 2024-453, §11.)
(a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person, or in damage to any vehicle driven or attended by any person, shall immediately stop the vehicle at the accident scene or as close thereto and shall return to or remain at or as close to the scene of the accident until he or she has fulfilled the requirements of Section 32-10-2. Every such stop shall be made without obstructing traffic more than is necessary.
(b) If the accident does not involve any apparent injury or the death of a person and the driver is not impaired, the driver may immediately move the vehicle from the roadway to the shoulder, emergency lane, median, or other location close to the accident site if the vehicle is drivable and can be safely moved from the roadway and shall return to or remain at or as close to the scene of the accident as safely possible.
(c) Employees of the Alabama Department of Transportation or any state or local law enforcement officer may move a vehicle, require a vehicle to be moved by the driver or with the assistance of a towing or recovery vehicle, or assist in the moving of a vehicle from a roadway under the jurisdiction of the Department of Transportation if the vehicle is disabled as a result of an accident, the disabled vehicle creates a traffic hazard, or the disabled vehicle is obstructing traffic. A vehicle involved in an accident with injury to or death of any person may not be moved until directed by a law enforcement officer.
(d) This section does not relieve a driver from complying with any other duties imposed in this chapter.
(e) Employees of the Department of Transportation and any state and local law enforcement officer exercising authority under this section shall not be liable for damages caused by moving a vehicle pursuant to this section.
(f) Section 36-1-12 shall apply to employees of the Department of Transportation and any state and local law enforcement officer relating to any claim resulting from the exercise of authority under this section.
(g) The director shall revoke the driver license of a person convicted under this section.
(Acts 1943, No. 558, p. 548, §2; Act 2017-376, §1; Act 2022-340, §1.)
The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving, shall upon request exhibit his driver’s license to the person struck or the driver or occupant of or person attending any motor or other vehicle collided with or damaged and shall render to any person injured in such accident reasonable assistance, including the transportation of, or the making of arrangements for the transportation of such person to a physician or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such transportation is requested by the injured person.
(Acts 1943, No. 558, p. 548, §3.)
The driver of any motor vehicle which collides with any motor vehicle or other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and/or the owner of the vehicle doing the striking and a statement of the circumstances thereof.
(Acts 1943, No. 558, p. 548, §4.)
The driver of any motor vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver’s license and shall make report of such accident when and as required in Section 32-10-5.
(Acts 1943, No. 558, p. 548, §5.)
(a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person shall immediately by the quickest means of communication give notice of such accident to the local police department if such accident occurs within a municipality; otherwise to the office of the county sheriff or to the state highway patrol.
(b) Every coroner or other official performing like functions upon learning of the death of a person in his jurisdiction as the result of a traffic accident shall immediately notify the nearest office of the director.
(Acts 1943, No. 558, p. 548, §6.)
AMENDED BY ACT 2026-64, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
Every person convicted of violating Sections 32-10-1 through 32-10-5 or any of the provisions thereof, when such violation involved only damage to property, shall be punished the same as prescribed by law for a Class A misdemeanor; provided, however, that every person convicted of violating such sections, or any provisions thereof, when such violation involved death or personal injury, shall be punished the same as prescribed by law for a Class C felony.
(Acts 1945, No. 427, p. 670; Acts 1985, 2nd Ex. Sess., No. 85-918, p. 197.)
(a) Every law enforcement officer who in the regular course of duty investigates a motor vehicle accident, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses, shall, within 24 hours after completing such investigation, forward the necessary completed written report or copy thereof of such accident to the director on the uniform accident report form supplied by the director. Local police departments, and their contracted agents, may retain copies of the written reports.
(b) Accident reports prepared pursuant to this section shall be made available pursuant to Section 32-2-8, to a news-gathering organization solely for the purpose of publishing or broadcasting the news. The news-gathering organization shall not use or distribute the report, or knowingly allow its use or distribution, for a commercial purpose other than the news-gathering organization’s publication or broadcasting of the information in the report. A newspaper, periodical, or radio or television station shall not be held to have used or knowingly allowed the use of the report for a commercial purpose merely because of its publication or broadcast. The news-gathering organization shall not distribute the report or any of the contents of the report, including personal information contained in the report, to any third party for any other purpose. For 30 days following the accident, the Alabama State Law Enforcement Agency shall limit any personal identifying information contained in any accident report released pursuant to this subsection to the name and age of the person involved. The complete report shall be made available after that date, excluding any juvenile information or personal information as defined by 18 U.S.C. § 2725. Except as provided above and in subsection (c), disclosure of accident reports shall be made only under the following circumstances:
(1) When the identity of a person involved in an accident is not otherwise known or when he or she denies his or her presence at an accident.
(2) When disclosure is directed by a properly executed subpoena or court order.
(3) When requested by any of the following persons:
a. A person involved in the accident made the basis of the accident report, including, but not limited to, drivers of and passengers in the automobiles and pedestrians involved in the accident that is the subject of the report.
b. A parent or guardian of a minor who is a person involved in the accident made the basis of the accident report.
c. A personal representative, executor, or other legal representative of the estate of a deceased person who was involved in the accident made the basis of the accident report. Where no personal representative has been appointed by a probate court of competent jurisdiction regarding the probate or administration of the estate of a decedent, any heir of the decedent shall be authorized to receive an accident report. The authority of the heir to act on behalf of the decedent shall terminate upon the appointment of a personal representative of the estate of the decedent. The Alabama State Law Enforcement Agency or local law enforcement agency may rely upon the affidavit of the heir stating that he or she meets the requirements of this section and that a personal representative has not been appointed by a probate court with respect to the estate of the decedent. For purposes of this section, heir means a person who is entitled to a distribution from the estate of an intestate decedent or a person who would be entitled to a distribution from the estate of a testate decedent if that decedent had died intestate.
d. An insurer or its written designee of a person involved in the accident made the basis of the accident report, if the purpose of the request is for insurance business purposes.
e. An attorney of a person involved in the accident made the basis of the accident report, or an employee of the attorney. The attorney or employee of the attorney shall provide written signed consent by the represented person to request the report.
f. A governmental entity responsible for either maintenance, repair, and oversight of the public road or bridge on which the accident occurred or for law enforcement investigations.
g. An owner or lienholder of an automobile in the accident that is the subject of the report.
(c) The Alabama State Law Enforcement Agency, as a matter of public safety, may contract with an outside entity and release vehicle damage data extracted from accident reports to such an entity for the purpose of providing the public a means of determining a vehicle’s accident history. The department may contract with a third party to provide electronic access to reports for persons and entities who are entitled to such reports under subsection (b).
(d) No disclosure is required of any information prohibited by 18 U.S.C. § 2721.
(Acts 1943, No. 558, p. 548, §7; Acts 1951, No. 128, p. 355; Acts 1969, No. 272, p. 603; Act 2018-570, §1.)
(a) The director shall prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, uniform accident report forms required under this chapter. The required written accident report or citation to be made by persons involved in accidents or charged with a moving violation and by investigating officers shall call for sufficiently detailed information, to disclose with reference to a traffic accident, including, but not limited to, the location of the accident, probable cause, injuries to persons, property damage, deaths of persons, the registration of vehicles involved including license numbers, the name, address, and driver’s license number of the operator, highway design and maintenance, including lighting, markings, and road surface, and the names and addresses of any witnesses.
(b) Every accident report required to be made in writing shall be made on the uniform accident report form approved and supplied by the director and shall contain all available information required therein.
(Acts 1943, No. 558, p. 548, §8; Acts 1969, No. 272, p. 603; Acts 1980, No. 80-803, p. 1635; Act 2005-325, 1st Sp. Sess., p. 792, §1.)
Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the director the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident.
(Acts 1943, No. 558, p. 548, §9.)
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident, of which report must be made as provided in Section 32-10-7, or struck by any bullet shall report to the director within 24 hours after such motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of such vehicle.
(Acts 1943, No. 558, p. 548, §10.)
All accident reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the director or of other state agencies having use for the records for accident prevention purposes; except, that the director may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except, that the department shall furnish upon demand of any person who has, or claims to have made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the director solely to prove a compliance or a failure to comply with the requirement that such a report be made to the director.
(Acts 1943, No. 558, p. 548, §11.)
The director shall tabulate and analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents. The director shall make available to the state Director of Transportation all accident reports so that he or she may obtain sufficient detailed information so as to provide data for surveillance of traffic for detection and correction of high or potentially high accident locations.
(Acts 1943, No. 558, p. 548, §12; Acts 1969, No. 272, p. 603.)
(a) As used in this section, the following terms shall have the following meanings:
(1) ACCIDENT RESPONSE SERVICE FEE. A fee imposed for the response or investigation by a law enforcement officer or agency of a motor vehicle accident.
(2) ENTITY. A governmental entity or agency or department of a governmental entity.
(3) LAW ENFORCEMENT AGENCY. The Alabama Department of Public Safety, the police department of each incorporated city or municipality, the department of each sheriff of the state, including all deputy sheriffs, the enforcement division of the Department of Conservation and Natural Resources, the Public Service Commission, and each public agency in the state charged with the enforcement of any laws and the officers and employees of which have the power as such to make arrests. The term does not include rescue squads or volunteer fire departments.
(4) LAW ENFORCEMENT OFFICER. An officer of a law enforcement agency.
(b) Notwithstanding any other provision of law to the contrary, no law enforcement agency, law enforcement officer, or other entity shall impose an accident response service fee on an insurance company, the driver or owner of a motor vehicle, or any other person or entity.
(Act 2010-698, p. 1691, §§1, 2.)
Wherever the term rescue squad appears in this chapter, it shall refer to and include only those persons or organizations who are members of the Alabama Association of Rescue Squads.
(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §4.)
Motor vehicles and utility trailers, as defined in Section 40-12-240, owned by volunteer rescue squads incorporated under the laws of Alabama and used exclusively as life saving, rescue, or first aid vehicles without profit, and which are not rented, leased, or loaned to any private individual, firm, or corporation shall be exempt from payment of license and registration fees and all ad valorem taxes otherwise prescribed by law. Provided however, any such vehicle or trailer may be issued a permanent license plate as provided for in Section 40-12-250 and upon the payment of the fees provided by that section.
(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §1; Acts 1966, Ex. Sess., No. 422, p. 567; Act 2021-429, §1;Act 2024-291, §1.)
Any vehicle, to come under the provisions of this chapter, shall be painted a distinguishing color and shall display conspicuous letters and figures not less than three inches in height showing the identity of the volunteer rescue squad that owns the vehicle.
(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §2.)
The treasurer of any rescue squad coming under the provisions of this chapter may apply to the Department of Revenue, giving the make, type, model, motor number, and serial number of the vehicle or vehicles, together with such other information as the Department of Revenue shall require, which information shall be furnished under oath by such officer; and, if upon examination the same appears regular to the Department of Revenue, it shall issue to such treasurer the necessary number of tags to be placed on such vehicle, and such tags shall be used on no other vehicle than that for which issued. Such tags shall have the letters R. S. and proper number stamped thereon. All replacement tags issued for such vehicles shall be similarly stamped or marked. For issuance of such tags and to cover the expense of preparing the same, the treasurer shall pay to the Department of Revenue the sum of $1.00 for the necessary tags for each vehicle to which this chapter applies.
(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §3.)
