reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.7 - Criteria for courses of instruction in boating safety education

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Executive
				  Director will establish criteria for courses of instruction in boating safety
				  education, and the Executive Director will publish the criteria in the
Pennsylvania Bulletin
.
(b) The Executive Director may approve, by
				  notice, boating safety education courses that meet the course criteria
				  established under this section and will publish a list of approved boating
				  safety education courses in the
Pennsylvania Bulletin
on an
				  annual basis or more frequently as required.
The provisions of htis §
												91.7 issued under the Fish and
						Boat Code,
						30 Pa.C.S. §
													5123,
						amended under
						30 Pa.C.S. §
													5103.
This section cited in 58 Pa. Code §
												91.6 (relating to boating safety
						education certificates).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 91 - GENERAL PROVISIONS › Section 91.8 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Fees.
The following fees apply to registrations, licenses,
				  permits and certificates issued under this title and the fees collected shall
				  be deposited into the Boat Fund:
(1) Dealer
				  registration, $25 each per year.
(2) Commercial passenger boat registration, $25 each.
(3) License for operator of
				  passenger-carrying boat, $25 each.
(4) Transfer of a multiyear boat registration, $10.
(5) Permit for commercial floating structure
				  or aids to navigation, $20 each.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.1 - Registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) With the
					 exception of a "Manufacturer/Dealer/ Jobber" registration certificate, which is
					 valid for 1 year, all other boat registration certificates issued under this
					 chapter are valid for a period not exceeding 2 years. The Commission will not
					 issue 1-year registration certificates except to "Manufacturer/Dealer/
					 Jobbers." The registration period expires on December 31 of the second year
					 following issuance.
(b) Except for
					 Manufacturers/Dealer/Jobber registrations, the fee for the registration will be
					 twice the annual registration fee as set forth in the code.
(c) Persons registering a boat under a
					 company name shall supply the name of an individual who is responsible for the
					 boat.
(d) The Commission ordinarily
					 relies solely on the information submitted by an applicant to show that the
					 applicant is the true and lawful owner of the boat for which registration is
					 sought. Issuance of a boat registration does not constitute an adjudication or
					 finding with respect to ownership of the boat. However, the Commission will
					 defer issuance of a new or renewal registration for any boat after it receives
					 written notice of the existence of a reasonable dispute as to the ownership of
					 a boat. The parties who dispute the ownership of the boat shall be responsible
					 to obtain a determination of ownership from an appropriate civil forum or by
					 settlement and to notify the Commission, in writing, of the
					 determination.
The provisions of this §
													93.1 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														5325.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.2 - Permanent and temporary registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Boat not previously registered in
					 this Commonwealth.
(1) A person
					 acquiring a boat which has not been previously registered in the person's name
					 in this Commonwealth shall complete an application for boat registration as set
					 forth in §
												93.3 (relating to application for
					 boat registration). The applicant will receive a copy of the completed
					 application which will be recognized as the boat's certificate of registration
					 for 60 days including the date of issuance. This temporary certificate of
					 registration shall be carried on the boat when the boat is in operation and
					 shall be available for inspection by an authorized officer.
(2) The owner or operator shall apply the
					 biannual validation decals when received from the Commission. The biannual
					 validation decals shall be displayed on the boat in accordance with §
												93.5 (relating to display of
					 registration number and validation decal). The Commission will assign a
					 registration number to the boat which shall be displayed in accordance with
					 § 93.5. This assigned registration number will remain with this boat as
					 long as the boat is registered in this Commonwealth. The new owner will also
					 receive, from the Commission, a biannual certificate of registration card which
					 shall be carried onboard the boat while it is being
					 operated.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.4 - Certificate of registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 owner shall sign the certificate of registration, Form PFBC-730b, in ink to
					 validate the registration.
(b) The
					 Commission will mark a boat rental business's certificate of registration with
					 "rental business." When the motor is not rented with the boat, the description
					 of the propulsion and type of fuel shall be omitted from the certificate of
					 registration.
(c) A boat's owner or
					 representative who rents or leases a boat less than 26 feet long to someone
					 else for noncommercial use for less than 7 days may retain the certificate of
					 registration at the place from which the boat is rented. These boats shall be
					 identified as required by §
											117.3(d)
					 (relating to responsibilities) while in use and comply with this subpart. A
					 copy of the lease or rental agreement, signed by the owner or his
					 representative and by the person renting or leasing the boat, that shows the
					 registration number of the boat and the period of time for which the boat is
					 rented or leased, shall be onboard and presented for inspection by an
					 authorized officer requesting it.
(d) Each dealer's, jobber's and
					 manufacturer's certificate shall be plainly marked "dealer," "jobber" or
					 "manufacturer" in lieu of the description of the boat. The certificate of
					 registration shall be onboard when a boat displaying the number is in
					 use.
(e)
Boating without a
					 certificate of registration onboard.
(1) When a resident of this Commonwealth is
					 found operating a boat without the required certificate of registration onboard
					 and claims that the boat is validly registered, the apprehending officer shall
					 give the operator 7 days to produce the original certificate.
(2) If it is inconvenient for the operator to
					 produce the certificate in person, the officer may permit the operator to mail
					 the original certificate to the officer for verification. The operator shall
					 provide a stamped self-addressed envelope for the return of the certificate. If
					 the officer permits the operator to mail the original certificate to the
					 officer, the officer shall provide the operator with a receipt or other
					 documentation allowing continued operation of the boat during the period the
					 original certificate is not in possession.
(3) If the operator fails to send the
					 original certificate within the 7-day period, the officer shall institute
					 summary proceedings against the operator in the manner prescribed by law.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.5 - Display of registration number and validation decal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The registration number shall be
					 displayed above the waterline on both sides of the bow of the boat, considered
					 to be any part of a boat's side forward of a point halfway between the front
					 and the back of the boat.
(1) The registration
					 number shall be in solid vertical block characters, at least 3 inches in height
					 and of a color which shall contrast with the background.
(2) The registration numbers shall be painted
					 on or permanently attached so they read from left to right and are in a
					 position that provides maximum visibility and shall be maintained so they are
					 clearly visible and legible.
(3)
					 Inflatable boats and boats configured in a manner that a number on the hull or
					 superstructure would not be easily visible, and unless special provision is
					 made by the manufacturer for display of numbers, may carry registration numbers
					 and validation decals on boards to be lashed to the bow on each side of the
					 boat.
(4) Unpowered kayaks, sculls,
					 sailboards and other low volume boats of similar design are exempt from
					 displaying registration numbers.
(5) Boats possessing a valid marine document,
					 when used for recreational purposes and when Pennsylvania is the state of
					 principal operation, shall display a valid registration decal but may not
					 display the registration number.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.6 - Numbering pattern

