reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 6 - Waterway Marking System › Section 7007 - Other Waterway Marking Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mooring Buoys. In order that mooring
				  buoys shall not be mistaken for aids to navigation or regulatory markers, they
				  shall be white, with a blue band clearly visible above the waterline.
(b) Placement of markers such as mooring
				  buoys and permanent race course markers will be processed in the same manner as
				  waterway markers.
(c) Such markers
				  shall not be of a color, shape, configuration or marking which could result in
				  their confusion with any federal or state aid to navigation or any state
				  regulatory marker, and shall not be placed where they will obstruct navigation,
				  cause confusion, or constitute a hazard.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No. 41). 2. Amendment of
					 subsection (a) filed 11-25-87; operative 12-25-87 (Register 87, No.
					 49).
Note: Authority cited: Section
						659,
						Harbors and Navigation Code. Reference: Sections
						650
						and
						659,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 6 - Waterway Marking System › Section 7008 - The Divers Flag

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A red
				  flag with a white diagonal running from the upper left hand corner to the lower
				  right hand corner (from masthead to lower outside corner) and known as the
				  "Divers Flag" shall when displayed on the water, indicate the presence of a
				  person engaged in diving in the water in the immediate area.
(b) Recognition of this flag by regulation
				  will not be construed as conferring any rights or privileges on its users, and
				  its presence in a water area will not be construed in itself as restricting the
				  use of the water area so marked.
(c) Operators of vessels will, however,
				  exercise precaution commensurate with conditions indicated.
(d) This flag may be displayed only when
				  diving is in progress, and its display in a water area when no diving is in
				  progress is that area will constitute a violation of the regulation and of
				  section
				  659
				  of the Harbors and Navigation Code.
(e) Nothing in this section will require the
				  carriage of a divers flag for any purpose.
1. Editorial
					 correction on NOTE filed 10-11-85 (Register 85, No. 41).
2.
					 Amendment of subsection (d) substituting "may" for "shall" and new subsection
					 (e) filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Section
						659,
						Harbors and Navigation Code. Reference: Sections
						650,
						and
						659,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 6 - Waterway Marking System › Section 7009 - The Ski Flag

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A red
				  or orange flag measuring no less than 12 inches on each side, in the shape of a
				  square or rectangle, mounted or displayed in such a manner as to be visible
				  from every direction shall be known as a ski flag.
(b) The use of this flag will not be
				  construed as conferring any rights or privileges on its users, and its display
				  will not be construed in itself as restricting the use of the water in the
				  vicinity of the vessel displaying the flag.
(c) Operators of vessels will, however,
				  exercise precaution commensurate with conditions indicated.
(d) The ski flag shall be displayed when one
				  or more of the following conditions exists.
(1) A downed skier.
(2) A skier in the water preparing to
				  ski.
(3) A ski line extended from
				  the vessel.
(4) A ski in the water
				  in the vicinity of the vessel. The ski flag shall not be displayed at any other
				  time.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 7 - For Hire Vessel Operator's License › Section 7500 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in
				  Article 2, (commencing with Section
				  760) Chapter 5 of Division 3,
				  Harbors and Navigation Code, the terms "carrying more than three passengers for
				  hire" and "carrying passengers for hire" mean the carriage of more than three
				  persons by a vessel for a valuable consideration, whether directly or
				  indirectly flowing to the owner, charterer, operator, agent or any other person
				  interested in the vessel.
(b)
				  "Passenger" means every person, other than the master and a member of the crew
				  or other persons employed or engaged in any capacity on board a vessel in the
				  business of that vessel.
(c)
				  "Department" means the Department of Boating and Waterways.
1. Amendment
					 of Article 7 ( §§
											7500 through
					 7505) filed 5-11-71; effective
					 thirtieth day thereafter (Register 71, No. 20). For prior history see Registers
					 66, No. 43 and 69, No. 8.
2. Amendment of subsection (a) filed
					 1-18-77; effective thirtieth day thereafter (Register 77, No. 4).
3.
					 Amendment filed 2-16-79 as procedural and organizational; effective upon filing
					 (Register 79, No. 7).
4. Amendment of subsection (a) filed 5-13-80;
					 effective thirtieth day thereafter (Register 80, No. 20).