It is unlawful for any person to do any act forbidden or to fail to perform any act required by this chapter. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. As used herein, the term motor-driven cycle shall include every motorcycle weighing when fully equipped less than 200 pounds and every bicycle with motor attached, excluding an electric bicycle, and every motor scooter.
(Acts 1949, No. 652, p. 1006, §1; Act 2021-134, §3.)
(a) A person operating a motor-driven cycle with a Class M motorcycle license with a motor-driven cycle restriction, a motorcycle Class M displayed on the person’s regular license, or a Class M motorcycle license shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under Chapter 6 of this title, except as to special regulations in this article and those provisions of this chapter which by their nature can have no application.
(b)(1) A Class M motorcycle license with a motor-driven cycle restriction shall be issued to any person 14 years and older if the person has passed a motorcycle knowledge test designated by the Alabama Law Enforcement Agency or if the individual has successfully completed an Alabama Traffic Safety Center/Alabama Motorcycle Safety Program, Motorcycle Safety Foundation, Basic Riders Course.
(2) A person 17 years of age or younger operating a motor-driven cycle shall be subject to the operating hours, exceptions, and suspensions provided in Section 32-6-7.2.
(c) This section and the portion of Section 32-5A-240 amended by Act 2015-223 do not apply to a person who has obtained a license to operate a motorcycle or a motor-driven cycle prior to January 1, 2016.
(Acts 1949, No. 652, p. 1006, §3; Act 2015-223, §§1, 2.)
(a) Every motor-driven cycle when operated upon the highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle.
(b) The Director of Public Safety is authorized to require an inspection of the brakes of any motor-driven cycle and to disapprove any brakes which he finds are not adequate.
(c) All such brakes shall be maintained in good working order.
(d) The Director of Public Safety may refuse to register or he or she may suspend or revoke the registration of any motor-driven cycle when he or she determines that the brakes thereon do not comply with the provisions of this section.
(e) No person shall operate on any highway any motor-driven cycle in the event the Director of Public Safety has disapproved the brake equipment on such cycle or type of cycle.
(f) Every motor-driven cycle when operated upon the highway shall be equipped with at least one brake, which may be operated by hand or foot.
(g) Any person violating this section shall be guilty of a misdemeanor.
(Acts 1949, No. 652, p. 1006, §6.)
The Director of Public Safety shall be authorized to revoke the license of any operator of a motor-driven cycle convicted of violating any of the provisions of this article.
(Acts 1949, No. 652, p. 1006, §6A.)
Any person who violates this article shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by fine and imprisonment.
(Acts 1949, No. 652, p. 1006, §8.)
The protective helmet shall meet the following specifications:
(1) DESIGN. One which is specifically designed for motorcycle riders and motorcycle passenger use.
(2) EXTERIOR SHELL. A hard exterior shell of nonshatterable material, resistant to impact and penetration.
(3) CRADLE. A firmly secured shock absorbent cradle for the head designed to support the helmet and maintain separation between the head and outer shell. Materials used in this portion of protective helmet shall be of durable quality and with characteristics that will not undergo appreciable alteration under the influence of aging or of the circumstances of use to which the helmet is normally subjected. Materials commonly known to cause skin irritation or disease shall not be used for these parts of the assembly which come in contact with the skin.
(4) PADDING. Impact-resistant, absorbent padding or cushioning material of substantial thickness in all areas where the head is in close proximity with or may contact the outer shell.
(5) CHIN STRAP. A permanently attached adjustable chin strap that will hold the helmet securely in place. A rider must at all times, while a motorized vehicle is in motion, have a chin strap firmly in place on or under the chin.
(6) VISOR. Not required, but, if the helmet is so equipped, the visor must be flexible or of a snap on type; however, no external projections shall be more than one-quarter inch above surface of the exterior shell.
(Acts 1967, Ex. Sess., No. 171, p. 218, §2.)
The manufacturers of motorcycle helmets for sale in Alabama shall meet the following specifications and comply with the following procedures:
(1) All protective helmets shall be required to meet minimum regulations of the USA standards set forth in Z-90 regulations of 1966.
(2) A manufacturer desiring to secure approval of a protective helmet shall submit to the Director of Public Safety, State of Alabama, Montgomery, Alabama 36104, postage prepaid, a test report certified as required in Z-90 basic standards, together with a sample of the helmet for which approval is sought. The director may contract with the American Association of Motor Vehicle Administrators in conducting testing procedures and the giving of approval of helmets submitted.
(3) If, after receipt of the test report from an independent testing laboratory, the Director of Public Safety finds that the helmet meets the requirements, notice of approval of the helmet will be issued.
(4) Each protective helmet approved by the Director of Public Safety shall be labelled on the outside of the helmet above the base of the rear of the helmet with letters or numbers at least one-quarter inch in height, with the manufacturer’s trade name and model number or name, which shall be the same as name or number under which the helmet has been approved.
(Acts 1967, Ex. Sess., No. 171, p. 218, §3.)
Any person or manufacturer who shall violate any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine of not less than $1.00 nor more than $100.00, and may be imprisoned in the county jail or sentenced to hard labor for not more than 180 days, one or both. Each violation of any provision of this article shall constitute a separate offense.
(Acts 1967, Ex. Sess., No. 171, p. 218, §4.)
For purposes of this chapter, the following terms shall have the following meanings:
(1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 1,500 pounds or less, designed to travel on three or more non-highway tires, and manufactured for off-road use by a single operator or by an operator and not more than one passenger as provided by the manufacturer.
(2) OFF-ROAD VEHICLE. Any motorized vehicle not designed for use on a highway and capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain. The term includes any all-terrain vehicle and recreational off-highway vehicle. The term excludes any electric bicycle; any golf cart; any vehicle used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles used exclusively on airport property; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, or for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, and garden or lawn tractors while such vehicles are being used exclusively for their designed purposes. The term does not include any motor vehicle for which a certificate of title is required by Chapter 8.
(3) PRIVATE USE. Use exclusively on private property or as an implement of husbandry, as defined in Section 32-8-2.
(4) PUBLIC USE. Off-road public use in designated public areas.
(5) RECREATIONAL OFF-HIGHWAY VEHICLE. Any off-road vehicle 80 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 3,500 pounds or less, designed and manufactured to travel on four or more non-highway tires for off-road use by an operator and the number of passengers as provided by the manufacturer.
(6) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency.
(Act 2017-395, §1; Act 2019-104, §1; Act 2021-322, §1; Act 2021-134, §3; Act 2022-371, §1(b)(4).)
The owner of an all-terrain vehicle or recreational off-highway vehicle may register the vehicle with the Alabama State Law Enforcement Agency.
(Act 2017-395, §2.)
(a) An application for registration or continued registration shall be made to the Secretary of the Alabama State Law Enforcement Agency or an authorized agent of the agency in a form prescribed by the secretary. The form shall state the name and address of every owner of the vehicle.
(b) A person who purchases an all-terrain vehicle or recreational off-highway vehicle from a retail dealer may make application for registration to the dealer at the point of sale. The dealer shall provide the registration application to the purchaser and submit the completed registration application and fees to the secretary at least once each month. The dealer may deduct a fee of two dollars fifty cents ($2.50) for each registration.
(c) Within 30 days after the receipt of the application and the appropriate fee, the secretary or agent shall issue to the applicant or provide to the dealer an assigned registration sticker. Once issued, the registration sticker shall be affixed to the vehicle in a manner prescribed by the secretary.
(d) Each agent for the registration of boats may also be a registered agent for all-terrain vehicle or recreational off-highway vehicle registration. The secretary may prescribe the accounting and procedural requirements necessary to assure efficient handling of registrations and registration fees. Agents shall strictly comply with the accounting and procedural requirements.
(e) In addition to other fees prescribed by law, an issuance fee of five dollars ($5) shall be charged for each all-terrain vehicle or recreational off-highway vehicle registration renewal, duplicate or replacement registration certificate, replacement decal, or an all-terrain vehicle or recreational off-highway vehicle registration transfer issued.
(Act 2017-395, §3; Act 2021-322, §1.)
All-terrain vehicles or recreational off-highway vehicles may be registered for private use or for public use. Public use includes private use. Registration is valid for three years from the date of issuance and is not transferable.
(Act 2017-395, §4; Act 2021-322, §1.)
The secretary shall provide to the registrant a registration certificate that includes the registration number, the date of registration, the make and serial number of the vehicle, the owner’s name and address, and additional information the secretary may require. Information concerning each registration shall be retained by the secretary. The registration is not valid unless signed by at least one owner. Upon a satisfactory showing that the registration certificate has been lost or destroyed, the secretary shall issue a replacement registration certificate upon payment of a fee of five dollars ($5). The fees collected from replacement registration certificates shall be deposited in the State Treasury and credited to the Public Safety Fund of the Alabama State Law Enforcement Agency.
(Act 2017-395, §5; Act 2021-322, §1.)
(a) An application for transfer of ownership may be made to the secretary within 30 days of the date of transfer.
(b) An application for transfer shall be executed by the registered owner and the purchaser using a bill of sale that includes the vehicle serial number.
(Act 2017-395, §6.)
(a) The fee for a three-year registration of an all-terrain vehicle or recreational off-highway vehicle under this section, other than those registered by a dealer or manufacturer, is as follows:
(1) For public use, forty-five dollars ($45).
(2) For private use, fifteen dollars ($15).
(3) For a duplicate or transfer, five dollars ($5).
(b) In addition to the fees provided above, an issuance fee of two dollars fifty cents ($2.50) shall be charged for the issuance of registration by an agent of the agency pursuant to this chapter. The fee shall be retained by the agent for the use of the office of the agent.
(c) Every owner of an all-terrain vehicle or recreational off-highway vehicle may renew registration in a manner prescribed by the secretary upon payment of the renewal registration fees.
(Act 2017-395, §7.)
Upon application, a registration sticker shall be issued without the payment of a fee for an all-terrain vehicle or recreational off-highway vehicle owned by the state or a political subdivision of the state.
(Act 2017-395, §8.)
No political subdivision of this state shall require licensing or registration of all-terrain vehicles or recreational off-highway vehicles covered by this chapter.
(Act 2017-395, §9.)
A person applying for initial registration in this state of an all-terrain vehicle or recreational off-highway vehicle shall provide a purchaser’s certificate showing a complete description of the vehicle including serial number or other identifying numbers and the seller’s name and address.
(Act 2017-395, §10.)
The secretary may issue a refund of a registration, not including any issuance fees paid, if either of the following apply:
(1) The vehicle was registered incorrectly.
(2) The vehicle was registered by the dealer and by the customer.
(Act 2017-395, §11.)
Fees from the registration of all-terrain vehicles and recreational off-highway vehicles shall be deposited in the State Treasury and credited to the Public Safety Fund.
(Act 2017-395, §12; Act 2021-322, §1.)
The secretary may adopt rules necessary to administer this chapter.
(Act 2017-395, §13.)
[Repealed]
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-322 EFFECTIVE APRIL 29, 2021.
(Act 2017-395, §14.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) ABANDONED MOTOR VEHICLE. A motor vehicle as defined in Section 32-8-2, that has been unclaimed as provided in Section 32-8-84 for not less than 30 calendar days from the date the notice was sent to the owner and lienholder of record, or if no owner or lienholder of record could be determined, has been unclaimed for not less than 30 calendar days. The term “abandoned motor vehicle” also includes any attached aftermarket equipment installed on the motor vehicle that replaced factory installed equipment.
