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 104.6 - Registration of boat dealers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Section 2257  of the Vehicle and Traffic Law
				  requires that any person engaged in the business of buying, selling or trading
				  boats be registered with the commissioner as a boat dealer. However, that
				  section exempts from the registration requirement, a person who sells no boats
				  other than boats determined by the commissioner to be boats or devices which
				  would not ordinarily be considered as usable for transportation on water. For
				  the purposes of that section and this regulation, any boat or device which is
				  not designed to be equipped with a motor by which it can be mechanically
				  propelled, provided it is not sold with a motor for such use, shall not be
				  considered as usable for transportation on water.
(b) A person applying for registration as a
				  boat dealer shall submit to the commissioner the appropriate registration fee
				  together with an application form or forms supplied by the commissioner
				  completed and submitted in the manner prescribed on such form. A separate boat
				  dealer registration must be obtained for each separate location at which a
				  person is operating as a boat dealer.
(c) A dealer registration shall not be issued
				  unless the commissioner is satisfied that the applicant has a place of business
				  which is either owned by the applicant or leased to him for a period of at
				  least one year, and such place of business contains a structure of sufficient
				  substance to adequately provide for the transaction of business and to afford
				  reasonable security for records required to be kept by the dealer. The
				  commissioner shall require the applicant to display a sign or other acceptable
				  means of identification visible to the public which contains the name of the
				  applicant as it appears on the application for registration and the applicant's
				  status as a registered boat dealer. In addition, proof of compliance with other
				  statutory requirements, such as worker's compensation, shall also be required
				  to be filed. However, the commissioner may issue a temporary registration
				  pending final approval of an application.
(d) A registered dealer shall not hold a boat
				  for sale on the dealer premises unless the dealer has acceptable evidence of
				  ownership or evidence of right to possession of the boat nor shall the dealer
				  sell or transfer a boat unless acceptable evidence of ownership is in the
				  dealer's possession at the time of sale.
(e) As hereinafter provided, a registered
				  boat dealer must either provide the transferee with acceptable evidence of
				  ownership and a bill of sale which conforms to the requirements of subdivision
				  (g) of this section or the dealer must submit such evidence of ownership and a
				  copy of such bill of sale to the commissioner along with an application for
				  registration on behalf of the transferee and the appropriate registration
				  fee.
(f) Whenever a dealer issues a
				  temporary registration the dealer must make application for registration (and
				  certificate of title, if appropriate) to the commissioner on behalf of the
				  registrant. Whenever a dealer transfers a boat which is required to be titled
				  in this State and which is subject to a security interest, the dealer must make
				  application to the commissioner for registration and title on behalf of the
				  transferee. A dealer may make application for registration (and certificate of
				  title, if appropriate) in this State for any other boat transferred by the
				  dealer if the transferee agrees. In any case in which the dealer makes such
				  application for registration (and certificate of title, if appropriate) in this
				  State, the dealer must deliver to the transferee a copy of the application for
				  registration, copies of all evidence of ownership, and the original of the bill
				  of sale which he submitted to the commissioner. Whenever a dealer makes
				  application for registration and/or title in this State on behalf of his
				  transferee, such application to the commissioner must be made by mail to the
				  central processing unit of the department.
(g) Bill of sale. Every bill of sale issued
				  by a registered boat dealer shall be consecutively numbered with a unique bill
				  of sale identification number and shall contain the name and address of the
				  dealer, the dealer's registration number, the name and address of the
				  transferee, the boat registration number, if assigned by the dealer or
				  previously issued for that boat, a complete description of the boat, including
				  make, model year, hull identification number, hull material, length, type of
				  propulsion, whether the boat is new or used, and a statement that all New York
				  State and local sales tax has been collected.
(h) Temporary registrations. A registered
				  boat dealer will, upon request, be furnished with temporary registration
				  certificates and a series of registration numbers by the commissioner which the
				  dealer may assign upon the sale or transfer of a boat. After issuance of such
				  temporary registrations, the dealer must mail a completed registration
				  application, with appropriate documentation and the appropriate fee to the
				  commissioner at the central processing unit of the department no later than
				  five calendar days after the issuance of such temporary registration. He must
				  provide the transferee with the temporary registration document properly
				  completed in conformity with the instructions contained thereon. The dealer
				  must also assign a registration number from the series assigned to the dealer
				  by the commissioner, unless the boat being transferred was previously
				  registered and numbered in this State.
(i) Required records.
(1) A boat dealer is required to maintain a
				  permanently bound book of registry in which shall be recorded a complete
				  description of all boats acquired for the purpose of sale, traded or sold, the
				  name and address of the person from whom the boat was obtained, the
				  registration number of the boat and the location of the boat, if it is being
				  held elsewhere than on the premises described in the dealer registration. Boat
				  description shall include make, model year, hull identification number, hull
				  material, length, type of propulsion, if any, and whether the boat is new or
				  used. The book shall also contain the name and address of the person to whom
				  the boat is transferred, the date of sale, the number of the dealer's bill of
				  sale, whether any temporary registration was issued, and if so the date of
				  issuance, and the registration number of the boat. If the boat requires a
				  certificate of title, the number of liens listed on the application must also
				  be listed in such book. In addition, a copy of the bill of sale given to the
				  transferee must also be maintained.
(2) When a purchaser trades in a boat not
				  subject to the Certificate of Title Law, its registration must be completely
				  filled out showing transfer of the boat to the dealer and must be signed by the
				  transferor at the time of trade-in. If the boat is subject to the Certificate
				  of Title Law, the certificate of title properly assigned to the boat dealer and
				  signed by the transferor at the time of trade-in must be obtained by the
				  dealer.
(3) All dealer records must
				  be maintained for a period of five years. Such records shall be open for
				  inspection by the commissioner or agents of the commissioner during regular
				  business hours.