5.
					 Editorial correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						770,
						Harbors and Navigation Code. Reference: Section
						760,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 7 - For Hire Vessel Operator's License › Section 7501.1 - Time Periods for Processing for-Hire Vessel Operator's License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  shall notify the applicant, in writing, within 10 days from receipt of
				  application that the application is complete, or that the application is
				  deficient, and what specific information is required.
(b) The Department shall then process the
				  completed application for license, as required by Sections
				  762 and/or 767 of the Harbors and
				  Navigation Code, and reach a decision to issue a license within 30 to 90 days,
				  the median being 60 days.
1. New
					 section filed 10-31-83; effective thirtieth day thereafter (Register 83, No.
					 45).
Note: Authority cited: Section
						764,
						Harbors and Navigation Code. Reference: Sections
						762,
						765
						and
						766,
						Harbors and Navigation Code; and Section
						15376(a)-(c),
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 7 - For Hire Vessel Operator's License › Section 7502 - Grounds for Refusal to Issue License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may refuse to issue a license for any of the
					 following reasons:
(a) Failure of the
				  applicant to meet the requirements set forth in Subdivisions (1) through (6) of
				  Subsection
				  7501(a).
(b) Habitual use by the applicant of
				  intoxicating liquor, or any narcotic drug, barbiturate or marijuana.
(c) Material misrepresentation or false
				  statements in any application.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						770,
						Harbors and Navigation Code. Reference: Section
						766,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 7 - For Hire Vessel Operator's License › Section 7503 - Renewal of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following are the requirements for renewal of
					 licenses:
(a) Applicant must present
				  evidence of satisfactory operation of vessels during the past five years,
				  including at least one year of operation of the type of motorboat or motor
				  vessel for which license was issued, on the type of water for which license was
				  issued, or present other experience of training which, in the judgment of the
				  Department, is a reasonable equivalent.
(b) Applicant must submit a report, on forms
				  provided by the Department, of a medical examination by a licensed physician
				  within 60 days of the date of the application for renewal indicating:
(1) Diseases and other defects. Conditions
				  such as epilepsy, insanity, senility, acute general disease or neurosyphilis,
				  badly impaired hearing, or other defect that would render the applicant
				  incompetent to perform the ordinary duties of a licensed operator are grounds
				  for refusal to renew a license.
(2)
				  Possession, either with or without glasses, of at least 20/20 vision in one eye
				  and at least 20/40 in the other. The applicant who wears glasses, however, must
				  also be able to pass a test without glasses of at least 20/100 in both
				  eyes.
(3) Unimpaired color sense as
				  tested by a test utilized by the U.S. Coast Guard to determine color sense, or
				  a similar test. This requirement may be waived if the operation of vessels
				  under the license will be limited to hours of daylight; provided that any
				  license renewed on the basis of such waiver will be limited to operation of
				  vessels during hours of daylight.
(4) Any of the requirements of this
				  subsection (b) may be waived where the Department determines that because of
				  exceptional and unusual experience and skill or because of other unusual
				  qualifications, the applicant evidences that he is a reliable and competent
				  operator of the type of vessel for which he requests license to operate, on the
				  water on which he requests license to operate. In granting any such waiver, the
				  Department may impose such restrictions, limitations and conditions on the
				  operations of for-hire vessels by such applicant as the Department deems
				  necessary for the safety and protection of all persons carried on board such
				  vessels.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 7 - For Hire Vessel Operator's License › Section 7504 - Provisions Affecting Use of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No licensee or holder of an operator's
				  license shall operate any for-hire vessel in violation of the terms and
				  conditions upon which such license is issued, nor shall operate any vessel
				  carrying passengers for hire subject to the provisions of this article, other
				  than of the type designated on his license nor operate such vessel on any
				  waters other than those designated on his license.
(b) The licensee shall notify the Department
				  of any change of address within 30 days of such change.
(c) The operator of any vessel subject to the
				  provisions of this article and article 2 (commencing with section
				  760) chapter 2, division 3, of the
				  harbors and navigation code, shall have his license as operator in his
				  possession and available for examination at all times when the vessel in being
				  operated.