(2) DEPARTMENT. The Department of Revenue.
(Acts 1971, No. 1154, p. 1999, §1; Acts 1989, No. 89-758, p. 1534, §1; Act 98-609, p. 1339, §1; Act 2003-402, p. 1170, §1; Act 2012-227, p. 418, §1; Act 2015-470, §1.)
(a) A law enforcement officer or, in a Class 1 municipality, a parking enforcement officer or traffic enforcement officer who is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission, may cause a motor vehicle to be removed to the nearest garage or other place of safety under any of the following circumstances:
(1) The motor vehicle is left unattended on a public street, road, or highway or other property for a period of at least 48 hours.
(2) The motor vehicle is left unattended because the driver of the vehicle has been arrested or is impaired by an accident or for any other reason which causes the need for the vehicle to be immediately removed as determined necessary by a law enforcement officer.
(3) The motor vehicle is subject to an impoundment order for outstanding traffic or parking violations.
(b)(1) A law enforcement officer, parking enforcement officer, or traffic enforcement officer who, pursuant to this section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
(2) A person removing a motor vehicle or other property at the direction of an owner or owner’s authorized agent, a lessee of real property or the lessee’s authorized agent, or a law enforcement officer, parking enforcement officer, or traffic enforcement officer in accordance with this section shall have a lien on the motor vehicle for a reasonable fee for the removal and for the storage of the motor vehicle.
(c) A law enforcement officer, parking enforcement officer, or traffic enforcement officer who causes the removal of any motor vehicle to a garage or other place of safety pursuant to this section, within five calendar days, shall give written notice of the removal. The notice shall include a complete description of the motor vehicle identification number and license number thereof, provided the information is available, to the Secretary of the Alabama State Law Enforcement Agency.
(d) An owner or owner’s authorized agent, or a lessee of real property or the lessee’s authorized agent, upon which a motor vehicle has become unclaimed, as provided for in Section 32-8-84, may cause the motor vehicle to be removed to a secure place. Any person or entity removing the vehicle at the direction of the owner or lessee of real property or his or her agent pursuant to this section shall have a lien on the motor vehicle for a reasonable fee for the removal and for storage of the motor vehicle.
(e) An owner or lessee or agent of the real property owner and the towing agent or wrecker service employed shall be liable to the owner or lienholder of record for action taken under this section only for gross negligence.
(Acts 1971, No. 1154, p. 1999, §2; Acts 1989, No. 89-758, p. 1534, §2; Act 98-609, p. 1339, §1; Act 2012-227, p. 418, §1; Act 2015-470, p. 1608, §1; Act 2019-245, §1; Act 2020-130, §1.)
(a) A person, as defined in Section 40-12-240, in possession of a motor vehicle that is considered an abandoned motor vehicle may sell the motor vehicle at a public auction.
(b)(1) Notice of the date, time, and place of the sale and a description of the motor vehicle to be sold, including the year, make, model, and vehicle identification number, shall be given by publication once a week for two successive weeks in a newspaper of general circulation in the county in which the sale is to be held, provided the vehicle is currently registered in the county. In counties in which no newspaper is published, notice shall be given by posting such notice in a conspicuous place at the courthouse. The first publication or posting, as the case may be, shall be at least 30 days before the date of sale. A person selling a motor vehicle at public auction under subsection (a) shall give notice of the public auction to the department at least 35 calendar days prior to the date of the public auction.
(2) The notice of public auction shall be in a manner as prescribed by the department and shall include all of the following:
a. The name and address of the current owner and lienholder of record, if any, as reflected on the current title or registration record of state.
b. The contact information for the person or entity filing the notice.
c. The motor vehicle’s identification number, year, make, and model.
d. The date, time, and location of the auction.
e. If the motor vehicle is not being sold by a bonded agent pursuant to Section 32-8-34, Section 40-12-398, or Section 40-12-414, a statement that the purchaser is required to post a bond pursuant to Section 32-8-36 in order to obtain title to the vehicle.
(3) The auction shall occur where the vehicle is located. The department, within five calendar days of receipt of the notice of public auction, shall send a motor vehicle interest termination notice to the current owner and lienholder of record, if any, as disclosed on the notice of public auction. The motor vehicle interest termination notice shall advise the owner and lienholder of record, if any, that their interest in the motor vehicle, upon its sale, will be terminated pursuant to this chapter, and personal property and items contained in the motor vehicle will be disposed of in a manner determined by the person or entity conducting the sale.
(4) The notice shall include all the information provided in the notice of public auction as well as the owner or other interested party’s appeal rights, pursuant to Sections 32-13-4 and 40-2A-8, to contest the proposed sale of the motor vehicle.
(c)(1) Upon payment of the sales price to a seller who is a bonded agent, pursuant to Section 32-8-34, Section 40-12-398, or Section 40-12-414, the purchaser of the abandoned motor vehicle shall be entitled to, and the person making the sale shall issue, a bill of sale for the abandoned motor vehicle, free and clear of all liens, security interests, and encumbrances, in a form as prescribed by the department. Upon payment of the sales price to a seller who is not a bonded agent, the purchaser of the abandoned motor vehicle shall be entitled to, and the person making the sale shall issue, a bill of sale for the abandoned motor vehicle, in a form as prescribed by the department. In addition, the purchaser shall post a surety bond pursuant to Section 32-8-36 to obtain title for any sale on or after January 1, 2020.
(2) If the purchaser of an abandoned motor vehicle fails to apply for a certificate of title within one calendar year from the date of the sale, the purchaser shall be subject to posting a bond under Section 32-8-36.
(3) Each person who sells a motor vehicle pursuant to this chapter, for three years from the date of the sale, shall maintain all of the following:
a. Copies of the notices sent pursuant to subsection (d) of Section 32-8-84, to the previous motor vehicle owner and lienholder of record, along with evidence that the notices were sent by certified mail.
b. Any associated National Motor Vehicle Title Information System (NMVTIS) records and owner and lienholder records received from any state pursuant to subsection (d) of Section 32-8-84.
c. Any other records as required by the department.
(4) Notwithstanding any other provision in this section, if the person making the sale of the motor vehicle failed to provide proper notices as required in subsection (d) of Section 32-8-84, or this chapter, the sale of the abandoned vehicle shall be void and the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle shall retain their ownership, security interests, liens, and interests in the motor vehicle.
(d)(1) Each purchaser of an abandoned motor vehicle subject to titling shall make an application for a certificate of title unless the motor vehicle is being sold by the purchaser to a licensed automotive dismantler and parts recycler or secondary metals recycler for the purpose of dismantling it or recycling it into metallic scrap for remelting purposes.
(2) A purchaser of an abandoned motor vehicle who sells an abandoned motor vehicle to a licensed automotive dismantler and parts recycler or secondary metals recycler, in lieu of surrendering the certificate of title as prescribed in Section 32-8-87(s)(1), may surrender the bill of sale for the abandoned motor vehicle to the licensed automotive dismantler and parts recycler or secondary metals recycler. The licensed automotive dismantler and metals recycler or secondary parts recycler shall then proceed with the notice of cancellation procedures as prescribed in Section 32-8-87(s)(1) utilizing the bill of sale in lieu of the certificate of title. The bill of sale shall be subject to the same records retention requirements as those prescribed in Section 32-8-87(s)(1) for a certificate of title.
(e)(1) If the current certificate of title to a motor vehicle sold pursuant to this chapter is designated a salvage certificate of title, or if the records of the department indicate an application for a salvage certificate of title has previously been received, the new certificate of title issued by the department shall also be a salvage certificate of title.
(2) The purchaser of a salvage abandoned motor vehicle shall not be permitted to register the vehicle or operate it upon the highways of this state until the vehicle is restored by a licensed rebuilder and inspected by the department as required by Section 32-8-87 and a rebuilt Alabama certificate of title is issued.
(Acts 1971, No. 1154, p. 1999, §3; Acts 1983, No. 83-494, p. 691, §1; Acts 1989, No. 89-758, p. 1534, §3; Act 98-256, p. 423, §1; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1; Act 2015-470, p. 1608, §1; Act 2019-245, §1.)
(a) The current owners, registrants, secured parties, and lienholders of record, if any, of a motor vehicle, prior to the sale, may contest the sale of the motor vehicle pursuant to this chapter by filing a notice of appeal with the circuit court in the county where the sale is scheduled to occur.
(b)(1) If no application for hearing is timely made by the current owners, registrants, secured parties, or lienholders of record, if any, for the motor vehicle, the motor vehicle may be sold at the time and place designated in the notice of sale and any personal property or items contained in the vehicle may be disposed of in a manner determined by the person or entity conducting the sale.
(2) If application for a hearing is timely made by the current owners, registrants, secured parties, or lienholders of record, if any, for the motor vehicle, then all such parties shall be provided notice by the circuit court. The circuit court shall conduct a hearing to determine if the motor vehicle is an abandoned motor vehicle as defined by this chapter and whether proper notices were provided pursuant to subsection (d) of Section 32-8-84 and this chapter. The motor vehicle shall not be sold pending the decision by the circuit court.
(3) If the circuit court judge determines that the motor vehicle was abandoned and that proper notice or notices were issued, the motor vehicle may be sold as an abandoned motor vehicle after notice of the sale as prescribed in Section 32-13-3.
(4) Any contest regarding the sale of an abandoned motor vehicle, after the sale has occurred, shall be filed in the circuit court in the county where the sale occurred. Any contest regarding the reasonable cost of repair, towing, storage, and all reasonable expenses incurred in connection with the sale shall be filed in the circuit court in the county where the sale is scheduled or has occurred.
(Acts 1971, No. 1154, p. 1999, §4; Acts 1983, No. 83-494, p. 691, §1; Acts 1989, No. 89-758, p. 1534, §3; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1; Act 2015-470, p. 1608, §1; Act 2017-441, §1.)
The person making the sale shall have the right to reject any and all bids if the amount bid be unreasonably low, and shall have the right to continue the sale from time to time if no bidders are present.
(Acts 1971, No. 1154, p. 1999, §5.)
A person or entity making the sale of the motor vehicle shall deduct from the proceeds of the sale the reasonable cost of repair, towing, storage, and all reasonable expenses incurred in connection with the sale. The person or entity shall also pay the balance remaining to the license plate issuing official of the county in which the sale is made to be distributed to the general fund of the county, except any Class 2 municipality that owns and operates an impound facility and sells the motor vehicles at public auction, the proceeds from the sale shall be retained by the municipality and deposited into the general fund of the municipality; provided, that the costs shall in no event exceed the customary charges for like services in the community where the sale is made.
(Acts 1971, No. 1154, p. 1999, §6; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1; Act 2015-470, p. 1608, §1; Act 2019-158, §1.)
[Repealed]
Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006.
(Acts 1971, No. 1154, p. 1999, §7.)
This chapter is cumulative and shall not be construed as limiting or restricting any power or authority any municipality may now have or possess under any other provision of law.
(Acts 1971, No. 1154, p. 1999, §8.)
The department shall administer this chapter and may call upon any law enforcement agency and officer of this state for assistance as it may deem necessary in order to ensure enforcement. Law enforcement agencies and officers shall render assistance to the department as requested.
(Act 2015-470, §2.)