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 registration number shall be divided into three parts. The first or prefix part
					 shall consist of the letters "PA." The second part shall consist of not more
					 than four arabic numerals. The third or suffix part shall consist of not more
					 than three letters.
(b) The parts
					 shall be separated by hyphens or spaces equivalent to a letter.
(c) Registration numbers issued to a boat
					 rental business shall contain the letter "L" as the last letter in the
					 suffix.
(d) Registration numbers
					 issued to manufacturers, dealers and jobbers will consist of the letters "PA"
					 followed by three numerals and ending in three letters, the first two of which
					 shall be "DL."
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.7 - Duplicate certificate of registration

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will issue a duplicate certificate of
						registration upon receipt of Form PFBC-730a or Form PFBC-732 from the
						registered owner and payment of the appropriate fee.
The provisions of this §
													93.7 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														5325;
						  amended under section 10 of the Sunshine Act (65 P. S. §
														280); and section 506 of The Administrative
						  Code of 1929 (71 P. S. §
														186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.8 - Lost, stolen, destroyed or abandoned boats

Current through Register Vol. 54, No. 28, July 13, 2024
The loss, theft, destruction or abandonment of a
						registered boat shall be reported to the Commission within 5 days. The recovery
						of a boat that is lost, stolen or abandoned shall be reported to the Commission
						within 5 days of recovery.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.9 - Surrender of certificate of registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person whose name appears on the
					 certificate of registration as owner of a boat shall surrender the certificate
					 and the validation decals to the Commission, within 15 days after it becomes
					 invalid, for one or more of the following reasons:
(1) The owner transfers ownership of the
					 boat.
(2) The boat is destroyed or
					 abandoned.
(3) Sixty days has
					 expired after the date on which the boat is no longer principally used in this
					 Commonwealth.
(4) The owner
					 involuntarily loses his interest in the boat by legal process.
(5) A false or fraudulent statement is
					 contained in the application or the fees for the issuance of the certificate
					 are not paid.
(6) The registration
					 is revoked or suspended.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.10 - Change of address

Current through Register Vol. 54, No. 28, July 13, 2024
The owner shall notify the Commission, in writing, within
						15 days after a change of address. The original certificate of registration
						shall be retained for use until a new certificate is issued.
The provisions of this §
													93.10 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														5325.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.11 - Reciprocity and state of principal operation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The state of principal operation is that
					 state where the boat is on its waters more than on any other state's waters.
					 This time includes the time when the boat is not in motion as for instance when
					 the boat is moored or at anchor. The mooring of a boat in a Commonwealth yacht
					 club, marina, boat club, private dock or similar facility for more than 14
					 days, as evidenced by the signing of a lease, membership, permit or other
					 document resulting in the assignment of, or permission to construct or occupy,
					 dockage space shall be prima facie evidence that Pennsylvania is the state of
					 principal operation.
(b) When
					 Pennsylvania becomes the state of principal operation of a boat which is
					 validly registered and numbered in another state, the registration and number
					 issued by the other state will be recognized for a period not to exceed 60 days
					 from the date the boat is moved to this Commonwealth during which time the
					 owner of the boat shall apply for and obtain a Pennsylvania registration and
					 number.
(c) When another state is
					 the state of principal operation of a boat and the boat is numbered and validly
					 registered in that state under a numbering system approved by the Secretary of
					 the United States Department of Transportation, the boat is deemed in
					 compliance with this chapter while temporarily operating on the waters of this
					 Commonwealth.
(d) It is unlawful to
					 operate a motorboat, whose state of principal operation is Pennsylvania,
					 without first obtaining a Pennsylvania registration in accordance with this