1. New NOTE
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Section
						770,
						Harbors and Navigation Code. Reference: Sections
						761,
						767
						and
						769,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 7 - For Hire Vessel Operator's License › Section 7505 - Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  may make periodic or special investigation of any licensee to ascertain his
				  competence and physical condition with respect to operating for-hire
				  vessels.
(b) The Department may
				  investigate the operation of any vessel subject to this article and article 2
				  (commencing with section
				  760) chapter 2, division 3 of the
				  Harbors and Navigation Code, for the sole purpose of ascertaining compliance
				  therewith.
1. New NOTE
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Section
						770,
						Harbors and Navigation Code. Reference: Sections
						764,
						765,
						766,
						767
						and
						769,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7602 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Advertising of
				  any service for which a license is required under the provisions of the Yacht
				  and Ship Brokers Act shall disclose the name of the business as shown on the
				  required license.
(b) In addition
				  to the name of the broker on signs or in advertising, the words "licensed yacht
				  broker," "yacht broker," "ship broker," or "boat broker," or "brokerage" in
				  each such context may be used to indicate that the broker is a licensed yacht
				  broker.
(c) No person, firm, or
				  corporation may use any of the designations set forth in subdivision (b) hereof
				  unless duly licensed under the Yacht and Ship Brokers Act, or otherwise
				  exempted by law.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Section
						708,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7603 - Investigative Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may, with reasonable cause
				  to suspect that a person or business is acting in the capacity of a broker,
				  investigate that person or business to ascertain whether a license is or is not
				  required.
(b) The department shall
				  have authority to investigate and take lawful action deemed advisable with
				  regard to complaints against brokers or salesmen acting only in a capacity for
				  which they must be licensed.
(c)
				  Any person, including a partnership or corporation purchasing used yachts for
				  resale or taking yachts in trade for resale, shall transfer actual title to any
				  such yacht into his name, or have in his possession, subject to inspection by
				  the department, a good and sufficient bill of sale or other fit evidence of
				  title if such person or firm wishes to claim exemption from licensing
				  requirements of the Yacht and Ship Brokers Act.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						703,
						706,
						720,
						732,
						733
						and
						734,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7604 - Trust Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  the absence of the broker, a licensed salesman authorized in writing by the
				  broker, or other persons authorized by this section to make withdrawals from
				  trust accounts, shall make deposits to trust accounts pursuant to section
				  714
				  of the Harbors and Navigation Code.
Withdrawals shall not be made from a trust account
					 maintained as provided by section
					 714
					 of the Harbors and Navigation Code except upon the signature of at least one of
					 the following:
(1) The
				  broker;
(2) A salesman, or group of
				  salesmen jointly who are in the employ of the broker and who have been
				  authorized in writing by the broker to make withdrawals from such trust
				  accounts. The broker shall not authorize more than one salesman or group of
				  salesmen at any one time to make such withdrawals;
(3) Where the licensee is a corporation, any
				  corporate officer who may be designated in writing by the
				  corporation.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7605 - Shared Listings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a broker intends to or does share a listing with other
					 brokers, he must obtain authorization in writing from his principal to do so in
					 his authorization to sell (listing agreement).
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Section
						716,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7606 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to license examination fees required by
					 Sections
					 717
					 and
					 718
					 of the Harbors and Navigation Code to accompany applications for licenses, all
					 other appropriate fees prescribed by Section
					 736 shall accompany such
					 applications.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						717,
						718
						and
						736,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7606.1 - Time Periods for Processing Yacht and Ship Broker, Salesman, and Associated Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall notify the applicant, in writing, within 10 days from
				  receipt of application, that the application is complete, or that the
				  application is deficient, and what specific information is required.
(b) The Department shall then process the
				  completed application for license(s), as required by Sections
				  717,
				  718,
				  722,
				  723,
				  724,
				  725,
				  727,
				  728,
				  729, and/or 735, Harbors and
				  Navigation Code, and reach a decision to issue a license within 30 to 90 days,
				  the median being 60 days.
1. New
					 section filed 10-31-83; effective thirtieth day thereafter (Register 83, No.