(a) A person, with fraudulent intent, may not make a material false statement regarding the sale of an abandoned motor vehicle.
(b) A person in violation of subsection (a) commits a Class C felony.
(c) A person, whether present or absent, who aids, abets, induces, procures, or causes the commission of an act in violation of subsection (a) commits a Class C felony.
(Act 2015-470, §2.)
Act 2015-470, 2015 Regular Session, only applies to the sale of an abandoned motor vehicle for which notice of the sale is published on or after July 1, 2016. A purchaser of an abandoned motor vehicle sold pursuant to this chapter, other than an abandoned motor vehicle sold in accordance with Act 2015-470, 2015 Regular Session, shall make application for certificate of title prior to January 1, 2017, or thereafter make application for certificate of title under Section 32-8-36(2).
(Act 2016-358, §2.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §11.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §6.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §8.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §10; Acts 1996, No. 96-519, p. 666, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §9.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §2.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §3.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §4.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §5.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1967, No. 185, p. 547, §7.)
Whoever, with the intent to defraud, shall rent a motor vehicle, the hire of which is determinable either in whole or in part by the distance such motor vehicle travels, knowing that the odometer or other mechanical device attached to such motor vehicle or any part thereof for the purpose of registering the distance that such motor vehicle travels does not correctly register the distance such motor vehicle travels, or who shall knowingly deceive any person or persons hiring any motor vehicle as to the distance such motor vehicle has traveled during the period of hiring and shall make a charge for the use thereof, based either in whole or in part upon such deception, shall, upon conviction, be guilty of a misdemeanor and subject to imprisonment in the county jail for a period of not less than 30 days nor more than 12 months, or be fined not less than $50.00 nor more than $200.00, or be both fined and imprisoned.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §96.)
Whoever rents a motor vehicle to any person to operate upon any public highway or street, knowing that such person is in an intoxicated condition or under the influence of drugs, shall, upon conviction, be guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a period of not less than 30 days nor more than 12 months, or shall be fined not less than $25.00 nor more than $100.00, or shall be both fined and imprisoned.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §97.)
Whoever, after hiring a motor vehicle from any person or persons under an agreement to pay for the use of such motor vehicle a sum of money determinable either in whole or in part upon the distance such motor vehicle travels during the period for which hired, shall, with the intent to deceive the person or persons letting such motor vehicle or such person’s or persons’ lawful agent as to the actual distance such motor vehicle traveled during the period for which let, remove or attempt to remove, tamper with or attempt to tamper with, or in any other wise interfere with any odometer or other mechanical device attached to said hired motor vehicle for the purpose of registering the distance such motor vehicle travels, or who shall knowingly aid, abet, or assist another in so doing, or shall remove or attempt to remove from such motor vehicle any part thereof upon which is attached such odometer or such other mechanical device, shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than 12 months nor less than 30 days or shall be fined not more than $200.00 nor less than $50.00 or shall be both fined and imprisoned. Any person violating this section may be punished in the county where such motor vehicle is hired or in the county where such odometer or such other mechanical device is removed or attempted to be removed, or tampered with or attempted to be tampered with, or in any other wise interfered with, or in the county where such person knowingly aid, abet, or assist another in violating the provisions of this section, or in the county where any part of such motor vehicle upon which is attached such odometer or such other mechanical device is removed or attempted to be removed.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §98.)
Whoever, with the intent to deprive or defraud the owner of any motor vehicle, or the person in lawful possession thereof, out of the temporary use, benefit, or enjoyment of such motor vehicle, shall obtain the custody of such motor vehicle from the owner thereof, or from such owner’s agent, or from any person in lawful possession thereof by some trick or fraudulent or false representation, or any false token or writing, or false personation of another, shall, upon conviction, be deemed guilty of a Class C felony and shall be punished with imprisonment in a state penitentiary for not more than 10 years nor less than one year and one day, or shall be fined not more than $5,000.00 or shall be both fined and imprisoned.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §99; Acts 1983, No. 83-564, p. 865, §1.)
Whoever, with intent to defraud the owner of any motor vehicle or any person in lawful possession thereof, hires from such owner, or such owner’s agents, or any person in lawful possession thereof, any motor vehicle shall, upon conviction, be deemed guilty of a Class C felony and shall be punished by imprisonment in a state penitentiary for not more than 10 years nor less than one year and one day, or shall be fined not more than $5,000.00, or shall be both fined and imprisoned. The refusal to pay the hire of such motor vehicle or absconding without paying or offering to pay such hire shall be prima facie evidence of such fraudulent intent.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §100; Acts 1983, No. 83-564, p. 865, §1.)
Any person who, after hiring, leasing or renting a motor vehicle under an agreement in writing, which provides for return of said vehicle to a particular place, or at a particular time, shall abandon such vehicle, or secrete, convert, sell or attempt to sell the same or any part thereof, or who shall fail to return the vehicle to said place within the time specified, and is thereafter personally served with a written demand, or upon whom written demand is thereafter made by registered mail, to return said vehicle to the place specified in the written agreement within 48 hours from the time of the personal service or service by registered mail of such demand, and who fails, except for causes beyond his control to return said vehicle to the lessor within said period, is guilty of a Class C felony and shall be punished by imprisonment for not more than 10 years or less than one year and one day in a state penitentiary, or shall be fined not more than $5,000.00, or shall be both fined and imprisoned. Service by registered mail shall be deemed to be complete upon deposit in the United States mail of such demand securely wrapped, postpaid and addressed to such person at the address for such person set forth in the written agreement for the hire or use thereof or in the absence of such address to such person’s last known place of residence.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §101; Acts 1983, No. 83-564, p. 865, §1.)
Whoever embezzles or fraudulently converts to his own use or secretes, with intent to embezzle or fraudulently convert to his own use, any motor vehicle delivered to him, which may be the subject of larceny or any part thereof, shall be deemed guilty of a Class C felony and shall be punished by imprisonment for not more than 10 years or less than one year and one day in a state penitentiary, or shall be fined not more than $5,000.00, or shall be both fined and imprisoned.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §102; Acts 1983, No. 83-564, p. 865, §1.)
Whoever, after hiring a motor vehicle under an agreement not to permit another to operate or drive same, shall, without first securing the consent of the renter thereto, or the renter’s duly authorized agent, permit another to operate or drive same shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than six months or shall be fined not more than $200.00, or shall be both fined and imprisoned.
(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §103.)
This chapter shall be known and may be cited as the Peer-to-Peer Car Sharing Program Act.
(Act 2026-111, §1.)
As used in this chapter, the following words have the following meanings:
(1) CAR SHARING DELIVERY PERIOD. The period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing peer-to-peer car sharing program agreement.
(2) CAR SHARING PERIOD. The period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and, in either case, ends at the car sharing termination time.
(3) CAR SHARING START TIME. The time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin, as documented in the records of a peer-to-peer car sharing program.
(4) CAR SHARING TERMINATION TIME. The earliest of the following events:
a. The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car sharing program agreement, if the shared vehicle is delivered to the agreed upon location in the agreement.
b. When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and the shared vehicle driver as communicated through a peer-to-peer car sharing program, if the alternatively agreed upon location is incorporated into the peer-to-peer car sharing program agreement.
c. When the shared vehicle owner, or the shared vehicle owner’s authorized designee, takes possession and control of the shared vehicle.
(5) PEER-TO-PEER CAR SHARING. The authorized use of a vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program. The term does not include any of the following:
a. A rental or leasing transaction of tangible personal property which is subject to Article 4 of Chapter 12 of Title 40, except as provided by Section 40-12-222(a)(2)b.1.
b. Hiring, leasing, or renting a motor vehicle under a rental agreement governed by Section 32-15-6.
(6) PEER-TO-PEER CAR SHARING PROGRAM. A business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. The term does not include any of the following:
a. A person engaging or continuing within this state in the business of leasing or renting any automotive vehicle or truck trailer, semitrailer, or house trailer which is subject to Article 4 of Chapter 12 of Title 40.
b. A person facilitating a rental transaction of tangible personal property which is subject to Article 4 of Chapter 12 of Title 40, except as provided by Section 40-12-222(a)(2)b.1.
c. A motor vehicle rental company licensed pursuant to Section 27-7-5.1.
d. A person facilitating rental transactions as described in Section 40-2-11(a)(7)c.
(7) PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT. The terms and conditions applicable to a shared vehicle owner and a shared vehicle driver which govern the use of a shared vehicle through a peer-to-peer car sharing program. The term does not include any of the following:
a. A motor vehicle rental agreement governed by Section 32-15-6.
b. A rental agreement with a motor vehicle rental company licensed pursuant to Section 27-7-5.1.
(8) SHARED VEHICLE. A vehicle that is available for sharing through a peer-to-peer car sharing program. The term does not include an automotive vehicle or a truck trailer, semitrailer, or house trailer that is subject to Article 4 of Chapter 12 of Title 40, except as provided by Section 40-12-222(a)(2)b.1.
(9) SHARED VEHICLE DRIVER. An individual who has been authorized to drive a shared vehicle by the shared vehicle owner under a peer-to-peer car sharing program agreement. The term does not include a person hiring, leasing, or renting a motor vehicle under a rental agreement with a motor vehicle rental company licensed pursuant to Section 27-7-5.1 or under a rental agreement governed by Section 32-15-6.
(10) SHARED VEHICLE OWNER. The registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. The term does not include any of the following:
a. A lessor that is subject to Article 4 of Chapter 12 of Title 40, except as provided by Section 40-12-222(a)(2)b.1.
b. A motor vehicle rental company licensed pursuant to Section 27-7-5.1.
(Act 2026-111, §2.)
(a) Except as provided in subsection (b), a peer-to-peer car sharing program shall assume liability of a shared vehicle owner for bodily injury or property damage to third parties during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement. The amount shall not be less than the proof of financial responsibility required under Chapter 7 of Title 32.
(b) Notwithstanding the definition of “car sharing termination time,” the assumption of liability under subsection (a) does not apply to any shared vehicle owner under either of the following circumstances:
(1) When a shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.
(2) When a shared vehicle owner acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the peer-to-peer car sharing program agreement.
(c) Notwithstanding the definition of “car sharing termination time,” the assumption of liability under subsection (a) applies to bodily injury or property damage to third parties as required under Chapter 7 of Title 32.
(d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that does all of the following:
(1) Provides insurance coverage in amounts no less than the minimum amounts required for proof of financial responsibility described under Section 32-7-2.
(2) Does either of the following:
a. Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program.
b. Does not exclude the use of a shared vehicle by a shared vehicle driver.
(e) The insurance required under subsection (d) may be purchased by any of the following:
(1) A shared vehicle owner.
(2) A shared vehicle driver.
(3) A peer-to-peer car sharing program.
(4) Any combination of a shared vehicle owner, a shared vehicle driver, or a peer-to-peer car sharing program.
(f) The insurance described in subsection (e), which is satisfying the requirement of subsection (d), shall be primary during each car sharing period. If a claim occurs in another state with minimum financial responsibility limits higher than those described in Section 32-7-2, during the car sharing period, the insurance maintained under subsection (e) shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
(g) The insurer, insurers, or peer-to-peer car sharing program providing coverage under subsection (d) or (e) shall assume primary liability for a claim when either of the following occurs:
(1) A dispute exists as to who was in control of the shared vehicle at the time of the loss and the peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by Section 32-15A-6.
