§ 46-22.1-3 - Owner's certificate of title.
SECTION 46-22.1-3
§ 46-22.1-3 Owner's certificate of title.– (a) Except as provided in subsections (b) and (e), any owner of a vesselprincipally used on the waters of this state shall apply to the department fora certificate of title for the vessel.
(b) A certificate of title shall not be required under thischapter for any vessel that is:
(1) A ship's lifeboat; or
(2) A non-motorized inflatable vessel, surfboard, racingshell, rowing scull, or tender for direct transportation between a vessel andthe shore, where the vessel is used solely for direct transportation between avessel and the shore; or
(3) A documented vessel or vessels fourteen feet (14') orless.
(c) Each certificate of title shall contain the title number,the name of the vessel manufacturer, model year, hull identification number,the registration number, hull material, propulsion, fuel type, use of vessellength, audit number, as well as name and address of the registered owner, dateof issue of the certificate of title, first lien holder, if any, date andamount of lien, second lien holder, if any, date and amount of lien, and anyevidence of first and second lien satisfaction with signature and title ofagent, as well as notary public seal and any other information as required bythe director. Certificates of title shall be issued on forms prescribed by thedepartment.
(d) The department may not issue or renew a certificate ofnumber to any vessel required to be registered and numbered in this state,unless the owner of the vessel has a valid certificate of title.
(e) A person who, on January 1, 1989, is the owner of avessel with a valid certificate of number issued by this state is not requiredto file an application for a certificate of title for the vessel until he orshe transfers any part of his or her interest in the vessel or renews thecertificate of number for the vessel.
(f) Every owner of a vessel subject to titling under theprovisions of this chapter shall apply to the department for the issuance of acertificate of title for the vessel within thirty (30) days after takingpossession of a vessel. The application shall be on forms the departmentprescribes, and be accompanied by the required fee. The application shall besigned and sworn to before a notary public and contain a certification signedin writing, representing that statements made on the application are true andcorrect to the best of the applicant's knowledge, information, and belief,under penalty of perjury. The application shall contain the date of sale andgross purchase price of the vessel or the fair market value, if no saleimmediately proceeded the transfer, and any additional information thedepartment requires. If the application is made for a vessel last previouslyregistered or titled in another state or foreign country, the application shallcontain the information set forth above and any other the department mayrequire.
(g) If a dealer buys or acquires a used numbered vessel forresale, he or she shall report the acquisition to the department on forms thedepartment provides, or he or she may apply for and obtain a certificate oftitle as provided in this chapter. If a dealer buys or acquires a usedunnumbered vessel, he or she shall apply for a certificate of title in his orher name within fifteen (15) days. If a dealer buys or acquires a new vesselfor resale, he or she may apply for a certificate of title in his or her name,but is not required to do so.
(h) Every dealer transferring a vessel requiring titlingunder this chapter shall assign the title to the new owner if the dealer isrequired under subsection (g) to obtain a title, or, in the case of a newvessel, assign the manufacturer's statement of origin. In the event the dealeraccepts an application for title certificate and accompanying fee from thepurchaser of a vessel, the dealer shall forward the required fee andapplication to the department within fifteen (15) days of the receipt of theapplication and fee.
(i) The department shall maintain a record of any certificateof title it issued.
(j) No person may sell, assign, or transfer a vessel titledby the state without delivering to the purchaser or transferee a certificate oftitle with an assignment on it showing title in the purchaser or transferee. Noperson may purchase or otherwise acquire a vessel required to be titled by thestate without obtaining a certificate of title for it in his or her name.