					 45).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						717,
						718
						and
						724,
						Harbors and Navigation Code; and Section
						15376(a)-(c),
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7607 - Written Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant who fails to appear for a scheduled written
					 examination without notifying the Department prior to the exam date shall
					 forfeit the examination fee and be required to pay an additional exam fee prior
					 to taking any subsequent examination.
1. Repealer
					 and new section filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						717,
						718
						and
						721,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7608 - Broker Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to those persons specified in
				  Section
				  719
				  of the Harbors and Navigation Code, if an individual can show that department
				  records are incorrect, and he can, in fact, prove that he has been employed as
				  a licensed Yacht and Ship Broker or Salesman for at least one year within the
				  preceding five years, such applicant shall be deemed qualified to take the
				  Yacht Broker's examination for a Yacht and Ship Broker's License.
(b) In addition to applicants described in
				  Section 719(d), every
				  applicant for a broker's or salesman's license and every person entitled to act
				  in the capacity of a broker on behalf of a corporation or partnership shall be
				  at least 18 years of age.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Section
						719,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7609 - License Reinstatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application for reinstatement of a license shall be on a
					 form furnished by the department and must be accompanied by the appropriate
					 fees.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						726
						and
						736,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7610 - License Renewal (Failure to) Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) Any licensee who has failed to notify the
				  department of a change of address, business structure, or in the case of a
				  salesman, employing broker prior to renewal of license, and who does not submit
				  the proper fee or fees for such change along with his renewal application and
				  whose renewed or changed license is delayed beyond the expiration date of the
				  license all or partly because of such failure, shall be subject to the penalty
				  for reinstatement under provisions of Section
				  724(b)
				  of the Harbors and Navigation Code.
1. Order of
					 Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code
					 Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
2.
					 Editorial correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						722,
						723,
						724,
						726
						and
						738,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7611 - Temporary Salesman's License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of Section
				  719(a)
				  of the Harbors and Navigation Code, experience while holding a temporary
				  license as a salesman shall not be considered as partial experience necessary
				  to qualify for a broker's license.
(b) In the event a salesman having the only
				  temporary license permitted by subsection
				  725(a)
				  of the Harbors and Navigation Code does not obtain a permanent license, and two
				  years have passed since the expiration date of such temporary license, the
				  department may issue another temporary license, pursuant to provisions of
				  subsection
				  726(a)
				  of the Harbors and Navigation Code.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						719,
						725 and
						726, Harbors and
						Navigation$Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7612 - Salesman's License, Transfer of, Restrictions on Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A temporary
				  license to act as a salesman will be issued only to an applicant who has valid
				  employment as such salesman with a duly licensed broker.
(b) A salesman's license or temporary
				  salesman's license shall become inoperative upon the termination of such
				  salesman's employment by a licensed broker, or upon the suspension or
				  revocation of the employing broker's license. However, such salesman's license
				  may be transferred to another licensed broker upon the holder's request. Such
				  request for transfer must be accompanied by an application, as prescribed by
				  the department, in writing executed by the new broker and the appropriate
				  fee.
(c) No salesman shall
				  associate himself with more than one broker concurrently.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						719,
						725
						and
						726,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7613 - Corporation and Partnership Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A broker's license issued to a
				  corporation or partnership shall disclose the name and license number of the
				  corporation or partnership, along with the name of the officer or partner
				  entitled to act on behalf of the corporation or partnership. Additional
				  licenses issued to other officers or partners acting on behalf of the
				  corporation or partnership only shall disclose the name and license number of
				  the corporation or partnership, followed by the name of such additional
				  officers or partners. In the event the corporation or partnership is dissolved,
				  all licenses disclosing the name and number of the corporation or partnership
				  become invalid.
(b) In the event a
				  licensed partner of a partnership, who is also licensed as a broker on his own
				  behalf while acting on behalf of the partnership, violates any provision of the
				  Yacht and Ship Brokers Act or regulations pertaining thereto, which is grounds
				  for suspension or revocation of a license, both licenses may be suspended or
				  revoked, and if necessary, either or both bonds attached. If such licensed
				  partner, while acting on his own behalf commits such violation, his licenses to
				  act on his own behalf and on behalf of the partnership are both subject to such
				  suspension or revocation, and if necessary, his bond is subject to
				  attachment.