(2) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under Section 32-15A-2(4)b.
(h) If insurance purchased by a shared vehicle owner or shared vehicle driver pursuant to subsection (e) has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by subsection (d) beginning with the first dollar of a claim and shall have the duty to defend the claim except under circumstances as set forth in subsection (b).
(i) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program may not be dependent on another automobile insurer first denying a claim and may not require another automobile insurance policy to first deny a claim.
(j) Nothing in this section does either of the following:
(1) Limits the liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program which results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.
(2) Limits the ability of the peer-to-peer car sharing program to seek indemnification, by contract, from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the peer-to-peer car sharing program agreement.
(Act 2026-111, §3.)
When the owner of a vehicle registers as a shared vehicle owner on a peer-to-peer car sharing program, and before the owner makes a vehicle available for peer-to-peer car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the owner that, if the vehicle has a lien against the vehicle, the use of the vehicle through the peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
(Act 2026-111, §4.)
(a) An authorized insurer that underwrites motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle liability insurance policy, including, but not limited to, all of the following:
(1) Liability coverage for bodily injury and property damage.
(2) Personal injury protection coverage.
(3) Uninsured and underinsured motorist coverage.
(4) Medical payments coverage.
(5) Comprehensive physical damage coverage.
(6) Collision physical damage coverage.
(b) Nothing in this chapter invalidates, limits, or restricts any of the following:
(1) An exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use, which excludes coverage for motor vehicles made available for rent, sharing, hire, or for any business use.
(2) An insurer’s ability under existing law to underwrite any insurance policy.
(3) An insurer’s ability under existing law to cancel and nonrenew policies.
(Act 2026-111, §5.)
(a) A peer-to-peer car sharing program shall collect and verify records pertaining to the use of all shared vehicles used in a peer-to-peer car sharing program, including, but not limited to, all of the following:
(1) The number of times the shared vehicle is used.
(2) Car sharing period pick-up and drop-off locations.
(3) Fees paid by the shared vehicle driver.
(4) Revenues received by the shared vehicle owner.
(b) To facilitate a claim coverage investigation, settlement, negotiation, or litigation, the peer-to-peer car sharing program, upon request, shall provide the records collected under subsection (a) to the shared vehicle owner, the shared vehicle owner’s insurer, or the shared vehicle driver’s insurer.
(c) The peer-to-peer car sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.
(Act 2026-111, §6.)
A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability, consistent with 49 U.S.C. § 30106, under any state or local law that imposes liability solely based on vehicle ownership.
(Act 2026-111, §7.)
A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle which is excluded under the terms of its policy shall have the right to seek contribution from the motor vehicle insurer of the peer-to-peer car sharing program if the claim is both of the following:
(1) Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.
(2) Excluded under the terms of its policy.
(Act 2026-111, §8.)
(a) Notwithstanding any law to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period.
(b) A peer-to-peer car sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance which provide coverage for any of the following:
(1) Liabilities assumed by the peer-to-peer car sharing program under a peer-to-peer car sharing program agreement.
(2) Any liability of the shared vehicle owner.
(3) Damage or loss to the shared motor vehicle.
(4) Any liability of the shared vehicle driver.
(Act 2026-111, §9.)
Each peer-to-peer car sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:
(1) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the peer-to-peer car sharing program agreement.
(2) That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.
(3) That the peer-to-peer car sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage.
(4) The daily rate, fees, and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver.
(5) That the shared vehicle owner’s motor vehicle liability insurance may not provide coverage for a shared vehicle, including as a commercial rental.
(6) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries.
(7) Whether there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.
(8) The tire requirements for motor vehicles operated on the highways of the state under Section 32-5-210.
(Act 2026-111, §10.)
(a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing program agreement with an individual who will operate a shared vehicle unless the individual meets any of the following requirements:
(1) Is 18 years of age or older and holds a driver license issued under Section 32-6-1, which authorizes him or her to operate vehicles of the class of the shared vehicle.
(2) Is a nonresident who meets both of the following requirements:
a. Has a driver license issued by the state or country of his or her residence which authorizes him or her to drive vehicles of the class of the shared vehicle.
b. Is 18 years of age or older.
(3) Is 18 years of age or older and is specifically authorized by Section 32-6-2 to drive vehicles of the class of the shared vehicle.
(b) A peer-to-peer car sharing program shall keep a record of all of the following:
(1) The name and address of the shared vehicle driver.
(2) A copy of the driver license of the shared vehicle driver and each other individual, if any, who will operate the shared vehicle.
(3) The place of issuance of the driver license.
(Act 2026-111, §11.)
(a) A peer-to-peer car sharing program shall have sole responsibility for any equipment, including a Global Positioning System or other special equipment, that is placed in or on the shared vehicle to monitor or facilitate the car sharing transaction.
(b) A peer-to-peer car sharing program shall indemnify and hold harmless the shared vehicle owner for any damage to or theft of such equipment during the car sharing period not caused by the shared vehicle owner.
(c) A peer-to-peer car sharing program may seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the car sharing period.
(Act 2026-111, §12.)
(a) When a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program, and before a shared vehicle owner makes a shared vehicle available for peer-to-peer car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall do both of the following:
(1) Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made.
(2) Notify the shared vehicle owner of the requirements under subsection (b).
(b)(1) If a shared vehicle owner has received an actual notice of a safety recall on a shared vehicle, the shared vehicle owner may not make the vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.
(2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, the shared vehicle owner shall change the status of the vehicle to unavailable as soon as practicably possible. The shared vehicle may not be listed as available until the safety recall repair has been made.
(3) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is in the possession of a shared vehicle driver and engaged in peer-to-peer car sharing during a car sharing period, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall as soon as practicably possible after receiving the notice of the safety recall. The shared vehicle may not be listed as available until the safety recall repair has been made.
(Act 2026-111, §13.)
(a) Nothing in this chapter shall expand or restrict in any manner the respective rights, obligations, or limitations of motor vehicle manufacturers and licensed new motor vehicle dealers as set forth in Chapter 20 of Title 8.
(b) Nothing in this chapter limits the right of an airport authority to regulate and impose fees on peer-to-peer car sharing programs that enable peer-to-peer car sharing at an airport.
(Act 2026-111, §14.)
The terms “dealer” and “vendor” as used in this chapter shall be construed to include every individual, partnership, corporation or association whose business in whole or in part is that of selling new or used motor vehicles and likewise shall be construed to include every agent, representative or consignee of any such dealer as defined above, as fully as if the same had been herein expressly set out; except, that no agent, representative or consignee of such dealer or vendor shall be required to make and file the bond if such dealer or vendor for whom such agent, representative or consignee acts shall have fully complied with all of the provisions of this chapter.
(Acts 1936-37, Ex. Sess., No. 220, p. 263; Code 1940, T. 36, §104.)
Every dealer in used or secondhand motor vehicles who is a nonresident of the State of Alabama, or who does not have a permanent place of business in the State of Alabama, and any person, firm or corporation who brings any used or secondhand motor vehicle into the State of Alabama for purposes of sale or resale, except as a trade-in on a new motor vehicle, or another used car, shall, within 10 days from date of entering of said used or secondhand motor vehicle into the State of Alabama, register such motor vehicle with the probate judge of the county in which said secondhand or used motor vehicle is brought, on a form to be provided by the probate judge, and shall, before said used or secondhand car is put on a used car lot for sale, or offered for sale, or sold, execute bond with two good and sufficient sureties or with a surety company duly authorized to do business in the State of Alabama as surety or sureties thereon, payable to the said probate judge for the use or benefit of the purchaser and his vendees, conditioned to pay all loss, damages and expenses that may be sustained by the purchaser or vendees, that may be occasioned by reason of any fraudulent misrepresentations or breaches of warranty as to freedom from liens, quality, condition, use or value of said motor vehicle being so sold. Said bond shall be in the full amount of the sale price of such secondhand or used motor vehicle, but in no event to exceed the sum of $1,000.00, and such bond shall be filed with the probate judge of the county in which such sale is made by the vendor, and such bond shall be approved by said probate judge as to the amount thereof and as to the solvency of the surety or sureties thereon, for which services the vendor shall pay a fee of $1.00 as registration and recording, which said sum shall be held and disposed of as other registration and recording fees are now held and disposed of by him; and the said vendor shall pay over to the probate judge at the time of the registration of said bond the further sum of $5.00, which said sum shall be by the probate judge paid over to the county treasury of the respective counties, less a fee of $.50 to be retained by the probate judge to the credit of county school funds, the same to be distributed and disposed of as provided by law.
(Acts 1936-37, Ex. Sess., No. 220, p. 263; Code 1940, T. 36, §105.)
No action nor the right of action to recover any such secondhand or used motor vehicle, nor any part of the selling price thereof, shall be maintained in the courts of this state by any such dealer or vendor, his successors or assigns, when such vendor or dealer shall have failed to comply with the terms and provisions of this chapter.
(Acts 1936-37, Ex. Sess., No. 220, p. 263; Code 1940, T. 36, §106.)
Any vendor or dealer in used or secondhand motor vehicles who shall violate or fail to observe any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction for such violation, shall be punished by a fine of not less than $100.00 nor more than $500.00, and/or by imprisonment for not less than 30 days nor more than six months. The Director of Public Safety and his subordinate officers are hereby authorized and required to enforce, and are charged with the duty of enforcing, the provisions of this chapter.
(Acts 1936-37, Ex. Sess., No. 220, p. 263; Acts 1939, No. 621, p. 988, §1; Code 1940, T. 36, §107.)
No manufacturer of motor vehicles, distributor, distributor branch or factory branch or officer, agent or other representative thereof shall fail to compensate adequately and fairly its dealer or representative for labor, parts or expenses incurred by the dealer or representative with regard to factory warranty agreements performed by the dealer or representative. In no event shall said manufacturer of motor vehicles, distributor, distributor branch or factory branch pay to its dealer or representative a labor rate per hour for warranty work less than that charged by said dealer or representative to its retail customer. Conversely, no franchised dealer or representative shall charge its manufacturer, distributor, distributor branch or factory branch a labor rate per hour in excess of the rate charged its retail customers.
(Acts 1971, No. 2053, p. 3304, §1.)
Any manufacturer of motor vehicles, distributor, distributor branch or factory branch or officer, agent or other representative thereof, or any dealer or representative of the same, who shall violate any provision of this chapter shall be guilty of a misdemeanor and shall be fined a sum not less than $10.00 nor more than $500.00 for each such violation.
(Acts 1971, No. 2053, p. 3304, §2.)
As used in this chapter, the following words and phrases shall have the following meanings respectively ascribed to them, unless the context clearly indicates otherwise:
(1) AFTERMARKET CRASH PART. A replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
(2) INSTALLER. An individual who performs the work of replacing or repairing parts of a motor vehicle.
(3) INSURER. Includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person’s authority.
(4) NONORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET CRASH PART. An aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her supplier.
(5) REPAIR FACILITY. A motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
(Acts 1989, No. 89-662, p. 1315, §1.)
Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1990, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer’s logo, identification number, or name shall be visible after installation whenever practicable.
(Acts 1989, No. 89-662, p. 1315, §2.)
In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer and repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than 10 point type:
THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.
(Acts 1989, No. 89-662, p. 1315, §3.)