					 chapter.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.12 - Dealers, manufacturers and jobbers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dealer, manufacturer and jobber
					 registrations issued under section 5307 of the code (relating to dealer
					 registration) will be issued only to businesses that prove to the satisfaction
					 of the Commission that they are clearly recognizable as bona fide dealers,
					 manufacturers or jobbers. Special registrations will not be issued to a person
					 or business that fails to prove to the satisfaction of the Commission that it
					 is regularly engaged in the business of being a boat dealer, manufacturer or
					 jobber. It is unlawful for a person to provide false information in applying
					 for dealer, manufacturer or jobber registrations or to seek to obtain special
					 registration for a boat for the purpose of avoiding applicable Commonwealth
					 taxes.
(b) A dealer is a business
					 regularly engaged in the business of selling new or used boats. An applicant
					 for a dealer's registration shall demonstrate that the business is clearly
					 recognizable as a boat dealership on a regular basis. Applicants shall provide
					 the information requested by the Commission. Proof of bona fide boat dealer
					 status may include the following:
(1)
					 Maintenance of a boat display area capable of regularly displaying at least
					 three boats or a minimum of 1,200 square feet, indoors or outdoors.
(2) Annual sales of substantial numbers of
					 new and used boats. "Substantial sales" normally means sale of five or more
					 boats unless the applicant can show unusual circumstances justifying lesser
					 sales.
(3) Consistent
					 identification of the business as a boat dealer in advertising, signs,
					 telephone book listings, and the like. The dealership shall be clearly
					 identifiable as such by a person who visits or deals with it.
(4) Location of a dealership in areas where
					 zoning permits boat sales and commercial operations.
(5) Regular hours of operation between April
					 30 and September 30 on at least 5 days per week.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.13 - Issuing agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Designation
.
(1) The
					 designation of issuing agents for temporary boat registrations shall be limited
					 to the Commission and Commission offices, county treasurers, businesses dealing
					 in boats, boating equipment or sporting goods and temporary tag services or
					 messenger services approved by the Department of Transportation for the
					 issuance of temporary boat trailer registrations.
(2) An applicant seeking to become an issuing
					 agent for temporary boat registrations shall complete and submit to the
					 Commission an application on the form prescribed by the Commission and shall
					 pay a one-time, nonrefundable fee of $250. Applications shall be accompanied by
					 a bond in favor of the Commission in a minimum amount specified by the
					 Executive Director or a designee.
(3) Upon being designated as an issuing
					 agent, at least one employe of the new agent with primary responsibility for
					 handling boat registrations shall successfully complete a training course
					 offered by the Commission at its Harrisburg office or other location the
					 Executive Director designates.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.14 - Proof of ownership for initial registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section applies only to the initial
					 registration of a boat in this Commonwealth. It does not apply to registration
					 of boats previously or currently registered in this Commonwealth.
(b) An applicant for initial registration
					 shall establish proof of ownership as follows:
(1) For a boat manufactured after January 1,
					 1993, a manufacturer's certificate of origin indicating transfer of ownership
					 from the manufacturer, distributor or dealer to the applicant. The original
					 manufacturer's certificate of origin shall be attached to the Form REV-336 and
					 submitted to the Commission.
(2)
					 For a boat manufactured before January 1, 1993, or when the manufacturer's
					 certificate of origin is not available, a bill of sale or invoice issued or
					 prepared by the seller showing all of the following:
(i) The name and address of the
					 seller.
(ii) The name and address
					 of the purchaser.
(iii) The name
					 and address of the legal owner.
(iv) The location, date of sale and
					 description of the boat, including the hull identification number for boats
					 built after October 31, 1972, or other serial number for boats built prior to
					 October 31, 1972.
(3) For
					 a boat that was registered and issued a title by another state, a properly
					 endorsed document indicating title.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.15 - Unauthorized transfer, use or display of certificate of registrations, validation decals or numbers