(c) In the event a
				  licensed officer of a corporation, who is also licensed as a broker on his own
				  behalf while acting on behalf of the corporation, violates any provision of the
				  Act or regulations pertaining thereto which is grounds for suspension or
				  revocation of a license, both licenses may be suspended or revoked, and if
				  necessary, either or both bonds attached. If such licensed officer of a
				  corporation, while acting on his own behalf commits such violation, his
				  licenses to act on his own behalf and on behalf of the corporation are both
				  subject to such suspension or revocation and his bond is subject to
				  attachment.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						728
						and
						729,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7614 - Broker's Bond or Deposit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Yacht and Ship Broker's Bond Endorsement used shall be of the form
				  prescribed and provided by the department.
(b) The department may not release its
				  interest in a cash deposit made pursuant to section
				  731
				  of the Harbors and Navigation Code until a surety bond, dated to include the
				  period for which the cash deposit was made, is filed with the
				  department.
(c) The period required
				  by subsection (b) will not exceed four years.
1. New
					 subsections (b) and (c) filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						730
						and
						731,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7615 - Coercive and Oppressive Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall constitute coercive and oppressive methods within
					 the meaning of Section
					 732, subsection (g) of the Harbors
					 and Navigation Code, if a licensee who is also the owner, operator, or
					 otherwise in charge of a landing pier or mooring place:
(a) Exacts or demands all or part of a
				  broker's fee or commission from the sale by the owner or any other licensed
				  broker or salesman of any yacht or boat moored at said landing pier or mooring
				  place solely because said yacht or boat was or is moored at such pier or
				  landing place;
(b) Expels or denies
				  or refuses to permit the continued use or lease of such landing pier or mooring
				  place by an owner of a boat or yacht for the reason that said boat or yacht is
				  listed for sale with another licensee;
(c) Expels or denies or refuses to permit the
				  continued use or lease of such landing pier or mooring place by the purchaser
				  of a boat or yacht moored at such landing pier or mooring place because another
				  licensee had made the sale of such boat or yacht.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No. 41).
2.
					 Amendment of first paragraph filed 7-24-96; operative 8-23-96 (Register 96, No.
					 30).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						732
						and
						733,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7616 - Definite Place of Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A definite place of business shall mean premises owned,
					 rented, or leased by the broker which premises shall be locatable at a street
					 address or road intersection and/or slip number, if applicable. A post office
					 box and/or telephone number shall not be considered a definite place of
					 business.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Section
						735,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7617 - Branch Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any broker who regularly transacts business at a location other than his
				  established principal office, or who employs other brokers or salesmen to do so
				  shall be deemed to be maintaining a branch office at such location.
(b) A temporary exhibit of less than three
				  weeks duration at a county or state fair or an organized boat or sport show
				  shall not be deemed a branch office.
(c) If a broker uses more than one fictitious
				  business name at the same location, a separate branch office license shall be
				  obtained in addition to the current principal or branch office license at that
				  location.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No. 41).
2. New
					 subsection (c) filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						708
						and
						735,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7618 - Identification Card

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  broker's identification card shall be issued only to the person named on the
				  license, and there shall also appear on such card the name of the corporation,
				  partnership or association which he represents. The broker to whom such
				  identification card is issued shall place his signature thereon.
(b) A salesman's identification card shall be
				  issued only to a licensed salesman, and shall bear the name of the employing
				  licensed broker. The salesman shall place his signature thereon.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Section
						735,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7619 - Broker-Salesman Relationship Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every broker shall have a written agreement with each of
					 his salesmen, whether licensed as a salesman or as a broker under a
					 broker-salesman arrangement. The agreement shall be dated and signed by the
					 parties and shall cover material aspects of the relationship between the
					 parties.