For the purposes of this chapter, the following terms shall have the meanings indicated:
(1) PERSON. Every natural person, firm, copartnership, association, or corporation.
(2) OPERATOR. Every person who is in actual physical control of a motor vehicle upon a street, alley, or thoroughfare.
(3) MOTOR VEHICLE. Any vehicle propelled by any power other than muscular power, including traction engines, tractor cranes, power shovels, road building machines, road rollers, road sweepers, and sand spreaders, which are self-propelled; and trailers, semitrailers, and motorcycles. This definition shall not include traction engines, tractor cranes, power shovels, road building machines, road rollers, road sweepers, and sand spreaders which are not self-propelled; or tractors used exclusively for agricultural purposes, well drillers, electric trucks with small wheels used in factories, warehouses, and railroad stations and operated principally on private property and such vehicles as run only upon rails or tracks; or motor vehicles to the extent of five or more owned by any person having testing equipment and facilities meeting the requirements of the city; or motor vehicles engaged in the business of carrying and transporting passengers or property and subject to the supervision and regulation of the Alabama Public Service Commission.
(4) OWNER. A person who holds the legal title to a motor vehicle, or, in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a motor vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
(Acts 1943, No. 542, p. 522, §1.)
Any city shall have the power to acquire, establish, erect, equip, operate, and maintain motor vehicle testing stations therein, to pay for the same out of the proceeds of the collection of fees charged for testing motor vehicles, and to make rules and regulations for the purpose of carrying out the provisions of any ordinance adopted under the terms of this chapter. Such city may also designate privately operated stations as official inspecting stations on which such city shall by agreement with the owners or operators of such stations impose the power and authority to conduct such inspections in lieu of or in addition to the stations operated by such city and in accordance with the terms of this chapter and any ordinance adopted under its provisions.
(Acts 1943, No. 542, p. 522, §2.)
Such city shall have the power to fix the amount of fees, not exceeding $1.00 per test and not more than $2.00 per annum, for the inspection of any motor vehicle for any and all defects prohibited by law upon and for every restriction and requirement imposed by law with respect to the equipment and maintenance of any such motor vehicle operated upon the streets, alleys, or highways of such city. In addition to inspections required by ordinance, any owner or operator may have his motor vehicle inspected as often as he or she may reasonably desire, between such inspection periods as may be fixed by such city. Such city shall have additional power to set aside all fees so collected by it in a separate fund out of which all costs and expenses in connection with or growing out of the construction, establishment, equipment, operation, and maintenance of such stations by it shall be paid. Any surplus remaining in such fund shall be paid into a fund for traffic regulation and enforcement.
(Acts 1943, No. 542, p. 522, §3; Acts 1963, No. 550, p. 1169, §1.)
The right to use the streets, alleys, and highways of any city enacting any such ordinance shall be dependent upon compliance with the terms of such ordinance and with the laws of the state relating to motor vehicles and the parking or use thereof on the streets, alleys, or highways of such city.
(Acts 1943, No. 542, p. 522, §4.)
The Director of Public Safety of Alabama shall approve the shape, size, color, and inscription of a sticker to be placed by any such city so operating or in which are operated motor vehicle testing stations hereunder upon the windshield of any motor vehicle so passing the tests herein provided. No such certificate shall be issued or attached to any motor vehicle until and unless such vehicle shall, upon such inspection, be found to comply with the terms and conditions and requirements imposed by law and the ordinance adopted under this chapter. The director shall also have supervision and control over the type of tests and the facilities therefor in any such motor vehicle testing station, and any such city desiring to establish any such station or to designate any privately owned station shall first procure the approval of such tests and facilities by the Director of Public Safety.
(Acts 1943, No. 542, p. 522, §5.)
Any such city shall have additional powers to pay for any such testing station or stations operated by it and for the equipment, maintenance, and operation thereof out of past or future earnings of such station or stations or out of the general fund.
(Acts 1943, No. 542, p. 522, §6.)
Any such city may provide for the inspection of motor vehicles operated upon the streets, alleys, or highways thereof when owned or operated by residents or by persons who maintain a place of business in any such city where so operated.
(Acts 1943, No. 542, p. 522, §7; Acts 1963, No. 550, p. 1169, §2.)
Any such city shall have the power to enforce such ordinance by fine, not exceeding $100.00, or imprisonment, not exceeding six months, or both. Each day’s violation of such ordinance shall constitute a separate offense. Such fine or imprisonment may be imposed upon either the owner or operator of any such motor vehicle. Such city shall have authority also to seize and impound any motor vehicle which has not been inspected in accordance with the terms of such ordinance and to hold the same until inspection is made as provided by such ordinance. Any expense incurred in the seizure and impounding of such motor vehicle, together with any storage fees, shall be a first lien on the same; and the city shall have authority to enforce such lien as provided by law.
(Acts 1943, No. 542, p. 522, §8.)
(a) Nothing in this title or in Alabama law shall be construed to limit the operation of an electric personal assistive mobility device on public highways, sidewalks, and bike ways of this state except that a person operating an electric personal assistive mobility device shall obey all speed limits and shall yield the right-of-way to pedestrians and human powered devices at all times. An operator shall also give an audible signal before overtaking and passing any pedestrian.
(b) An electric personal assistive mobility device shall not require a license plate or be registered by the Department of Revenue.
(c) An electric personal assistive mobility device may be operated at night provided that the operator wears reflectors and a headlight.
(d) Municipalities may prohibit the operation of an electric personal assistive mobility device on public highways where the speed limit is greater than 25 miles per hour, but shall not otherwise restrict the operation of an electric personal assistive mobility device.
(Act 2003-342, p. 851, §2.)
(a) A shared micromobility device system may not operate or deploy shared micromobility devices on the public highways or bikeways of the state without first obtaining authorization or permission from the applicable county or municipality in which the shared micromobility device system will be operated.
(b) Every person riding a shared micromobility device shall be granted all of the rights and shall be subject to all of the duties applicable to the rider of a bicycle in this title, except as to specific provisions in this section and except as to those specific provisions in this title which by their nature can have no application.
(c) A person may not park a shared micromobility device on a sidewalk in a manner that impedes the normal or reasonable movement of pedestrian or other traffic or in violation of county or municipal parking regulations.
(d) A shared micromobility device is not a motor vehicle and is not subject to the provisions of this title relating to insurance, license plates, registration, operator’s licenses, or certificates of title.
(e) A shared micromobility device shall be labeled with visible language identifying its use in a shared micromobility device system.
(f) The owner or operator of a shared micromobility device system shall procure and keep in full force a commercial liability insurance policy with minimum limits of one million dollars ($1,000,000) per occurrence, insuring against bodily injury, including death, and property damage caused by the negligence or wantonness of the owner or operator of a shared micromobility device system.
(g) Counties and municipalities may regulate the operation of shared micromobility devices. The authorization or permission from the applicable county or municipality may be conditioned on certain requirements, including, but not limited to:
(1) Minimum insurance requirements that may be in addition to the mandatory insurance requirements under subsection (f).
(2) Age requirements of users.
(3) Safety rules and maintenance requirements.
(4) Such other requirements as the county or municipality deems advisable.
(Act 2019-437, §2.)
This chapter may be cited as the Alabama Manufactured Home Certificate of Title Act.
(Act 2009-746, p. 2236, §4.)
For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) DEALER. A person licensed by the Alabama Manufactured Housing Commission as a manufactured home retailer and engaged regularly in the business of buying, selling, or exchanging manufactured homes in this state, and having an established place of business.
(2) DEPARTMENT. The Department of Revenue of this state.
(3) DESIGNATED AGENT. Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, unless otherwise provided by law, who may perform his or her duties under this chapter personally or through his or her deputies, or such other persons located in this state, as the department may designate. The term shall also mean those dealers as herein defined who are appointed by the department as provided in Section 32-20-22 to perform the duties of designated agent for the purposes of this chapter. The dealers may perform their duties under this chapter either personally or through any of their officers or employees.
(4) LIEN. An encumbrance upon a manufactured home as security for payment of a debt.
(5) LIENHOLDER. Any person, firm, copartnership, association, or corporation holding a lien as herein defined on a manufactured home.
(6) MANUFACTURER. Any person regularly engaged in the business of manufacturing, constructing, or assembling manufactured homes, either within or without this state.
(7) MANUFACTURED HOME. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 and as amended by the Manufactured Housing Improvement Act of 2000, Title VI 42 U.S. Code, Section 603(6). Manufactured home means a structure, transportable in one or more sections, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, including the plumbing, heating, air conditioning, and electrical systems. It may be used as a place of residence, business, profession, trade, or for any other purpose, by the owner, lessee, or assigns and may consist of one or more units that can be attached or joined together. A manufactured home bears a HUD Seal affixed to the rear of the home.
(8) MANUFACTURED HOME IDENTIFICATION NUMBER. The numbers and letters on a manufactured home designated by the manufacturer or assigned by the department for the purpose of identifying the manufactured home.
(9) MODULAR HOME. A factory built home consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears an insignia that indicates compliance with the codes and requirements established by the Alabama Manufactured Housing Commission which are in accordance with the International Residential Building Code.
(10) NEW MANUFACTURED HOME. A manufactured home that has never been the subject of a first sale for use and includes a manufactured home delivered to a customer that was subsequently returned to the dealer without a certificate of title being issued on the manufactured home.
(11) OWNER. A person, other than a lienholder, having the property in or title to a manufactured home. The term includes a person entitled to the use and possession of a manufactured home subject to a security interest in another person, but excludes a lessee under a lease not intended as security. Under any lease-purchase or installment sales agreement where a governmental agency, either city, county, or state, is the lessee or purchaser with a security interest or right to purchase, the lessee or purchaser shall be the owner for purposes of this chapter.
(12) PERMANENTLY AFFIXED. A manufactured home installed in accordance with the manufacturer’s specifications as required by state law on the owner’s land and taxed as real property.
(13) PERSON. The term shall include every natural person, firm, copartnership, association, or corporation.
(14) RESIDENT ADDRESS. The address in Alabama where the manufactured home is physically located.
(15) SECURITY AGREEMENT. A written agreement that reserves or creates a security interest.
(16) SECURITY INTEREST. An interest in a manufactured home reserved or created by agreement and which secures payment or performance of an obligation.
(17) STATE. A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
(18) USED MANUFACTURED HOME. A manufactured home that has been the subject of a first sale for use, whether within this state or elsewhere.
(Act 2009-746, p. 2236, §4.)
(a) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this chapter.
(b) The department may do any of the following:
(1) Make necessary investigations to procure information required to carry out this chapter.
(2) Adopt and enforce reasonable rules to carry out this chapter, including rules that allow alternative methods of proof of satisfaction of liens.
(3) Assign a new identification number to a manufactured home if it has none, or its identification number is destroyed or obliterated, and shall issue a new certificate of title showing the new identification number.
(4) Revoke the authority of a dealer or other person appointed by the department to act as a designated agent under this chapter when the department finds that the dealer or other person has failed to faithfully perform his or her duties under this chapter or has been convicted of violating any felony provisions of this chapter or of Title 40.
(c) The department, in accordance with applicable privacy and confidentially statutes, rules, and regulations, may make available information concerning the status of a title on any manufactured home as reflected by the records in a manner prescribed by the department. The information supplied by the department shall be considered official only if in writing. The department shall charge the fees set forth in Section 32-20-4; provided, that no fee shall be charged to Alabama law enforcement agencies or law enforcement agencies of any other state when the state furnishes like or similar information without charge to the department or to Alabama law enforcement agencies.
