reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.21. Numbering system

RS 34:851.21 - Numbering system
A. The motorboat, houseboat, or sailboat identification number issued by the commission pursuant to this Part shall be divided into parts which include a symbol indicating the state and a combination of numerals, letters, and words indicating the individual identification of the motorboat, houseboat, or sailboat. The group of three digits appearing between letters shall be separated from those letters by hyphens or equivalent spaces. Numbers shall be block characters not less than three inches in height and of a color to contrast on the hull, dark on light or light on dark or as otherwise provided by rules and regulations of the commission.
B.(1) "LA" shall be the symbol indicating Louisiana.
(2) The second part of the motorboat, houseboat, or sailboat number shall consist of not more than four Arabic numerals and not more than two capital letters as a suffix separated by a hyphen or equivalent space. Since the letters "I", "O", and "Q" may be mistaken for numerals, they shall not be used.
(3) Motorboats, houseboats, or sailboats for hire or rent shall have painted or attached to each side of the bow the word "HIRE" in letters of not less than one and one-half inches which shall appear below the awarded number.
(4) Motorboats, houseboats, or sailboats owned by the state or any of its political subdivisions shall have painted or attached to each side of the bow the word "PUBLIC" in letters of not less than one and one-half inches which shall appear below the awarded number except when used for undercover or investigative work.
Acts 1990, No. 894, §1; Acts 2018, No. 628, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.22. Exemption from numbering system

RS 34:851.22 - Exemption from numbering system
A. A motorboat shall not be required to be numbered under this Part if it is:
(1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state; however, such boat shall not have been within this state for a period in excess of ninety consecutive days.
(2) A motorboat from a country other than the United States temporarily using the waters of this state.
(3) A public vessel of the United States, a state, or a subdivision thereof.
(4) A ship's lifeboat.
B. A sailboat shall not be required to be numbered under this Part if it is:
(1) Twelve feet or less in length.
(2) A vessel commonly known as a sailboard, where the craft is designed for one person and operated in the standing position.
Acts 1990, No. 894, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.23. Boat liveries; numbering of manufacturer's and dealer's boats

RS 34:851.23 - Boat liveries; numbering of manufacturer's and dealer's boats
A. Neither the owner of a boat livery nor his agent or employee shall permit any motorboat, sailboat, or any vessel designed or permitted by him to be operated as a motorboat or sailboat to depart from his premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to R.S. 34:851.24 and any rules and regulations made pursuant thereto.
B.(1) A manufacturer of or dealer in motorboats or sailboats owning or operating any motorboat or sailboat for sale, demonstration, or trading purposes but not used in the operation of such business otherwise or for pleasure purposes, in lieu of registering such motorboats or sailboats, shall obtain a registration number from the commission by applying therefor upon the proper official form and the payment of a registration fee of fifty dollars for a three-year period. Renewals shall be made in the same manner.
(2) The manufacturer or dealer may have the number awarded printed upon or attached to removable signs to be temporarily but firmly mounted upon or attached to the boats being demonstrated or tested so long as the display meets the requirements.
(3) The word "DEALER" in letters of not less than one and a half inches shall appear below the awarded number.
(4) The number awarded may, during the registration period for which issued, be transferred from one motorboat or sailboat to another owned or operated by the manufacturer or dealer who procured the number.
Acts 1984, No. 288, §1; Acts 1986, No. 521, §1, eff. Oct. 1, 1986; Acts 1990, No. 894, §1; Acts 2007, No. 83, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.25. Prohibited operation

