Sec. 15-145. Marine dealer's and marine engine manufacturer's registration numbers and certificates. Availability and renewal of certificates. Use of vessel. Restrictions.
Sec. 15-145. Marine dealer's and marine engine manufacturer's registration
numbers and certificates. Availability and renewal of certificates. Use of vessel.
Restrictions. (a) A marine dealer or marine engine manufacturer may obtain one or
more marine dealer's registration numbers upon application to the Commissioner of
Environmental Protection, and upon payment of a fee of fifty dollars for each number.
Such funds shall be deposited in the boating account of the Conservation Fund. Such
application shall contain an affidavit stating that (1) such marine dealer is a person
engaged in the business of manufacturing, selling or repairing new or used vessels and
that such person has an established place of business for the sale, trade, display or repair
of such vessels, or (2) such marine engine manufacturer is a person engaged in the
business of manufacturing, selling or repairing marine engines and that such person has
an established place of business for the sale, trade, display or repair of such engines. A
marine dealer's or marine engine manufacturer's registration certificate shall be denominated as such and shall state the dealer's or engine manufacturer's name, residence
address, business address, registration number, the expiration date of the certificate and
such other information as the Commissioner of Environmental Protection may prescribe.
The certificate, or a copy of the certificate, shall be carried aboard and shall be available
for inspection upon each vessel which displays the dealer's registration number whenever such vessel is in operation. A number or certificate may not be used on more than
one vessel at a time. Each certificate shall be renewed on the first day of May of the
year following the date of issue and shall expire on the last day of April of the year
following such renewal, unless sooner terminated or surrendered. At least thirty days
prior to the expiration date of each certificate, the Commissioner of Environmental
Protection shall notify each dealer and manufacturer of such expiration. Within ninety
days before its expiration, each dealer's or manufacturer's certificate may be renewed
upon application and upon payment of the fee provided in this section. Each registration
number assigned to a marine dealer or marine engine manufacturer shall remain the
same as long as such dealer or manufacturer continues, under the same name, in the
business described in such dealer's or manufacturer's application affidavit as required
pursuant to this subsection.
(b) A marine dealer's registration number shall be displayed in such manner as
the Commissioner of Environmental Protection prescribes on vessels operated for the
purpose of sale, trade, repair or transport and on any vessel sold by such dealer for not
more than five days after the date of such sale, and on any vessel used by a marine
engine manufacturer for the sole purpose of testing or demonstrating marine engines
manufactured or repaired by such person. Any vessel displaying a marine dealer's registration number shall be presumed to be properly registered.
(c) No marine dealer or marine engine manufacturer may (1) rent, or allow or cause
to be rented, (2) operate, or allow or cause to be operated, for hire, or (3) use, or allow
or cause to be used, for the purpose of conveying passengers or merchandise or freight
for hire, any vessel registered with a marine dealer's or marine engine manufacturer's
number and certificate. No marine dealer or marine engine manufacturer may loan a
number certificate to any person except (A) for the purpose of demonstrating a vessel;
(B) when a vessel owned by or lawfully in the custody of such person is undergoing
repairs; or (C) when such person has purchased a vessel, the registration of which has
not yet been completed and in any case for not more than five consecutive days. Each
marine dealer or marine engine manufacturer shall keep a record of each loaned number
certificate showing the date loaned, the vessel hull identification number (HIN) of the
vessel on which such number is displayed, the date returned and the name and address
of the person operating any vessel with such loaned number certificate. Such dealer or
engine manufacturer shall give a copy of this record to each person to whom such number
certificate is loaned, which copy shall be carried in the vessel at all times when operated.
This record shall be retained by the dealer or engine manufacturer for a period of six
months from the date on which the number certificate was loaned and such record shall
be available during business hours for examination by any police officer, marine officer
or conservation officer.
