Section 46-22.1-1. – Short title.
§ 46-22.1-1. Short title. This chapter may be cited as the “Uniform Boat Titling Act”. History of Section.P.L. 1988, ch. 555, § 1.
Section 46-22.1-10. – Perfection generally.
§ 46-22.1-10. Perfection generally. (a) Unless excepted by § 46-22.1-9, a security interest in a vessel is not valid against creditors of the owners or subsequent transferees or secured parties of the vessel unless perfected as provided under §§ 46-22.1-10 — 46-22.1-17. (b) A security interest is perfected by the delivery to the department of […]
Section 46-22.1-11. – Execution of application — Time when perfected — Endorsement of certificate.
§ 46-22.1-11. Execution of application — Time when perfected — Endorsement of certificate. If an owner creates a security interest in a vessel: (1) The owner immediately shall: (i) Execute the space provided on the certificate of title or a separate form the department prescribes, naming the secured party on the certificate of title showing […]
Section 46-22.1-12. – Assignability.
§ 46-22.1-12. Assignability. (a) A secured party may assign, absolutely or otherwise, all or part of a security interest in the vessel 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 […]
Section 46-22.1-13. – Relief upon satisfaction.
§ 46-22.1-13. Relief upon satisfaction. (a) Upon the satisfaction of a security interest in a vessel, the secured party shall securely attach to the certificate of title a release of security interest, in whatever form as may be prescribed by or acceptable to the department and shall within fifteen (15) days mail or deliver the […]
Section 46-22.1-14. – Adoption of rules and regulations.
§ 46-22.1-14. Adoption of rules and regulations. The department shall adopt the necessary rules and regulations to implement the provision of §§ 46-22.1-3 — 46-22.1-17. The department shall further adopt the substantive provisions of the federal Boat Safety Act of 1971, 46 U.S.C. § 1451 et seq., as well as the rules and regulations of […]
Section 46-22.1-15. – Disclosure of information.
§ 46-22.1-15. Disclosure of information. A secured party named in a certificate of title, on written request of the owner, shall disclose to the owner any pertinent information as to the security agreement and indebtedness secured by it in accordance with the commercial laws or articles of the state. History of Section.P.L. 1988, ch. 555, […]
Section 46-22.1-16. – Exclusive method.
§ 46-22.1-16. Exclusive method. The method provided in §§ 46-22.1-10 — 46-22.1-16 of perfecting and giving notice of security interest shall be exclusive. History of Section.P.L. 1988, ch. 555, § 1.
Section 46-22.1-17. – Forms and investigations.
§ 46-22.1-17. Forms and investigations. (a) The department shall prescribe and provide suitable forms of applications, certificate of title, notices of security interest, and all other notices and forms necessary to carry out §§ 46-22.1-3 — 46-22.1-17. (b) The department may make any investigation it deems necessary to procure information required to carry out §§ […]
Section 46-22.1-18. – Offenses relating to this chapter — Penalties.
§ 46-22.1-18. Offenses relating to this chapter — Penalties. (a) No person shall operate a vessel on the waters of this state for which a certificate of title is required, without having the certificate of title. (b) No person shall fail to surrender or otherwise dispose of a vessel for which a certificate of title […]
Section 46-22.1-19. – Severability.
§ 46-22.1-19. Severability. If any provision of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or […]
Section 46-22.1-2. – Definitions.
§ 46-22.1-2. Definitions. As used in this chapter, the following words have the meanings indicated: (1) “Amphibious vehicle” means a vehicle which may be propelled both on water and land. (2) “Certificate” means any certificate of title issued. (3) “Dealer” means any person who engages in whole or in part in the business of buying, […]
Section 46-22.1-3. – Owner’s certificate of title.
§ 46-22.1-3. Owner’s certificate of title. (a) Except as provided in subsections (b) and (e), any owner of a vessel principally used on the waters of this state shall apply to the department for a certificate of title for the vessel. (b) A certificate of title shall not be required under this chapter for any […]
Section 46-22.1-3.1. – Registration without certificate of title.
§ 46-22.1-3.1. Registration without certificate of title. If an applicant is unable to provide a valid certificate of title for a vessel required to be titled under the provisions of this chapter then: (1) As a condition of issuing a certificate of title, the department may accept a surety bond, in an amount equal to […]
Section 46-22.1-4. – Fees — Duplicates.
§ 46-22.1-4. Fees — Duplicates. (a) The department shall charge a twenty-five ($25.00) fee to issue a certificate of title, and a five dollar ($5.00) fee to transfer a title, or issue a corrected and duplicate certificate of title. A fifteen dollar ($15.00) late fee shall be charged to any owner not timely filing an […]
Section 46-22.1-5. – Obtaining manufacturer’s or importer’s statement of origin.
§ 46-22.1-5. Obtaining manufacturer’s or importer’s statement of origin. A manufacturer or dealer may not transfer ownership of a new vessel without supplying the transferee with the manufacturer’s or importer’s statement of origin signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain such information as the department may require. History of Section.P.L. […]
Section 46-22.1-6. – Hull identification number of vessel.
§ 46-22.1-6. Hull identification number of vessel. (a) Every vessel whose construction began after October 31, 1972 shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971, 46 U.S.C. § 1451 et seq. The department shall determine the procedures for application and issuance of the hull […]
Section 46-22.1-7. – Dealer’s record of vessels bought, sold, or transferred.
§ 46-22.1-7. Dealer’s record of vessels bought, sold, or transferred. Every dealer shall maintain for three (3) years a record of any vessel he or she bought, sold, exchanged, or received for sale or exchange. These records shall be open to inspection by the department representatives and agents, during reasonable business hours. History of Section.P.L. […]
Section 46-22.1-8. – Transfer or repossession of vessel by operation of law.
§ 46-22.1-8. Transfer or repossession of vessel by operation of law. If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty (30) days after he or she has acquired the right to possession of the vessel by operation […]
Section 46-22.1-8.1. – Transfer of title by intestate succession.
§ 46-22.1-8.1. Transfer of title by intestate succession. (a) Unless otherwise provided in the last will and testament of a decedent, any vessel(s) owned by the decedent shall belong, and title to the vessel(s) shall pass, to the surviving spouse. (b) The assistant director for the department of environmental management shall register the vessel(s) in […]