RS 34:851.25 - Prohibited operation
A.(1) Notwithstanding any provisions of law to the contrary, the governing authority of any parish or municipality may prohibit the operation of any motor vessel in an area that is inundated from a body of water that is above flood stage when the operation of such motor vessel causes or may cause inundations of dwellings, camps, business establishments, or similar structures.
(2) Notwithstanding any provisions of law to the contrary, the governing authority of the Bayou D'Arbonne Lake Watershed District may prohibit the operation of any motor vessel in an area that is inundated from Lake D'Arbonne when it is above flood stage and when the operation of such motor vessel causes or may cause inundations of dwellings, camps, business establishments, or similar structures.
B. The provisions of this Subsection shall not apply to law enforcement officers, members of the National Guard, commercial fishermen and members of a rescue or disaster relief organization or group when any of such people are in the exercise of their duties. In addition, these provisions shall not apply to a person who resides or owns property in or adjacent to the flooded area or his representatives while engaged in caring for his life, family, or property or the lives, families, or property of his neighbors or to a company which operates in or adjacent to the flooded area or its representatives while engaged in caring for the lives of its employees or its property provided entry is not denied by a law enforcement officer or other person authorized to be within the area in the exercise of his duties.
C. The governing authority of any parish or municipality may establish penalties for violations of such ordinances in accordance with law.
Acts 1984, No. 288, §1; Acts 2022, No. 108, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.26. Transmittal of information

RS 34:851.26 - Transmittal of information
In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to R.S. 34:851.10(B) shall be transmitted to said official or agency of the United States. Nothing in this Section shall be construed to require disclosure of records or the information contained therein held by this department while criminal litigation or any anticipated criminal litigation exists. Only after final adjudication of settlement shall this information become public record.
Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.28. Filing of regulations

RS 34:851.28 - Filing of regulations
A copy of the regulations adopted pursuant to this Part and of any amendments thereto shall be filed in the office of the commission. Rules and regulations shall be published by the commission in a convenient form and become effective twenty days after adoption.
Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.29. Enforcement

RS 34:851.29 - Enforcement
It shall be the duty and responsibility of every wildlife agent and peace officer of this state and its subdivisions to enforce the provisions of this Part, and in the exercise thereof, they are hereby authorized to stop and board any vessel for the purpose of addressing inquiries to those on board, requiring appropriate proof of identification therefrom, examining the certificate of numbers issued under this Part or in the absence of such certificate requiring appropriate proof of identification of the owner or operator of the vessel, and in addition, examining such vessel for compliance with this Part. Officers so boarding any vessel shall first identify themselves and such officer in the performance of his duties shall be without liability for trespass.
Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.30. Visual distress

RS 34:851.30 - Visual distress
Any watercraft when used on coastal waters including territorial seas up to a point where the waters are less than two miles wide shall be equipped with United States Coast Guard approved visual distress signaling devices. However, the following watercraft shall be exempt from this Section when operating between sunrise and sunset:
(1) Recreational boats less than sixteen feet in length.
(2) Boats participating in organized events which have been permitted by the department or the United States Coast Guard.
(3) Open sailboats not equipped with propulsion machinery and less than twenty-six feet in length.
(4) Manually propelled boats.
Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.31. Penalties

RS 34:851.31 - Penalties
A.(1) Any person who violates any provision of R.S. 34:851.7, 851.9, 851.11, 851.12, 851.13, 851.14, 851.15, 851.16, 851.17, 851.18, 851.19, 851.20, 851.21, 851.23, 851.24, 851.27(C), and 851.30 shall be guilty of a class one violation, R.S. 56:31.
(2) In the event that a citation is issued for a violation of R.S. 34:851.20, for failure to have in one's possession the required boat registration certificate, such citation shall be voided if proof of a valid previously issued registration certificate is furnished to the authority which issued the citation not later than ten days after the issuance of the citation.
B. Any person who violates the provisions of R.S. 34:851.8 shall be guilty of a class four violation, R.S. 56:34.
C. Any person who violates any provision of R.S. 34:851.10 shall be guilty of a misdemeanor and shall be subject to a fine of five hundred dollars or imprisonment for not less than six months, or both.
D. Any person who violates R.S. 34:851.24(J) shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred and fifty dollars nor more than five hundred dollars or six months imprisonment, or both.
E.(1) Should the Greater New Orleans Expressway Commission determine that any vessel is in violation of any provision of R.S. 34:851.24(J) within the prohibited zone, it may impose against any such vessel owner or operator or charterer a civil penalty not exceeding one thousand dollars per vessel for each violation thereof. Any civil penalty imposed by the expressway commission may, in its discretion be suspended in whole or in part.
(2) For purposes of this Subsection, should the monitoring equipment indicate that Loran C equipment assigned to a particular operator has intruded into the prohibited zone defined in R.S. 34:851.2(11), proof of such indication shall constitute prima facie evidence that the operator to whom the equipment was assigned has violated R.S. 34:851.24(J)(2) and is liable for a civil penalty under this Subsection.
(3) The provisions of the Louisiana Administrative Procedure Act regarding administrative adjudications shall apply to civil penalty proceedings under this Subsection.
Acts 1984, No. 288, §1; Acts 1988, No. 552, §1, eff. July 14, 1988; Acts 1991, No. 966, §1; Acts 2003, No. 324, §1; Acts 2004, No. 238, §1; Acts 2009, No. 513, §2.
NOTE: See Acts 1988, No. 552, §2.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.32. Disposition of funds