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to use, display or allow to be used or
						displayed a certificate of registration or registration number or validation
						decal on or in connection with a watercraft other than that for which it was
						issued.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.16 - Operation of boat after death of registered owner

Current through Register Vol. 54, No. 28, July 13, 2024
When the registered owner of a boat is deceased, the boat
						may continue to be operated by or for the heir or personal representative of
						the decedent for the remainder of the current registration period.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.101 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Dealer
-A person who engages in whole or
						in part in the business of buying, selling or exchanging new and unused boats,
						or used boats, or both, either outright or on conditional sale, bailment,
						lease, chattel mortgage, or otherwise, and who has an established place of
						business for the sale, trade and display of boats. The term includes a yacht
						broker.
Manufacturer
-A person engaged in the
						business of manufacturing or importing new and unused boats, or new and unused
						outboard motors, for the purpose of sale or trade.
Reconstructed boat
-One of the
						following:
(i) A boat for which a
					 certificate of title (salvage/junk) has been issued, which is thereafter
					 restored to operating condition and which is substantially in conformance with
					 the specifications of the manufacturer.
(ii) A boat that has been materially altered
					 by the removal, addition or substitution of essential parts derived from
					 various other makes or models, or that the Commission has determined is readily
					 recognizable as a boat of a generally recognized make or model.
Specially constructed boat
-One of the
						following:
(i) A boat not originally
					 constructed by a generally recognized manufacturer of boats under a distinctive
					 name and not materially altered from its original construction, but assembled
					 from parts of various boats or kits, or both, and that would be commonly known
					 as a "homemade" boat.
(ii) A boat
					 that has been materially altered by the removal, addition or substitution of
					 essential parts derived from various other makes and models and that the
					 Commission determines cannot be readily identified as a boat of a generally
					 recognized make or model.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.102 - Application procedure and contents of applications for certificates of title

