New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 104 - Vessels › Section 104.3 - Registration procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Place
				  of application for registration. A boat dealer registered in this State making
				  application for a boat registration (and certificate of title, if appropriate)
				  on behalf of the transferee must mail an application for registration, the
				  proper fee and required documentation to the central processing unit of the
				  department. Any other person making application for a boat registration (and
				  certificate of title, if appropriate) must mail or deliver an application,
				  proper fee and appropriate documentation to any district office of the
				  department or any office of a county clerk acting as agent of the commissioner
				  for the issuance of boat registrations. For the renewal of a boat registration,
				  the completed renewal application and fee should be sent in accordance with the
				  directions on the renewal invitation. Any amendment to a boat registration or
				  application for a duplicate boat registration may be made by mail or in person
				  at a district office of the department or at any office of a county clerk
				  acting as agent of the commissioner for the issuance of boat
				  registrations.
(b) Registrant. In
				  order to comply with Federal regulations, a registration must be in the name of
				  the owner of the boat.
(c) Evidence
				  of ownership. In order to register (and title, if appropriate) a boat,
				  acceptable evidence of ownership must be submitted with the application.
(1) For a new boat required to be titled,
				  acceptable evidence of ownership shall consist of a manufacturer's statement or
				  certificate of origin.
(2) For a
				  used boat required to be titled, acceptable evidence of ownership shall consist
				  of:
(i) a certificate of title if the boat was
				  previously titled in this State or in any other jurisdiction which required a
				  certificate of title for that boat; or
(ii) a transferable registration if the boat
				  was previously registered in a jurisdiction which did not require that boat to
				  be titled.
(3) For a new
				  boat not required to be titled, acceptable evidence of ownership shall consist
				  of:
(i) a manufacturer's statement or
				  certificate of origin; or
(ii) if
				  no such statement or certificate was issued by the manufacturer, a bill of sale
				  from the dealer containing a listing of owners or assignees of the boat from
				  the manufacturer to the current selling dealer.
(4) For a used boat not required to be
				  titled, acceptable evidence of ownership shall consist of:
(i) a certificate of title if the boat was
				  last titled in a jurisdiction which required a certificate of title for the
				  boat; or
(ii) a transferable
				  registration if the boat was last registered in this State or in another
				  jurisdiction in which a certificate of title was not required for that
				  boat.
(5) For a homemade
				  boat, acceptable evidence of ownership shall consist of supporting
				  documentation with respect to acquisition of parts and proof of the assignment
				  and the affixing of a hull identification number provided by the Office of
				  Parks, Recreation and Historic Preservation.
(6) Documented boats. Notwithstanding the
				  foregoing requirements of this subdivision, if the evidence of ownership
				  submitted with an application for registration (and title, if appropriate)
				  consists in whole or in part of documentation issued by the United States Coast
				  Guard or similar agency of any foreign government, such document shall be
				  acceptable as evidence of ownership. However, the provisions of paragraph (8)
				  or (9) of this subdivision, whichever may be appropriate, with respect to proof
				  of transfer of ownership shall also apply.
(7) Manufacturer's statement or certificate
				  of origin. A manufacturer's statement or certificate of origin must be issued
				  by the manufacturer of the boat or by a duly designated agent of such
				  manufacturer and must contain at least the following: identification as a
				  certificate or statement of origin for a boat, the name and address of the
				  manufacturer, the date of the statement or certificate, an identifying number,
				  the hull identification number of the boat, the year, make, model and length of
				  the boat, the name and address of the distributor or dealer to whom the boat
				  has been transferred, a statement that such transfer is the first transfer of a
				  new boat in ordinary trade and commerce, the signature of an authorized
				  representative of the manufacturer and on the reverse must contain appropriate
				  language for at least two distributor-dealer assignments including lien
				  information.
(8) Dealer transfers.
				  In addition to the documentation listed above, upon the sale of a boat by a
				  registered New York dealer, a copy of the dealer's bill of sale conforming to
				  section
				  104.6(g) 
				  of this Part must also be submitted as evidence of ownership, as well as
				  documentation of prior transfers between dealers evidenced by appropriate
				  assignments on the manufacturer's statement or certificate of origin, or bills
				  of sale.
(9) Nondealer transfers.
				  In any case in which a boat has been transferred, other than by a registered
				  New York State dealer, if the document which is evidence of ownership does not
				  provide for the transfer of ownership on that document, a copy of the bill of
				  sale showing the name and address of the seller, a complete description of the
				  boat including make, model year, hull identification number, hull material,
				  length, type of propulsion, if any, the name and address of the purchaser, the
				  date of sale and the purchase price shall also be required to be submitted. In
				  addition, if there is more than one transfer of ownership since the last
				  registration certificate or certificate of title submitted as evidence of
				  ownership, documentation of all prior transfers, evidence by appropriate
				  assignments of certificates of title, registration certificates or bills of
				  sale must be submitted.
(10)
				  Nonvoluntary sales or transfers. Proof of the right to sell or transfer and
				  proof of compliance with appropriate procedures for such sale or transfer must
				  be submitted after a nonvoluntary sale or transfer such as upon foreclosure of
				  a lien, after a repossession, in accordance with a court order or on sale or
				  transfer of an abandoned or confiscated boat.
(11) Discretionary approval. Notwithstanding
				  the foregoing provisions of this subdivision, in the absence of a transferable
				  registration or a certificate of title, an affidavit of ownership and/or any
				  other document may be accepted, at the discretion of the commissioner, as proof
				  of ownership. However, with respect to boats required to be titled, this
				  discretion shall ordinarily be exercised only when the history of the boat
				  consists solely of ownership in a jurisdiction which requires neither the
				  registration nor titling of such a boat nor any other form of documentation for
				  such boat.