RS 34:851.32 - Disposition of funds
A. Funds accruing to the state of Louisiana from registration fees paid by owners of motorboats and sailboats shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into the Aquatic Plant Control Dedicated Fund Account an amount equal to the total amount of the sums recovered as fees for motorboat and sailboat registrations in R.S. 34:851.20 and 851.23.
B. The revenues derived from the registration fees paid into the Conservation Fund pursuant to Subsection A of this Section shall be made available for the purpose of providing the necessary additional funds for the administration and enforcement of the provisions of this Part or for such other purposes as may be determined by the Louisiana Wildlife and Fisheries Commission.
C. Funds accruing to the state of Louisiana from the fees paid for the registration of houseboats shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay into the Derelict Houseboat Fund Account an amount equal to the total amount of the sums recovered as fees for houseboat registrations in R.S. 34:851.20.
Acts 1984, No. 288, §1; Acts 2018, No. 628, §1; Acts 2018, No. 698, §1; Acts 2019, No. 139, §1; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2021, No. 356, §1, eff. Nov. 15, 2021.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.33. Possession of outboard motor with serial number removed prohibited

RS 34:851.33 - Possession of outboard motor with serial number removed prohibited
A. No person shall knowingly or intentionally possess an outboard motor or motorboat from which the manufacturer's supplied identification plates bearing the serial number or hull identification number have been removed or altered.
B. An outboard motor or motorboat described in Subsection A shall be considered contraband and shall be disposed of as provided for in R.S. 15:41(B).
C. Whoever violates this Section shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars and cost of court.
Acts 1984, No. 288, §1; Acts 1987, No. 173, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.34. Powers not affected

RS 34:851.34 - Powers not affected
Nothing contained in this Part particularly R.S. 34:850.23 and R.S. 34:851.12 shall be construed to limit or affect the powers and functions or the structure and organization of a port commission or of a port, harbor, and terminal district.
Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.35. Filing false applications

RS 34:851.35 - Filing false applications
A. No person shall file a false application with this department for the benefit of obtaining a special marine event permit or in applying for a Louisiana boat registration certificate.
B. Violations of this Section shall be punishable by a five hundred dollar fine or imprisonment of not more than ninety days, or both.
Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.36. Boating safety education required