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Boat owners
					 shall apply for a certificate of title on Form REV-336, provided by the
					 Commission. The completed form shall be forwarded to the Commission at the
					 address listed on the application.
(b) The applicant shall provide the following
					 information on the application (REV-336) for a title:
(1) The name, mailing address, residence
					 address, phone number and zip code of the owner. If there are co-owners, the
					 applicants shall provide information relating to both owners and indicate
					 whether the boat is owned as joint tenants with right of survivorship or as
					 tenants in common.
(2) The date of
					 birth of the primary purchaser and the co-owner.
(3) The name of the person from whom the boat
					 was purchased.
(4) The State
					 registration number, if any, currently assigned to the boat.
(5) The hull material, such as wood, steel,
					 aluminum, plastic, fiberglass, rubber/vinyl/canvas or other.
(6) The full Hull Identification Number
					 (HIN).
(7) The make, model and year
					 built, if known.
(8) The length of
					 the boat in feet and inches.
(9)
					 The type of boat, such as air boat, auxiliary sail, cabin motorboat, houseboat,
					 inflatable boat, open motorboat, paddlecraft, personal watercraft, pontoon
					 boat, rowboat, sail only or other.
(10) The type of engine drive, such as
					 outboard, inboard, sterndrive, pod drive or other.
(11) The type of fuel, such as gas, diesel,
					 electric or other.
(12) The type of
					 propulsion, such as propeller, waterjet, air thrust, manual, sail or
					 other.
(13) The primary operation
					 such as pleasure, rental/livery, manufacturer/dealer/jobber, commercial
					 passenger, charter fishing, commercial fishing, other commercial operation, and
					 the like.
(14) For boats with
					 outboard internal combustion motors, the serial number, the manufacturer's name
					 and the horsepower rating. If there are two motors, the applicant shall provide
					 information for both motors.
(15)
					 The names and addresses of each lienholder (in the order of
					 priority).
(16) The date of lien
					 encumbrance.
(17) The date the
					 applicant completed the form.
(18)
					 The signature of the owner.
(19)
					 Complete Sales and Use Tax information.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.103 - Boats brought into this Commonwealth from outside this Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the owner
					 of a boat having a certificate of title from another state brings the boat into
					 this Commonwealth as its state of principal use, the owner shall obtain a
					 Pennsylvania certificate of title for the boat when the boat is registered in
					 this Commonwealth or its ownership is transferred to another person, whichever
					 occurs first.
(b) When the owner of
					 a boat not having a certificate of title from another state brings the boats
					 into this Commonwealth as its state of principal use, theowner shall obtain a
					 Pennsylvania certificate of title when the boat is sold or is otherwise
					 transferred to another owner. This provision does not apply to boats for which
					 a title is not required under section 5322(a) of the code (relating to when
					 certificate of title not required).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.104 - Boats purchased from dealers/transfer to or from manufacturer or dealer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dealer may
					 not purchase or acquire a new boat without obtaining from the seller a
					 manufacturer's or importer's certificate of origin when provided by the
					 manufacturer or importer.
(b) When
					 certificates of origin are provided by the manufacturer or importer, a
					 manufacturer or dealer may not transfer ownership of a new boat without
					 supplying the transferee with the certificate of origin signed by the
					 manufacturer's or importer's authorized agent.
(c) A dealer transferring a boat requiring
					 title under this subchapter shall assign ownership to the new owner, in the
					 case of a previously titled boat, by completing the appropriate assignment
					 portion of the certificate of title, or in the case of a new boat, by
					 completing the assignment portion of the certificate of origin.
(d) A dealer shall forward all moneys and
					 applications to the Commission within 10 days of transferring
					 ownership.
(e) Except as otherwise
					 provided in this subsection, a dealer buying or acquiring a used boat for
					 resale need not obtain a certificate of title for the used boat if the dealer
					 reports the acquisition to the Commission within 20 days. In lieu of submitting
					 a report of acquisition, the dealer may apply for and obtain a certificate of
					 title as provided in this subchapter. If a dealer buys or acquires a used
					 unnumbered boat that is otherwise required to be titled, the dealer shall apply
					 for a certificate of title in the dealer's name within 20 days. If a dealer
					 buys or acquires a new boat for resale, the dealer may, but is not required to,
					 apply for a certificate of title for the boat in the dealer's name.
(f) Every dealer shall maintain for 3 years a
					 record of any boat the dealer's bought, sold, brokered, exchanged or received
					 for sale or exchange. This record shall be open to inspection by Commission
					 representatives during reasonable business hours.
(g) A dealer/lessor who leases a boat for
					 more than 30 consecutive days shall obtain a certificate of title for the boat
					 unless exempt under section 5322(a) of the code (relating to when certificate
					 of title not required). The lessor shall maintain the certificate of title of a
					 leased boat.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.105 - Boats sold or transferred privately