(d) Any marine dealer may operate, or cause to be operated by a bona fide full-time
employee, a vessel with a marine dealer's registration number (1) while a potential
purchaser or customer is aboard, (2) when running a new vessel from an import terminal
to the dealer's place of business, (3) when test running a new vessel after receiving it
from the manufacturer, (4) when delivering a sold vessel to the new owner, (5) when
running a trade-in vessel from a buyer, (6) when test running a trade-in vessel before it
is made available for sale, (7) when running a vessel to, and using a vessel in, a fishing
tournament, (8) when test running a vessel after repairs, maintenance or winter storage,
(9) when used in connection with the business of the marine dealer, (10) when running
the vessel to obtain or deliver parts for the repair of the vessel or another vessel, and
(11) for the personal use of the marine dealer. Each marine dealer shall maintain a record
of the following: (A) Each marine number certificate issued by the commissioner to
such dealer, (B) the name, address and occupation of any bona fide full-time employee
to whom such certificate has been assigned, (C) the date of assignment of such certificate,
and (D) the exact location of each unassigned certificate. For the purposes of this subsection, "bona fide full-time employee" means a person who is employed by a marine dealer
for not less than thirty-five hours per week and who appears on the records of such
marine dealer as an employee for whom tax is withheld for Social Security, federal
income tax and any other withholding or deductions from salary required by law.
(e) No person may use a vessel with a marine dealer's or marine engine manufacturer's registration number for any purpose other than the purposes described in this section.
The commissioner may revoke any marine dealer's or marine engine manufacturer's
registration number under this section if any vessel with a number issued to such dealer
or engine manufacturer is used in violation of this section.
(1961, P.A. 506, S. 12; 1971, P.A. 872, S. 386; P.A. 73-257, S. 12, 27; P.A. 74-302, S. 2, 3; P.A. 81-423, S. 6, 25; P.A.
82-436, S. 3, 11; P.A. 84-268, S. 4; P.A. 94-188, S. 28; P.A. 99-114; P.A. 05-76, S. 1; P.A. 06-196, S. 199.)
History: 1971 act replaced "commission", referring to boating commission, with "commissioner", referring to commissioner of environmental protection; P.A. 73-257 required that ID numbers be applied for to commissioner of motor vehicles
rather than commissioner of environmental protection, increased fee from $5 to $10, included commissioner of motor
vehicles in provision re information on certificate and changed validity period from three years to one year in Subsec. (a)
and made technical change to Subsec. (b) for clarity; P.A. 74-302 added provision re affidavit in Subsec. (a) and revised
expiration provision in Subsec. (b) so that licenses expire on same date (last day of April) rather than one year from date
of issue; P.A. 81-423 substituted "registration" for "identification" numbers and "vessels" for "motorboats" and raised fee
from $10 to $15; P.A. 82-436 amended Subsec. (a) by requiring that applications by marine dealers for registration numbers
are subject to approval by the commissioner of environmental protection, and increased fee for each such registration
number from $15 to $25; P.A. 84-268 transferred authority to receive applications for registration numbers and to notify
dealers of impending expiration dates from motor vehicles commissioner to environmental protection commissioner; P.A.
94-188 amended Subsec. (a) to add provisions re marine engine manufacturers and amended Subsec. (b) by deleting
"solely" after "prescribes" and by including vessels used by marine engine manufacturers for the sole purpose of testing
or demonstrating marine engines manufactured or repaired by them; P.A. 99-114 amended Subsec. (a) to increase the fee
for a marine dealer or marine engine manufacturer registration number from $25 to $50, provide that such funds be deposited
into the boating account of the Conservation Fund, provide for the carrying of a copy of the certificate, and provide that
a number or certificate may not be used on more than one vessel at a time, amended Subsec. (b) to allow operation of
vessels with such numbers for purposes of repair or transport and add provision re presumption that a vessel displaying a
marine dealer's registration number is properly registered, and added Subsecs. (c), (d) and (e) re restrictions on use of
vessels with such numbers; P.A. 05-76 amended Subsec. (d) by adding Subdivs. (9), (10) and (11) to expand marine dealer
and full-time employee use of vessels to permit business or personal use and use to obtain or deliver repair parts, effective
June 2, 2005; P.A. 06-196 made technical changes in Subsec. (a), effective June 7, 2006.