RS 34:851.36 - Boating safety education required
A. Except as provided in Subsection B of this Section, no person born after January 1, 1984, shall operate a motorboat powered by a motor in excess of ten horsepower unless he has successfully completed a boating safety class approved by the National Association of State Boating Law Administrators (NASBLA). A person who has completed an approved boating safety class shall be in possession of evidence of such completion when operating such a boat.
B.(1) A motorboat may be operated if any person on board or participating in any boating activity from the motorboat is over the age of eighteen and, if required to have completed a boating safety course under the provisions of Subsection A of this Section, has completed the required boating safety course.
(2) A person who is licensed by the United States Coast Guard as a captain to operate a vessel shall be exempt from the provisions of Subsection A of this Section.
(3) A person who is eighteen years of age or older may operate a motorboat rented from a boat livery if all of the following conditions are met:
(a) The lessor or authorized agent of the lessor provides the person with the following instruction and materials:
(i) Instruction in the safe and proper operation of the motorboat being rented.
(ii) A boating safety instruction video approved by the Department of Wildlife and Fisheries.
(iii) The latest Department of Wildlife and Fisheries publication on recreational boating rules, regulations, and safety.
(b) A rental contract is signed by the person and the lessor or authorized agent of the lessor that includes the following provisions:
(i) A statement that the operator received all boating safety instruction and materials required in this Paragraph.
(ii) A statement that the operator is not currently under suspension or revocation of the privilege to operate watercraft upon the waters of this state or any other state.
(c) The operator keeps a copy of the rental contract in his possession at all times while operating the motorboat.
(d) The livery retains a copy of the rental contract in its records for at least sixty days after termination of the rental and makes such records available for inspection by the Department of Wildlife and Fisheries.
(e) A person renting a motorboat from a livery shall only be authorized to operate such motorboat within forty-eight hours of completing the requirements of Subparagraph (a) of this Paragraph.
C. A violation of this Section shall be a class one violation subject to penalties and enforcement procedures as set forth in R.S. 56:31, except that any minor charged with violating the provisions of this Section who successfully completes a NASBLA-approved boating safety class shall have the penalty waived by the court and the court shall order the violation expunged.
Acts 2003, No. 921, §1, eff. July 1, 2003; Acts 2006, No. 281, §1; Acts 2009, No. 513, §3, eff. July 1, 2010; Acts 2011, No. 123, §1, eff. June 24, 2011; Acts 2022, No. 776, §1, eff. Jan. 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.1. Short title

RS 34:852.1 - Short title
This Part may be cited as the "Vessel and Motor Titling Act".
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S, eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.3. Certificate of title authorized

RS 34:852.3 - Certificate of title authorized
A. Any person who purchases or possesses either of the following to be principally operated on the waters of this state and not held as inventory for sale or lease may apply to the department for a certificate of title for the following:
(1) A vessel valued in excess of two thousand five hundred dollars and required to be numbered and transferred for the first time on or after July 1, 2008.
(2) An outboard motor transferred for the first time on or after January 1, 2011.
B. A person who is the owner of a vessel with a valid certificate of documentation issued by the United States Coast Guard shall not be issued a certificate of title.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011; Acts 2010, No. 628, §§1, 2; Acts 2023, No. 356, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.4. Application for certificate of title; form; content

RS 34:852.4 - Application for certificate of title; form; content
A. An application for a certificate of title may be made by the owner within sixty days after acquiring the vessel or outboard motor or after a change in the data listed on the certificate of title. The application shall be on forms prescribed and furnished by the department.
B. The application shall contain:
(1) The name and mailing address of the owner.
(2) The name and address of all persons having any liens or security interests upon the vessel or outboard motor in the order of their priority.
(3) A description of the vessel or outboard motor to be titled, including an entry for identification of the state or country in which the vessel or outboard motor was last numbered, titled, or registered under the laws of another jurisdiction or a foreign country, the name of the manufacturer or model, the model year or year built. In the case of a vessel, the application shall also include the complete hull identification number, vessel length, vessel type, principal material of hull construction, and propulsion type. In the case of an outboard motor, the application shall also include the serial number.
(4) The date of purchase or acquisition.
(5) The name and address of the former owner or seller.
(6) The date of sale and gross purchase price of the vessel or outboard motor, or the fair market value if no sale immediately preceded the transfer or, if the vessel or outboard motor was not purchased but acquired by other means, the date of the acquisition and the fair market value of the vessel or outboard motor at the time of the acquisition.
(7) The signatures of all owners certifying that statements made are true and correct to the best of the applicant's knowledge, information, and belief, under penalty of perjury.
(8) Any additional information the department requires.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.5. Acquisition of vessel or outboard motor by dealer

RS 34:852.5 - Acquisition of vessel or outboard motor by dealer
If a dealer buys or acquires a used outboard motor or numbered vessel for resale, the dealer shall report the acquisition to the department on forms the department provides, or the dealer may apply for and obtain a certificate of title as provided in this Part. If a dealer acquires a new vessel or outboard motor and he wishes to obtain a title for resale, the dealer may apply for and obtain a certificate of title as provided in this Part. Every dealer transferring a vessel or outboard motor he wishes to have titled shall assign the title to the new owner or the new owner's designee or, in the case of a new vessel or outboard motor, assign either the certificate of origin or, if titled, the title.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.6. Prohibition of vessel or outboard motor sale, assignment, or transfer without certificate of title or documentation