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person transferring a boat requiring
					 title under this subchapter shall assign ownership to the new owner, in the
					 case of a previously titled boat, by completing the appropriate assignment
					 portion of the certificate of title, or in the case of a new boat, by
					 completing the assignment portion of the certificate of origin.
(b) Moneys and applications shall be
					 forwarded to the Commission within 10 days of transferring ownership.
(c) The lessor shall maintain the certificate
					 of title of a leased boat.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.106 - Specially constructed or reconstructed boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner of a specially constructed or
					 reconstructed boat shall apply for a certificate of title as required by this
					 subchapter.
(b) The application for
					 certificate of title shall be accompanied by one of the following:
(1) The outstanding certificates of
					 title.
(2) The manufacturer's
					 certificates of origin or certificates of title (salvage/junk), issued for
					 boats, the parts of which were used in construction of the boat, if the boats
					 are no longer operable or able to be registered.
(3) The bills of sale for the major
					 components of the boat for which no other proof of ownership is
					 available.
(4) A photograph of the
					 boat, upon the request of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.107 - Delivery of certificate of title

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will mail the original certificate of
						title to the first lienholder named therein, or if there is none, to the owner
						named therein. The Commission will retain the data necessary to generate a copy
						of the certificate of title.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.108 - Duplicate/replacement titles

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a title
					 is lost, stolen, mutilated, destroyed or becomes illegible, the lienholder in
					 possession of the title or, if there is none, the owner named on the title, as
					 shown by the Commission's records, may obtain a duplicate/replacement by
					 applying to the Commission. The applicant shall furnish information concerning
					 the original title and the circumstances of its loss, theft, mutilation or
					 destruction. Applications for replacement titles shall be filed within 30 days
					 of the loss, theft, mutilation or destruction. Mutilated or illegible titles
					 shall be returned to the Commission with the application for a
					 duplicate/replacement.
(b) The
					 duplicate/replacement title shall be marked "duplicate" on its face and shall
					 be mailed or delivered to the applicant.
(c) If a lost or stolen original title for
					 which a duplicate/replacement has been issued is recovered, the original shall
					 be surrendered to the Commission for cancellation within 20 days of its
					 recovery.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.109 - Transfer or repossession of boat by operation of law