Signed copies of the agreement shall be retained by the
					 parties thereto, and shall be available for inspection by the department or its
					 designated representative on request.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Section
						703,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7620 - Retention of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensed broker shall retain for four years copies of all
					 listings, deposit receipts, cancelled checks, trust records, and other
					 documents executed by him or obtained by him in connection with a transaction
					 for which a Yacht and Ship Broker's License is required. Upon request, these
					 records shall be made available to the Department for their
					 inspection.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						703,
						714,
						715
						and
						716,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7621 - Government Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the holder of a Yacht and Ship Broker or Salesman's
					 License is required to relinquish his license to assume an office in local,
					 state, or federal government, he may have it reinstated at any time within six
					 months of termination of his service in such office upon payment of the
					 appropriate renewal fee.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Section
						724,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7622 - Property Taxes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any agreement between a buyer and seller of a yacht
					 negotiated by a broker to prorate personal property taxes for a twelve-month
					 period shall specify the applicable tax year and the date of the commencement
					 of such twelve-month period, and shall clearly state the actual amounts payable
					 by the seller and buyer.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						703
						and
						716,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 8 - Yacht and Ship Broker Licenses › Section 7623 - Offers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  must present or cause to be presented to the owner of the vessel any offer to
				  purchase received prior to the completion of a sale, unless expressly
				  instructed by the owner not to present such an offer.
(b) A licensee shall not present competing
				  offers to purchase a vessel to the owner in such manner as to induce the owner
				  to accept an offer which will provide the greatest compensation to the
				  licensee, without regard to the benefits, advantages, and/or disadvantages to
				  the owner.
1. New
					 section filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Section
						703,
						Harbors and Navigation Code. Reference: Sections
						709
						and
						716(c),
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7700 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 9 (sections
					 7700-7710) filed 12-3-85;
					 effective thirtieth day thereafter (Register 85, No. 49).
2.
					 Repealer filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Sections
						621
						and
						652,
						Harbors and Navigation Code. Reference: Sections
						610,
						611,
						612,
						615,
						616,
						617,
						618,
						620
						and
						622,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7701 - Applications for Certificate of Registration of a Small Boat Towing Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Sections
						621
						and
						652,
						Harbors and Navigation Code. Reference: Sections
						611,
						615,
						616
						and
						622,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7702 - Requirements for Certificate of Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (d)(3) filed 8-28-86; effective thirtieth day thereafter
					 (Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90
					 (Register 90, No. 17).
Note: Authority cited: Sections
						615,
						621
						and
						652,
						Harbors and Navigation Code. Reference: Chapter 4.3 (commencing with section
						610), Division 3, Harbors and
						Navigation Code; and Section
						1760.5,
						Insurance Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7703 - Partnership Certificate of Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (d)(3) filed 8-28-86; effective thirtieth day thereafter
					 (Register 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90
					 (Register 90, No. 17).
Note: Authority cited: Sections
						621
						and
						652,
						Harbors and Navigation Code. Reference: Section
						611,
						612
						and
						615,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7704 - Corporation Certificate of Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of section heading filed 8-28-86; effective thirtieth day thereafter (Register
					 86, No. 35).
2. Repealer filed 4-2-90; operative 5-2-90 (Register
					 90, No. 17).
Note: Authority cited: Sections
						621
						and
						652,
						Harbors and Navigation Code. Reference: Section
						611,
						612
						and
						615,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7705 - Authorized Operators. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Sections
						621
						and
						652,
						Harbors and Navigation Code. Reference: Sections
						611,
						612,
						615
						and
						622,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7706 - Grounds for Refusal to Issue Certificate of Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7707 - Suspension of Certificate of Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7707.1 - Refusal to Issue. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
Note: Authority cited: Sections
						621
						and
						652,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7708 - Provisions Affecting Use of Certificate of Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7709 - Time Periods for Processing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 9 - Small Boat Towing and Safety › Section 7710 - Arbitration Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 4-2-90; operative 5-2-90 (Register 90, No.
					 17).
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 10 - Boating Safety Education Regulations › Section 8000 - Criteria for Required Boating Safety Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall approve and maintain
				  an approved listing of boating safety education courses.
(b) Boating safety education courses approved
				  by the Department shall be general, entry level courses. The courses shall
				  contain at least the following elements or subjects:
(1) Boating laws and regulations
(2) Rules of the road and navigational
				  lights
(3) Safety and
				  responsibility
(4) Required
				  equipment
(5) Basic boat
				  handling
(6) Navigational aids
				  (Uniform State Waterway Marking System)
(7) Boating operation emergencies and
				  accidents
(8) Alcohol
(9) Weather.