RS 34:852.6 - Prohibition of vessel or outboard motor sale, assignment, or transfer without certificate of title or documentation
A.(1) No person shall sell, assign, or transfer a vessel or outboard motor titled by the department or documented with the United States Coast Guard without delivering to the new owner or the new owner's designee a certificate of title or a certificate of documentation with an assignment in the new owner's name.
(2)(a) Notwithstanding the requirements of Paragraph (1) of this Subsection or any other law, regulation, or policy of the department to the contrary that requires the signature of a notary public on a document evidencing the transfer of ownership of a vessel or outboard motor, if a person sells, assigns, or transfers a vessel or outboard motor to a purchaser who obtains a secured loan from a federally insured financial institution that takes a security interest in the vessel or outboard motor, the bill of sale or seller's assignment of the certificate of title shall be signed by the seller and may, in lieu of being signed in the presence of a notary public, be signed in the presence of an authorized officer who shall verify the identity of the seller and subscribe his name as a witness.
(b) The federally insured financial institution shall provide the department with a separate document identifying the name and job title of the authorized officer for the purpose of verifying that the person signing as a witness is an authorized officer of that particular financial institution.
(c)(i) For the purposes of this Section, "authorized officer" shall mean any officer of a federally insured financial institution operating in Louisiana who is designated to witness a bill of sale or assignment of a certificate of title of a seller, on behalf of a federally insured financial institution, for the purpose of executing the transfer of either a vessel or an outboard motor.
(ii) A federally insured financial institution may designate one or more officers to serve as authorized officers.
B. The provisions of this Section shall not apply to vessel or outboard motor dealers and supervised financial organizations or licensed lenders as defined in R.S. 9:3516, when they acquire or dispose of such vessels or outboard motors in connection with enforcement of any security interest held therein.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011; Acts 2017, No. 305, §2.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.7. Certificate of title; form and content

RS 34:852.7 - Certificate of title; form and content
A. Each certificate of title shall contain:
(1) The name of the current owner.
(2) The address of the principal place of residence of an individual owner, and the address, including zip code, of the principal place of business of an owner that is not an individual.
(3) The date of title issuance.
(4) A description of the vessel or outboard motor, including the name of manufacturer or model, the model year or year built or manufactured. In the case of a vessel, the description shall also include the vessel identification number as required by 33 CFR 187.5, vessel length, vessel type, principal material of hull construction, and propulsion type. In the case of an outboard motor, the application shall also include the serial number.
(5) The name and address of each lienholder.
(6) The recording or perfection date of new security interests and original recording date of any security interests outstanding.
(7) Other items as required by the department.
B. Space must be provided on the certificate for assignment of interest in the vessel or outboard motor, with a certification that statements provided on the title assignment are true and correct to the best of the owner's knowledge, information, and belief, under penalty of perjury.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.8. Retention of records of title

RS 34:852.8 - Retention of records of title
The department shall retain the evidence used to establish the accuracy of the information required for vessel or outboard motor titling purposes and may make the evidence available to the United States Coast Guard and participating authorities upon request.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.9. Duplicate certificate of title

RS 34:852.9 - Duplicate certificate of title
The holder of an original title shall apply for a duplicate title after the discovery of the loss, theft, mutilation, or destruction of an original certificate of title. The department shall issue a duplicate certificate of title plainly marked "duplicate" on the face of the duplicate certificate of title upon application by the person entitled to hold such certificate if the department is satisfied that the original certificate has been lost, stolen, mutilated, destroyed, or has become illegible. The applicant shall furnish information, under penalty of perjury, concerning the original certificate and the circumstances of its loss, theft, mutilation, or destruction. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate. If a duplicate certificate of title has been issued and the lost or stolen original is recovered, the original shall be promptly surrendered to the department for cancellation.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.10. Manufacturer's or importer's certificate of origin required