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If ownership of a boat is transferred by
					 operation of law, such as by inheritance, divorce, order in bankruptcy,
					 insolvency, replevin or executive sale, the transferee, within 30 days after
					 acquiring the right to possession of the boat by operation of law, shall mail
					 or deliver to the Commission a court order or other document evidencing the
					 transfer by operation of law, together with the application for a new title and
					 the required fee.
(b) If a
					 lienholder repossesses a boat by operation of law and holds it for resale, the
					 lienholder shall secure a new title and shall pay the required fee.
(c) Issuance of a certificate of title does
					 not constitute an adjudication of issues relating to ownership of
					 boats.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.111 - Voluntary titling of boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 owner of a boat may voluntarily apply for a certificate of title by applying at
					 any time and paying the fees required under section 5327 of the code (relating
					 to fees). Once an owner voluntarily acquires a certificate of title, titling
					 for the boat is thereafter mandatory.
(b) A boat owner who voluntarily applies for
					 a certificate of title shall certify under penalty of law that there are no
					 outstanding liens or encumbrances. See
					 18 Pa.C.S. §
												4904
					 (relating to unsworn falsification to authorities).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.112 - Suspension, revocation or cancellation of certificate of title

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
					 will initiate an action to suspend or revoke a certificate of title by filing
					 an order to show cause under 1 Pa. Code §
											35.14 (relating to orders to show
					 cause), when authorized by statutory or other authority, or if the Commission
					 determines that the certificate of title was fraudulently procured.
(b) The Commission has the authority to
					 cancel a certificate of title when the Commission determines that one of the
					 following applies:
(1) The certificate of
					 title was erroneously issued.
(2)
					 The boat was junked, destroyed, lost, stolen or abandoned.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.113 - Creation and perfection of security interests in boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an owner creates a security interest
					 in a boat:
(1) The owner shall, at the request
					 of the secured party, immediately execute an application on a form prescribed
					 by the Commission including the name and address of the secured party. The
					 owner shall tender the existing certificate of title, if any, the application
					 and the required fee to the Commission.
(2) The security interest is perfected at the
					 time that the application, existing certificate of title and an amount equal to
					 or greater than the required fee are received by the Commission.
(3) Upon receipt of the title, application
					 and the required filing fee, the Commission will endorse on the existing title
					 or on a new title that it then issues, the name and address of all secured
					 parties, and mail or deliver the title to the first secured party named on the
					 certificate of title.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.114 - Assignments of security interests

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A secured party may assign, absolutely or otherwise, all or part of his
					 security interest in the boat to a person other than the owner without
					 affecting the interest of the owner or the validity of the security
					 interest.
(b) An assignee who
					 desires to become the secured party of record shall deliver to the Commission
					 the title, if available, and an assignment by the secured party named in the
					 title in the form the Commission may prescribe, accompanied by the filing fee
					 required by law.
(c) The provisions
					 of this section are subject to
					 13 Pa.C.S. §
												9308(c) (relating to when
					 security interest or agricultural lien is perfected; continuity of
					 perfection).
The provisions of this §
													93.114 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														5325.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.115 - Satisfaction of security interests