(d) Whenever this chapter provides that a written certificate or other document is to be filed with the department, the commissioner may establish procedures for and accept in lieu of the paper document a filing made by electronic means and may waive notarization requirements as otherwise required by this chapter. The department may also establish procedures for the electronic transfer of title and the recording and release of security interests. A filing or transfer by electronic means shall be accepted only if the content of the filing satisfies all of the requirements of this chapter.
(e) The Department of Revenue may adopt rules for the implementation and administration of Act 2021-171.
(Act 2009-746, p. 2236, §4; Act 2021-171, §§2, 3.)
(a) There shall be paid to the department for issuing and processing documents required by this chapter a fee of fifteen dollars ($15) for each unit of a manufactured home required to be titled under Section 32-20-20 for the following transactions:
(1) Each application for certificate of title.
(2) Each application for replacement or corrected certificate of title.
(3) Each application for certificate of title after transfer.
(4) Each notice of security interest.
(5) Each assignment by lienholder.
(6) Each application for cancellation of a certificate of origin or certificate of title.
(7) Each application for information as to the status of the title of a manufactured home. Such information shall be treated in the same manner as prescribed by state and federal statutes, rules, and regulations regarding the confidentiality and disclosure of motor vehicle records.
(b) The designated agents shall add the sum of one dollar fifty cents ($1.50) for each transaction, as specified in subsection (a), processed for which this fee is charged to be retained as the agent’s commission for services rendered, and all other fees collected shall be remitted to the department in a manner prescribed by the department.
(c) If more than one transaction is involved in any application on a single manufactured home and if supported by all required documents, the fee charged by the department and by the designated agent for processing and issuing shall be considered as only one transaction for which the designated agent shall receive and retain one dollar fifty cents ($1.50) and shall collect and remit to the department fifteen dollars ($15).
(d) A fee of five dollars ($5) shall be added for each transaction, as specified in subdivisions (1), (3), and (6) of subsection (a), for each unit of a manufactured home required to be titled under Section 32-20-20, to be distributed to the nonprofit 501(c)(3) foundation known as the Alabama Housing Foundation.
(e) Every transaction shall be accompanied by the fee specified in this chapter, regardless of whether the title is issued electronically or not, unless specifically exempted by this chapter.
(Act 2009-746, p. 2236, §4; Act 2019-239, §1.)
(a) The judge of probate or other county official who is authorized and required by law to process applications for certificates of title by this chapter may collect and retain a one dollar and fifty cent ($1.50) commission fee for each application processed in addition to the one dollar and fifty cent ($1.50) designated agent commission fee to further defray the cost of processing and mailing of title application and supporting documents.
(b) When an application is not processed through a designated agent, the department may collect and retain a commission for each application processed by the department to defray the cost associated with processing and supporting electronic title applications and payments. The commission amount shall be the same as the commissions provided for designated agents and, in addition to all other appropriations, shall be continuously appropriated to the department.
(Act 2009-746, p. 2236, §4; Act 2021-171, §2.)
(a) Any sheriff, deputy sheriff, policeman of an incorporated municipality, or duly authorized representative of the Department of Public Safety or Department of Revenue of this state may enter into the premises of any manufactured home dealer licensed therefore by the State of Alabama or any political subdivision thereof and inspect the identification numbers of all manufactured homes or parts thereof contained on the premises, at any time of the day or night in order to enforce the provisions of this chapter.
(b) Any sheriff, deputy sheriff, policeman of an incorporated municipality, or duly authorized commissioned law enforcement officer of the Department of Public Safety or the Department of Revenue of this state shall have the power to serve and execute any and all search warrants obtained in accordance with law for the purposes of the provisions of this chapter.
(c) Interference by any person with proper inspection by lawful officers as authorized by this section is a misdemeanor.
(Act 2009-746, p. 2236, §4.)
The department shall provide each designated agent with a supply of forms, rules, and regulations provided for in this chapter. Such forms, rules, and regulations at the discretion of the department shall be provided in an electronic format.
(Act 2009-746, p. 2236, §4.)
The department is charged with the enforcement of the provisions of this chapter and may call upon any and all law enforcement agencies and officers of this state for such assistance as it deems necessary in order to assure such enforcement and it shall be the duty of such law enforcement agencies and officers to render such assistance to the department when called upon by it to do so.
(Act 2009-746, p. 2236, §4.)
A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act which if done directly by him or her, would be a felony or a misdemeanor under a provision of this chapter, is guilty of the same felony or misdemeanor.
(Act 2009-746, p. 2236, §4.)
A person is guilty of a Class C felony who, with fraudulent intent does any of the following:
(1) Alters, forges, or counterfeits a certificate of title.
(2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the department prescribes.
(3) Has possession of or uses a certificate of title, knowing it has been altered, forged, or counterfeited.
(4) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title.
(Act 2009-746, p. 2236, §4.)
A person is guilty of a Class B misdemeanor who does any of the following:
(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title.
(2) Willfully fails to mail or deliver a certificate of title or application therefore to the department within 10 days after the time required by this chapter.
(3) Willfully fails to deliver to his or her transferee a certificate of title within 10 days after the time required by this chapter.
(4) Knowingly and willfully commits a fraud in any application or a title.
(5) Willfully violates any other provision of this chapter, except as otherwise provided in this chapter.
(Act 2009-746, p. 2236, §4.)
(a) Except as provided in Section 32-20-21 or subsection (b), every owner of a manufactured home which is in this state and for which no certificate of title has been issued by the department, shall make application to a designated agent as herein defined for a certificate of title to the manufactured home, or to each unit thereof if the manufactured home consists of more than one unit.
(b) If a manufactured home subject to titling under this section is permanently affixed to a parcel of real property and the ownership of the manufactured home and real property is identical, the original retail purchaser or lienholder for the original retail purchaser as recorded on the certificate of origin or the titled owner or owners lienholder recorded on the certificate of title may apply for a cancellation of a certificate of origin or certificate of title through a designated agent and obtain from the Alabama Department of Revenue a certificate of cancellation of the certificate of origin or cancellation of the certificate of title to the manufactured home by delivering to the department all of the following:
(1) The certificate of origin or certificate of title to the manufactured home, or each separate certificate of origin or certificate of title if the manufactured home consists of more than one unit or, in lieu thereof, post a bond in accordance with subdivision (2) of Section 32-20-24.
(2) The lien release from the lienholder as recorded on the certificate of title or, in lieu thereof, post a bond in accordance with subdivision (2) of Section 32-20-24.
(3) An affidavit executed by all who have an ownership interest in the manufactured home and the realty to which the manufactured home has become permanently affixed to the effect that the manufactured home is permanently affixed to the realty described in the deed and containing written verification from the judge of probate that the manufactured home has been recorded as being permanently affixed and recorded as real property in that county.
(c) If a manufactured home for which the certificate of origin or certificate of title has been cancelled as provided in this section or previously cancelled under Section 32-8-30, is subsequently detached from the realty to which it became permanently affixed, the current owner or owners must reapply for a new certificate of title, post a bond in accordance with the provisions of subdivision (2) of Section 32-20-24, and pay the required fee specified in Section 32-20-4, for the manufactured home, or if in more than one section, for each component unit.
(d) Any dealer, acting for himself, herself, or another, who sells, trades, or otherwise transfers any manufactured home required to be titled under this chapter who does not comply with the provisions of this chapter shall be guilty of a Class B misdemeanor and upon conviction shall be fined in a sum not exceeding five hundred dollars ($500).
(e) The department shall maintain a record of all certificates of title and certificates of origin that are cancelled pursuant to this section:
(1) Under a distinctive title number if a certificate of title was issued and subsequently cancelled.
(2) Under the manufactured home identification number.
(3) Under the name of the owner on whose behalf the certificate of title or certificate of origin is cancelled.
(4) In the discretion of the department, by any other method the department determines.
(Act 2009-746, p. 2236, §4; Act 2019-239, §1.)
No certificate of title shall be issued for any of the following:
(1) A manufactured home owned by the United States or any agency thereof.
(2) A manufactured home owned by a manufacturer or licensed manufactured home dealer and held for sale.
(3) A manufactured home owned by a nonresident of this state and not located in this state.
(4) Manufactured homes designated 1999 and prior year models, unless requested by a current owner pursuant to this article.
(5) Modular homes.
(6) A manufactured home situated in this state and permanently affixed to the real property on which it is placed and for which the certificate of title or the manufacturer’s certificate of origin has been canceled pursuant to Section 32-20-20(b).
(7) Any other manufactured homes as prescribed by the department.
(Act 2009-746, p. 2236, §4; Act 2019-239, §1; Act 2026-588.)
(a) Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, unless otherwise provided by law, shall by virtue of his or her office be a designated agent of the department. Judges of probate, commissioners of licenses, directors of revenue, or other county officials may perform their duties under this chapter either personally or through any of their deputies.
(b) Every dealer, as defined in this chapter, shall qualify as a designated agent of the department. The dealers may perform their duties under this chapter either personally or through any of their officers or employees; provided, that the dealers or persons shall enter into a bond with a corporate surety authorized to do business in this state as surety thereon, payable to the State of Alabama in a sum as provided in subsection (b) of Section 32-8-34, conditioned on the faithful performance of their duties under this chapter.
(c) The department may appoint other persons as its designated agents under this chapter. An appointee shall enter into a bond as provided in subsection (b) of Section 32-8-34, conditioned on the faithful performance of his or her duties under this chapter. Full-time bonded employees of the Department of Revenue may serve as designated agents without additional bond.
(Act 2009-746, p. 2236, §4.)
(a) The application for the certificate of title of a manufactured home in this state shall be made by the owner to a designated agent, on the form the department prescribes, and shall contain all of the following:
(1) The name, current residence, and mailing address of the owner.
(2) A description of the manufactured home including the following data: Year, make, model, manufactured home identification number, and whether new or used.
(3) The date of purchase by the applicant, the name and address of the person from whom the manufactured home was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements.
(4) Other information that the department may require.
(b) If the application is for a manufactured home purchased from a dealer, the application shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of the security agreement and shall be signed by the designated agent and the owner. The designated agent shall promptly mail or deliver the application to the department.
(c) If the application is for a new manufactured home, it shall be accompanied by the certified manufacturer’s statement of origin showing proper assignments to the applicant. The manufacturer, upon the shipment of a manufactured home into this state, shall promptly furnish the dealer with a certified statement of origin.
(d) If the application is for a used manufactured home last titled in this state, it shall be accompanied by the outstanding Alabama certificate of title issued under this chapter or under Chapter 8.
(e) Each application shall contain or be accompanied by the certificate of a designated agent that the manufactured home identification number and descriptive data shown on the application, pursuant to the requirements of subdivision (a)(2), are correct, and that the agent identified the person signing the application and verified the signature.
(f) If the application refers to a manufactured home last previously titled in another state or country, the application shall contain or be accompanied by the following:
(1) Any certificate of title issued by the other state or country.
(2) Any other information and documents as the department may reasonably require to establish the ownership of the manufactured home and the existence or nonexistence of security interest in it.
(3) The certificate of a designated agent stating that the manufactured home identification number and descriptive data shown on the application pursuant to subdivision (a)(2) are correct, and any other proof of the identity of the manufactured home as the department may reasonably require.