RS 34:852.10 - Manufacturer's or importer's certificate of origin required
No dealer shall purchase or otherwise acquire a new vessel or outboard motor without obtaining from the seller a manufacturer's or importer's certificate of origin or equivalent document. No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new vessel or outboard motor to a dealer for purposes of resale without delivering to the dealer a manufacturer's or importer's certificate of origin or equivalent document.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.11. Manufacturer's or importer's certificate of origin; form and content

RS 34:852.11 - Manufacturer's or importer's certificate of origin; form and content
A. The manufacturer's or importer's certificate of origin, or equivalent document, shall be a uniform or standardized form.
B. Each manufacturer's or importer's certificate of origin shall contain:
(1) A description of the vessel or outboard motor, including the name of the manufacturer or model, the model year or year built or manufactured. In the case of a vessel, the description shall also include the complete hull identification number, vessel length, vessel type, principal material of hull construction, and propulsion type. In the case of an outboard motor, the description shall also include the serial number.
(2) An assignment form that contains as many assignments thereon as may be necessary to show title in the name of the purchaser, including the certification of date of transfer of vessel or outboard motor, the name and address of transferee, certification that the vessel or outboard motor is new, and a warranty that the vessel or outboard motor at the time of delivery is subject only to such liens and security interests as set forth and described in full in the assignment.
C. Such certificate of origin shall be in the English language or accompanied by an English translation if the vessel or outboard motor was purchased outside of the United States.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.12. Dealer's record of vessels bought, sold, or transferred

RS 34:852.12 - Dealer's record of vessels bought, sold, or transferred
Every dealer shall maintain for at least three years a record of any vessel or outboard motor bought, sold, exchanged, or received for sale or exchange. This record shall be available for inspection by department representatives during reasonable business hours.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.13. Hull identification number requirement; prohibitions

RS 34:852.13 - Hull identification number requirement; prohibitions
A. Each vessel shall have a hull identification number assigned and affixed. The department shall assign a hull identification number to an undocumented vessel not having a hull identification number at the time of numbering or application for a certificate of title after transfer of ownership or change of state of principal operation.
B. Vessels shall be assigned a hull identification number using the procedure set forth in R.S. 34:851.20(M). Hull identification numbers issued by the department shall be for identification purposes only and shall not guarantee the seaworthiness or certify compliance with safety standards as required by the United States Coast Guard.
C. A person shall not destroy, remove, alter, cover, or deface the manufacturer's hull identification number or the plate bearing it, or any hull identification number the department assigns to any vessel, without authorization from the department and the United States Coast Guard.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2010, No. 628, §1; Acts 2023, No. 356, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.14. Transfer or repossession of vessel or outboard motor by operation of law or court order

RS 34:852.14 - Transfer or repossession of vessel or outboard motor by operation of law or court order
A. In the event of a transfer by operation of law or order of a court of the title or interest of an owner in a vessel or outboard motor titled under the provisions of this Part, the transferee or the transferee's legal representative shall make application to the department for a certificate of title within sixty days of the transfer. The application shall be accompanied by the title previously issued, if available, or an original or authentic copy of the legal transfer document, together with such instruments or documents of authority, or copies thereof, satisfactory to the department as proof of ownership, and the required fee.
B. For purposes of this Part, transfer by operation of law or order of a court shall include transfers to anyone as legatee or distributee or as surviving joint owner or by an order in bankruptcy or insolvency, execution sale, repossession upon default in the performance of the terms of a lease or executory sales contract, or transfers pursuant to any written agreement ratified or incorporated in a decree or order of a court of record, or otherwise than by the voluntary act of the person whose title or interest is so transferred.
C. The provisions of this Section shall not apply to vessel or outboard motor dealers and supervised financial organizations or licensed lenders as defined in R.S. 9:3516, when they acquire or dispose of such vessels or outboard motors in connection with enforcement of any security interest held therein.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.15. Transfer of title; absence of executor or administrator of estate