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Unless otherwise agreed by the owner, within 20 days of the satisfaction of a
					 security interest in a boat, the secured party shall mail or deliver the title
					 with the release to the owner and notify the Commission of the release of
					 security interest.
(b) Perfection
					 of a security interest under this subchapter is effective for 10 years, dating
					 from the time of perfection as provided in §
											93.113 (relating to creation and
					 perfection of security interests in boats) unless renewed as provided in
					 subsection (c).
(c) The
					 effectiveness of perfection lapses on the expiration of the period specified in
					 subsection (b) unless a renewal form signed by the secured party of record is
					 filed within the 6 months immediately preceding expiration. Upon the timely
					 filing of the renewal form and the tender of the required fee, the
					 effectiveness of perfection continues for 5 years from the date on which
					 perfection would have become ineffective in the absence of renewal. Perfection
					 may be successively renewed.
The provisions of this §
													93.115 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														5325.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.116 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this subchapter relating to procedures
						for creating, perfecting, assigning and satisfying security interests do not
						apply to the following:
(1) A lien
					 given by statute or rule of law to a supplier of services or materials for the
					 boat.
(2) A lien given by statute
					 to the United States, the Commonwealth or a political subdivision of this
					 Commonwealth.
(3) A security
					 interest in a boat held by a manufacturer or a dealer as described in
					 13 Pa.C.S. §
												9311(d) (relating to
					 perfection of security interests in property subject to certain statutes,
					 regulations and treaties).
(4) A
					 lien arising out of an attachment of a boat.
(5) A boat for which a title is not issued
					 under this subchapter.
The provisions of this §
													93.116 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														5325.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.117 - Recordkeeping, documentation and information verification regarding boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
					 will maintain a record of any title it issues.
(b) Upon written request specifically
					 identifying a particular boat, the Commission will provide the following
					 information about a boat having a certificate of title:
(1) The name of the owner.
(2) The name and address of a
					 lienholder.
(3) The date the
					 certificate of title was issued.
(4) The make, model and year of the
					 boat.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.118 - Prohibited acts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
					 not sell, assign or transfer a boat titled by the Commonwealth without
					 delivering to the purchaser or transferee a title with an assignment on it
					 showing title in the purchaser or transferee.
(b) A person may not purchase or otherwise
					 acquire a boat required to be titled by the Commonwealth without obtaining a
					 title for it in his name.
(c) A
					 person may not obtain or attempt to obtain title to a boat under this
					 subchapter through fraudulent means or provide false or misleading information
					 in connection with an application for a certificate of title.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.119 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
					 will provide suitable forms of applications, title, notice of security
					 interests, and other notices and forms necessary to carry out this
					 subchapter.
(b) Except as otherwise
					 provided in this subchapter, all forms and notices required in this subchapter
					 shall be forwarded to the Fish and Boat Commission, Division of Licensing and
					 Registration, Post Office Box 68900, Harrisburg, Pennsylvania
					 17106-8900.
The provisions of this §
													93.119 amended under section 506
						  of The Administrative Code of 1929 (71 P.S. §
														186); and the Fish and Boat Code, 30
						  Pa.C.S.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter B - TITLING OF BOATS › Section 93.120 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Fees. The
					 following fees apply to certificates and documents issued under this subchapter
					 and the fees collected shall be deposited into the Boat Fund:
(1) The fee for issuance of a certificate of
					 title shall be $30.
(2) The fee for
					 a duplicate certificate of title shall be $20.
(3) The fee for recording or changing the
					 amount of security interest on a certificate of title shall be $20.
(4) The fee for copies of or information
					 relating to a title or security interest shall be $10.
(5) The fee for issuing or providing copies
					 of any other official document issued under the authority of this chapter shall
					 be $10.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.1 - Safety standards for boats

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A boat
				  subject to the code, construction of which commenced on or after November 1,
				  1972, may not be sold or offered for sale in this Commonwealth which does not
				  have affixed by the manufacturer a label certifying that the boat and
				  associated equipment complies with the safety standards promulgated by the
				  United States Coast Guard in effect on the date construction or assembly began.
				  The label shall be of the construction, contain the information and be affixed
				  in the manner as required by the Coast Guard.
(b) Boats built after November 1, 1972, and
				  required to have a Manufacturer Certification of Compliance Label as required
				  by subsection (a) shall be maintained so that the boat and associated equipment
				  and systems remain in good and operable condition and continue to meet the
				  standards for the equipment promulgated by the United States Coast
				  Guard.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.2 - Removal or alteration of certification label

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not remove the label, or delete or alter the
					 information required on that label affixed by the manufacturer, unless
					 authorized in writing by the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 95 - MANUFACTURER INSTALLED EQUIPMENT › Section 95.4 - Special anchorage areas

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will consider for approval as special
					 anchorage areas areas in which the United States Coast Guard is not interested.
					 These special areas shall be clear of well defined channels, particularly
					 channels used by deep draft commercial boats, and they shall be marked
					 sufficiently to warn an approaching boat of the presence of anchored or moored
					 boats. In certain cases, lighted buoys may be used to mark offshore
					 extremities. Shoreside lights used to illuminate moored boats shall be screened
					 so that the operator of an approaching boat is not blinded.