(g) Every designated agent, within 20 calendar days after an application is received by him or her, shall forward to the department, in a manner as prescribed by the department, the fee as provided in Section 32-20-4, and the application, along with any other evidence of title as may have been delivered to the designated agent by the applicant.
(Act 2009-746, p. 2236, §4; Act 2021-171, §2.)
If the department is not satisfied as to the ownership of the manufactured home or that there are no undisclosed security interests in it, the department may accept the application but shall do either of the following:
(1) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant’s ownership of the manufactured home and that there are no undisclosed security interests on it.
(2) As a condition of issuing a certificate of title or certificate of cancellation, require the applicant to file with the department a bond in a form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to fifty thousand dollars ($50,000) for manufactured homes less than 10 model years old and twenty-five thousand dollars ($25,000) for all manufactured homes 10 years old or older and shall be conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of title or certificate of cancellation for the manufactured home or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposits accompanying it, shall be returned at the end of three years or prior thereto if the manufactured home is no longer in this state and the currently valid Alabama certificate of title is surrendered to another state, unless the department has been notified of the pendency of an action to recover on the bond.
(Act 2009-746, p. 2236, §4.)
(a) The department shall examine each application received and, when satisfied that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title to the manufactured home on the form prescribed by the department.
(b) The department shall maintain a record of all certificates of title issued pursuant to the provisions of this chapter:
(1) Under a distinctive title number assigned to the manufactured home.
(2) Under the manufactured home identification number.
(3) Under the name of the owner.
(4) In the discretion of the department, by any other method the department determines.
(Act 2009-746, p. 2236, §4.)
(a) Each certificate of title issued by the department shall contain all of the following:
(1) The date issued.
(2) The name and current address of the owner.
(3) The names and addresses of any lienholders in the order of priority as shown on the application, or if the application is based on a certificate of title, as shown on the certificate.
(4) The title number.
(5) A description of the manufactured home including the following data: Year, make, model, manufactured home identification number, and whether new or used.
(6) Any other data the department prescribes.
(b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest by a lienholder.
(c) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
(d) A certificate of title to a manufactured home is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the manufactured home.
(Act 2009-746, p. 2236, §4.)
The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. The department may promulgate rules to issue such certificate of title electronically in lieu of issuing the certificate of title by mail.
(Act 2009-746, p. 2236, §4.)
The department shall refuse issuance of certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that one of the following exists:
(1) The applicant is not the owner of the manufactured home.
(2) The application contains a false or fraudulent statement.
(3) The applicant fails to furnish required information or documents or any additional information the department reasonably requires.
(Act 2009-746, p. 2236, §4.)
(a) If a certificate of title issued under this chapter or previously issued under Chapter 8 is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department and payment of the applicable transaction fee and commissions as required by this chapter. The replacement certificate of title shall contain the legend, “This is a replacement certificate and may be subject to the rights of a person under the original certificate.” It shall be mailed to the first lienholder named in it, or, if none, to the owner.
(b) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.
(Act 2009-746, p. 2236, §4.; Act 2021-171, §2.)
(a) If an owner transfers his or her interest in a manufactured home, other than by the creation of a security interest, he or she shall, at the time of the sale of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the department.
(b) Except as provided in this section, the transferee promptly, after delivery to him or her of the manufactured home, shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to a designated agent.
(c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title, unless the transfer was in breach of his or her security agreement, shall deliver the certificate to the transferee. Upon receipt of the certificate, the transferee shall make application to a designated agent for a new certificate. The delivery of the certificate does not affect the rights of the lienholder under his or her security agreement.
(d) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder and the parties shall comply with Section 32-20-32.
(e) Except as provided in Section 32-20-32, and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with.
(Act 2009-746, p. 2236, §4.)
(a) If a dealer buys a manufactured home and holds it for resale and procures the certificate of title from the owner or the lienholder he or she need not send the certificate to the department but, upon transferring the manufactured home to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his or her security agreement, in the spaces provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate to a designated agent with the transferee’s application for a new certificate.
(b) Every dealer shall maintain for five years a record in the form the department prescribes of every manufactured home bought, sold, or exchanged by him or her or received by him or her for sale or exchange, which shall be open to inspection by representatives of the department and law-enforcement officers during reasonable business hours.
(Act 2009-746, p. 2236, §4.)
(a) If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, the transferee, except as hereinafter provided in subsection (b), shall promptly mail or deliver to a designated agent the last certificate of title, if available, and proof of the transfer, together with his or her application for a new certificate in the form the department prescribes. If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, and the manufactured home is permanently affixed to the real property and the owner of the manufactured home and the real property are the same then the transferee, except as hereinafter provided in subsection (b), shall promptly mail or deliver to a designated agent the last certificate of title, if available, and proof of the transfer, together with his or her application for a certificate of cancellation in the form the department prescribes.
(b) If the interest of the owner is terminated or the manufactured home is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly make application to a designated agent for a new certificate of title in the form the department prescribes. The application shall be accompanied by the last certificate of title and an affidavit made by or on behalf of the lienholder that the manufactured home was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement.
If the lienholder succeeds to the interest of the owner and holds the manufactured home for resale, he or she need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee the certificate, affidavit, and other documents required by the department. The transferee shall promptly make application to a designated agent for a new certificate in the form prescribed by the department.
(c) Notwithstanding anything to the contrary contained in this section, a person holding a certificate of title whose interest in the manufactured home has been extinguished or transferred other than by voluntary transfer shall forthwith mail or deliver the certificate to the department upon request of the department; and the delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate; and the action of the department in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate.
(Act 2009-746, p. 2236, §4.)
(a) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate title, the required fee, and any other documents required by the department, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
(b) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntarily transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the department, the department shall make demand therefor from the holder thereof.
(c) The department shall file every surrendered certificate of title, or an electronically reproduced copy of every such certificate, for a period of time deemed necessary by it in order to permit the tracing of title of the manufactured home designated therein.
(Act 2009-746, p. 2236, §4.)
(a) The department shall suspend or revoke a certificate of title, subject to the appeal provisions of Chapter 2A of Title 40, when authorized by any other provision of law or if it finds either of the following:
(1) The certificate of title was fraudulently procured or erroneously issued.
(2) The manufactured home has been scrapped, dismantled, or destroyed.
(b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c) When the department suspends or revokes a certificate of title, the owner or person in possession of it, immediately upon receiving notice of the suspension or revocation, shall mail or deliver the certificate to the department.
(d) Should any person fail to comply with the provisions of subsection (c) the department shall seize and impound the certificate of title which has been revoked. It shall also be the duty of any peace officer, on notification to him or her by the department of the failure of a person to mail or deliver a revoked certificate of title to the department, to seize and mail or deliver to the department the revoked certificate of title.
(Act 2009-746, p. 2236, §4.)
This chapter does not apply to or affect any of the following:
(1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home.
(2) A lien given by statute to the United States, this state, or any political subdivision of this state.
(3) A security interest in a manufactured home created by a manufacturer or dealer who holds the manufactured home for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest.
(Act 2009-746, p. 2236, §4.)
(a) Unless excepted by this section, a security interest in a manufactured home for which a certificate of title is required by the terms of this chapter is not valid against creditors of the owner or subsequent transferees or lienholders of the manufactured home unless perfected as provided in this article or previously perfected under the terms of Chapter 8 of this title.
(b) A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his or her security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery.
(Act 2009-746, p. 2236, §4; Act 2017-442, §2 (b)(4).)
If an owner creates a security interest in a manufactured home:
(1) The owner shall immediately execute the application in the space provided therefor on the certificate of title, or on a separate form the department prescribes to name the lienholder on the certificate showing the name and address of the lienholder and the date of his or her security agreement, and cause the certificate, application, and the required fee to be delivered to the lienholder.
(2) The lienholder shall immediately cause the certificate, application, and required fee to be mailed or delivered to the department.
(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the department, or, upon receipt from the subordinate lienholder of the owner’s application and the required fee, mail or deliver them to the department with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his or her security agreement.
(4) Upon receipt of the certificate of title, application, and the required fee, the department shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.
(Act 2009-746, p. 2236, §4.)
(a) A lienholder may assign, absolutely or otherwise, his or her security interest in the manufactured home to a person other than the owner without affecting the interest of the owner or the validity of such security interest, but any person without notice of the assignment is protected in dealing with the lienholder of the security interest and the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate in the manner prescribed by the department.
(b) The department shall file each assignment received by the department with the required fee, and note the assignee as lienholder upon the record of notices of security interests maintained by the department.
(Act 2009-746, p. 2236, §4.)
(a) Upon the satisfaction of a security interest in a manufactured home for which the certificate of title is in the possession of the lienholder, he or she, within 10 days after demand, shall execute a release of his or her security interest, in the space provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the manufactured home for resale, shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the lienholder’s rights on the certificate or issue a new certificate.
(b) Upon the satisfaction of a security interest in a manufactured home for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied, within 10 days after demand, shall execute a release in the form the department prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the department, or, upon receipt of the release, mail or deliver it with the certificate to the department which shall release the subordinate lienholder’s rights on the certificate or issue a new certificate.
(c) Upon receipt of the releases of security interests mentioned in subsections (a) and (b), the department shall file each release in the manner prescribed by the department and note the same upon the records of notices of security interests maintained by it.
(Act 2009-746, p. 2236, §4.)
A lienholder named in a certificate of title upon written request of the owner or of another lienholder named on the certificate, shall disclose any pertinent information as to his or her security agreement and the indebtedness secured by it.
(Act 2009-746, p. 2236, §4.)
(a) The method provided in this article of perfecting and giving notice of security interest in manufactured homes required to be titled under the terms of this chapter or titled under the terms hereof, shall be exclusive.
(b) Security interests in manufactured homes required to be titled or which are titled under this chapter, are hereby exempted from the provisions of law which otherwise require the filing or recording of financing statements or of other instruments creating or evidencing security interests.
(c) Security interests in manufactured homes not required to be titled under this chapter or not titled under the terms hereof, which are perfected under any other applicable laws of this state shall not be affected by this chapter but shall continue in all respects to be governed by such other laws of this state.
(Act 2009-746, p. 2236, §4.)
Notwithstanding any requirement in this chapter that a lien on a manufactured home shall be noted on the face of the certificate of title, if there are one or more liens or encumbrances on the manufactured home, the department may electronically transmit the lien to the first lienholder and notify the first lienholder of any additional liens. Subsequent lien satisfactions may be electronically transmitted to the department and shall include the name and address of the person satisfying the lien. If liens and lien releases are processed electronically and the last lien is satisfied, a title will be issued to the owner of the manufactured home in a manner as prescribed by the department. A duly certified copy of the department’s electronic record of the lien shall be admissible in any civil, criminal, or administrative proceeding in this state as evidence of the existence of the lien.
(Act 2009-746, p. 2236, §4.)
(a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department as follows:
(1) Alphabetically, under the name of the owner.
(2) Under the manufactured home identification number.
(3) Under the certificate of title number.
(4) In the discretion of the department, by any other method it determines.
(b) The department, before issuing or reissuing a certificate of title, shall check the name of the owner and the certificate of title number of the manufactured home against the record provided for in subsection (a).
(Act 2009-746, p. 2236, §4.)
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