RS 34:852.15 - Transfer of title; absence of executor or administrator of estate
If the titled owner is deceased and no one has qualified as administrator or executor of the owner's estate, a transfer may be made by a legatee or distributee. The legatee or distributee shall present to the department the original certificate of title, a copy of the decedent's death certificate, and a statement to the effect that there has not been or is not expected to be anyone who qualifies as executor or administrator. The statement shall contain the name, residence at the time of death, and date of death of the decedent, and the name of any other person having an interest in the vessel or outboard motor for which the title is to be transferred. If these persons are of legal age, they shall indicate in writing their consent to the transfer of the title.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.17. Certificate of origin; evidence of ownership; rebuttal

RS 34:852.17 - Certificate of origin; evidence of ownership; rebuttal
Issuance of a certificate of origin under provision of the law shall be prima facie evidence of ownership of a vessel or outboard motor and entitlement of the owner to a certificate of title, but such certificate of origin and certificate of title shall be subject to rebuttal.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.18. Forms; investigations

RS 34:852.18 - Forms; investigations
A. The department shall prescribe and provide suitable forms of applications, financing statements, certificates of title, and all other notices and forms necessary to carry out this Part.
B. The department may make necessary investigations to procure information required to carry out this Part.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.19. Adoption of rules and regulations

RS 34:852.19 - Adoption of rules and regulations
The department shall adopt the necessary rules and regulations to implement the provisions of this Part.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.20. Electronic media system for lien recordation and title information

RS 34:852.20 - Electronic media system for lien recordation and title information
The department is hereby authorized to develop and implement a computer system which will permit the voluntary electronic recording of information concerning the perfection and release of vessel or outboard motor security interests without submitting or receiving paper title documents. The department may allow the submission of vessel or outboard motor title information for new, transferred, and corrected certificates of title, including the perfection and release of security interests, through electronic media in a cost-effective manner in lieu of the submission and maintenance of paper documents otherwise required by this Part.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008; Acts 2009, No. 508, §2, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.21. Fees

RS 34:852.21 - Fees
A. The department shall charge the following fees:
(1) Certificate of title-eighteen dollars.
(2) Duplicate certificate of title-fifteen dollars.
(3) Notation of a security interest, whether a chattel mortgage, other security agreement, or other financing statement evidencing a security interest is recorded, on a vessel certificate of title-five dollars.
(4) Cancellation of a notation of a security interest-five dollars.
(5) The fees authorized under R.S. 10:9-525 et seq.
B. In addition, the department shall collect a handling fee of eight dollars for each certificate of title issued.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.22. Violations; penalties

RS 34:852.22 - Violations; penalties
Any person found in violation of this Part shall be fined not less than five hundred dollars but no more than one thousand dollars, imprisoned for not more than thirty days, or both, for each violation.
Acts 2007, No. 319, §2, eff. July 1, 2008; H.C.R. No. 25, 2008 R.S., eff. May 28, 2008.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:852.23. Titling abandoned and salvaged vessels and outboard motors

RS 34:852.23 - Titling abandoned and salvaged vessels and outboard motors
The department is authorized to adopt rules and regulations pursuant to the Administrative Procedure Act to establish guidelines and procedures for the registration and titling of vessels or outboard motors which are abandoned, salvaged, towed and stored abandoned vessels, court ordered transferred, and vessels or outboard motors which lack prior documentation of ownership.
Acts 2009, No. 508, §2, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:855.2. Definitions

RS 34:855.2 - Definitions
As used in this Part, "personal watercraft" means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.
Acts 1991, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:855.3. Regulation of personal watercraft

RS 34:855.3 - Regulation of personal watercraft
A. A person shall not operate a personal watercraft unless each person aboard is wearing a type I, type II, type III, or type V personal flotation device approved by the United States Coast Guard.
B. A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch shall attach such lanyard to his person, clothing, or personal flotation device as appropriate for the specific vessel.
C. A person shall not operate a personal watercraft at any time between sunset and sunrise unless equipped with navigational lights in accordance with the regulations of the United States Coast Guard.
D. A personal watercraft shall at all times be operated in a reasonable and prudent manner as defined in R.S. 34:851.5.
E. No person under the age of sixteen may operate a personal watercraft on the waters of this state.
F. It shall be unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit the same to be operated by a person under the age provided for in Subsection E of this Section.
G. A violation of any provision of this Section shall be a class one violation subject to penalties and enforcement procedures as set forth in Title 56 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 97, §1; Acts 1999, No. 12, §1; Acts 2004, No. 709, §1; Acts 2009, No. 27, §1; Acts 2023, No. 136, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:855.4. Regulation of liveries

RS 34:855.4 - Regulation of liveries
A. A livery shall not lease, hire, or rent a personal watercraft to or for operation by any person who is under sixteen years of age.
B. Any person violating this Section shall be fined according to R.S. 56:31.
Acts 1991, No. 97, §1; Acts 2009, No. 27, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:855.5. Exemptions

RS 34:855.5 - Exemptions
The provisions of R.S. 34:855.3 shall not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition.
Acts 1991, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:861. Debts recoverable from seamen

RS 34:861 - Debts recoverable from seamen
No keeper of a public or lodging house for seamen shall, at any time, recover from a seaman any debt exceeding one dollar, and no other person shall recover from any seaman a debt exceeding one dollar, after he has signed articles to proceed to sea, until the voyage for which he shipped is ended.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:862. Detaining effects of seamen for debt

RS 34:862 - Detaining effects of seamen for debt
No keeper of a public or lodging house for seamen shall withhold or detain any chest, bed or bedding, clothes, or tools, or other effects of any seaman, for any debt alleged to be due by the seaman. Any magistrate may, by warrant, cause the detained property to be seized and delivered to the seaman.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:863. Crews of foreign vessels working beyond ship's tackle; prohibition; penalty

RS 34:863 - Crews of foreign vessels working beyond ship's tackle; prohibition; penalty
No sailor or portion of the crew of any foreign sea-going vessel shall engage in working on the wharves or levee of the city of New Orleans beyond the end of the vessel's tackle.
Any officer, sailor or member of the crew of a foreign sea-going vessel, violating the provisions of this Section, shall be imprisoned not more than ten days.
The provisions of this Section do not apply to the officers, sailors or others of the crew of foreign vessels hailing from countries having any treaty or treaties with the United States to the contrary, nor to any contract or contracts of which the United States courts have jurisdiction.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:864. Certificate of discharge; master's duty to give

RS 34:864 - Certificate of discharge; master's duty to give
The master of every vessel arriving at any port shall give to every person shipped on board such vessel, who is entitled to his discharge, or who is discharged there, a certificate in the following form:
"A.B., one of the crew of the ship or vessel called the ________ of __________ on her voyage from ________ to ________ is hereby discharged.
Dated _____ of _______ in the year of ______
(Signed,)
C.D., Commanding said vessel."
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:865. Shipping seamen without discharges; penalty

RS 34:865 - Shipping seamen without discharges; penalty
No master of a vessel, nor any person for him, shall ship any seaman who does not produce a discharge, unless previously thereto he gives twelve hours' notice that such seaman has applied to be shipped without a discharge to all the masters of vessels then in port, who have, within two months next before, advertised any deserter from their vessels. Until the expiration of such time, the master of any vessel to whom such seaman may apply to be shipped, may detain him on board his vessel, to the end that he may be reclaimed if he is a deserter; but if such seaman is not reclaimed, it shall then be lawful to engage him without producing any such certificate. If any master of a vessel ships any seaman contrary to the provisions of this section, he shall forfeit fifty dollars, to be recovered by any person who will sue for the same.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:866. Proceedings when discharge refused

RS 34:866 - Proceedings when discharge refused
The justice of the peace of the port where a vessel has arrived, on the verbal complaint of any person that he is entitled to receive his discharge, and that the same is denied by the master of the vessel to which he belonged, shall issue a citation, directed to the master, commanding him to appear before him, to show cause why such certificate should not be granted; the justice shall examine, in a summary way, into the circumstances of the case, and if he finds that the seaman is entitled to his discharge, he shall give judgment to that effect; and if the discharge has been previously demanded and refused, he shall add to the judgment an order that the defendant pay to the complainant ten dollars for his damages, and pay the costs of the proceedings; a copy of so much of the judgment as orders the discharge, shall be given to the complainant, which shall have all the effects of a legal discharge.