act-1996-0-73•Pennsylvania Act 1996-73 — FISH AND BOAT CODE (30 PA.C.S.) - AMEND TITLING AND REGISTRATION OF BOATS
Pennsylvania Act 1996-73 — FISH AND BOAT CODE (30 PA.C.S.) - AMEND TITLING AND REGISTRATION OF BOATS
act-1996-0-731996 Pa. Act 73Law
Act text
FISH AND BOAT CODE (30 PA.C.S.) - AMEND TITLING AND REGISTRATION OF BOATS
Act of Jul. 2, 1996, P.L. 467, No. 73 Cl. 53
Session of 1996
No. 1996-73
SB 847
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, providing for the titling of motor boats; and
further providing for registration of boats.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Chapter 53 of Title 30 of the
Pennsylvania Consolidated Statutes is amended and the chapter is
amended by adding a subchapter heading to read:
CHAPTER 53
REGISTRATION AND TITLING OF BOATS
SUBCHAPTER A
REGISTRATION
Section 2. Sections 5301, 5302, 5303, 5304, 5308, 5312 and
5313 of Title 30 are amended to read:
§ 5301. Registration of motorboats required.
(a) General rule.--Except as provided in section 5302
(relating to exemptions), it is unlawful for any person to
operate or navigate, or cause to be operated or navigated, any
motorboat upon, over or through the waters of this Commonwealth
unless the motorboat is registered in accordance with this
[chapter] subchapter.
(b) Out-of-State registration.--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 Federal Department of
Transportation, the boat is deemed in compliance with this
chapter while temporarily operating on waters of this
Commonwealth.
(c) Moving boat into this Commonwealth.--When Pennsylvania
becomes the place of principal operation of a boat, numbered and
validly registered in another state, the number issued by the
other state shall be recognized for a period of 60 days from the
date the boat is moved to Pennsylvania during which time the
owner of the boat shall apply for and obtain a Pennsylvania
registration and number.
[(b)] (d) Penalty.--Any person who violates this section
commits a summary offense of the third degree.
§ 5302. Exemptions.
(a) General rule.--The following classes of boats are exempt
from the registration requirements of this [chapter] subchapter:
[(1) Boats currently registered or awarded a number by
another state under a numbering system approved by Federal
authority in which case the other state's registration or
number will be valid in this Commonwealth for a period not to
exceed the first 60 days of use on Commonwealth waters.
(2)] (1) Foreign boats temporarily using the waters of
this Commonwealth.
[(3)] (2) Boats, other than boats used for recreational
purposes, which are clearly identified as being:
(i) owned by the United States; and
(ii) used solely for public service functions such
as search and rescue[; and
(iii) clearly identifiable as such].
[(4)] (3) Lifeboats on ships.
[(5)] (4) Boats, other than boats used for recreational
purposes, possessing a valid marine document issued by the
United States Coast Guard, or any Federal successor thereto,
or by any foreign government.
[(6)] (5) Boats not equipped with motors.
(b) Exemptions by regulation.--The commission may, by
regulation, exempt any additional boat or class of boats from
the registration provisions of this [chapter] subchapter under
such conditions as it may prescribe.
(c) Exemption from fees.--The following boats are required
to register but are exempt from the owner titling and
registration fees of section 5104 (relating to fees):
(1) Motorboats owned or operated by the Commonwealth.
(2) Motorboats owned by public service organizations
approved by the commission and used exclusively for training,
education, water safety and other public service functions.
(3) Motorboats owned by political subdivisions and
quasi-public organizations, such as police departments,
volunteer fire departments and river rescue units, and used
exclusively in the performance of their work in enforcement,
furthering safety and search and rescue on the water.
§ 5303. Voluntary and special registrations.
Watercraft other than those required to register under this
[chapter] subchapter may be registered at the option of the
owner upon payment of the fee specified by section 5104
(relating to fees).
§ 5304. Issuing agents.
(a) Designation.--The commission may designate as issuing
agents the county treasurer (or in counties where, by virtue of
an optional plan of government or home rule charter, there is no
county treasurer, the official who performs the ordinary
functions of a county treasurer) or such other persons in each
county, as it deems advantageous, to provide for the issuance of
boat registrations in accordance with the provisions of this
[chapter] subchapter.
(b) Fee.--For all services rendered in collecting and paying
over registration fees, each issuing agent shall charge and
retain an additional fee not exceeding $2 from the person
securing the registration. If the issuing agent is a county
treasurer or other official who performs that function, the fee
shall be retained for the use of the county.
(c) Bond.--Every issuing agent shall give bond to the
Commonwealth, in a sum determined by the executive director,
before any supply of registration forms is delivered to him.
(d) Disposition of moneys.--Every issuing agent shall
forward all moneys collected, along with all appropriate forms,
to the commission within ten days after receipt of each and
every registration. Delinquent agents are subject to a penalty
of 10% per month or portion of a month on any outstanding
balance of registration money due the commission which is not
paid when due, which penalty shall be compounded monthly. The
commission may recall the agency of any issuing agent after a
delinquency period of 30 days.
(e) Penalty.--An issuing agent violating any provision of
this section or the rules and regulations of the commission
commits a summary offense of the second degree and, in addition,
may have his agency recalled in the discretion of the
commission.
§ 5308. Period of registration.
Registrations issued under this [chapter] subchapter to
owners and dealers shall be valid from April 1 of one year to
March 31 of the succeeding year and shall be renewable. A
registration for any year shall be valid and may properly be
displayed prior to April 1 within that year. The commission may
determine to issue registrations valid for a period not to
exceed three years upon payment of a fee equal to the annual
registration fee times the number of years for which the
multiple-year registration is valid. A multiple-year
registration shall be valid from April 1 of the year of its
issuance until March 31 of the last year of its validity, but a
multiple-year license issued prior to April 1 of any year is
valid and may be displayed at any time within that year. The
commission may, by regulation, provide for the transfer of
multiple-year registrations upon the sale or conveyance of a
boat upon payment of the fee provided in section 5104(8)
(relating to fees).
§ 5312. Transfer, destruction or abandonment of boat.
The owner of a boat registered in this Commonwealth pursuant
to this [chapter] subchapter or by the Federal Government shall
furnish the commission notice of the transfer of all or any part
of his interest, other than the creation of a security interest,
in a boat or of the destruction or abandonment of the boat
within 15 days from the transfer, destruction or abandonment.
The transfer, destruction or abandonment shall terminate the
certificate of registration for the boat except in the case of a
transfer of a part interest which does not affect the right of
the owner to operate the boat.
§ 5313. Records open to public.
All records relating to registration or numbering made or
kept pursuant to this [chapter] subchapter shall be public
records.
Section 3. Chapter 53 of Title 30 is amended by adding a
subchapter to read:
SUBCHAPTER B
CERTIFICATE OF TITLE
Sec.
5321. Certificate of title required.
5322. When certificate of title not required.
5323. Content and effect of certificate of title.
5324. Refusing issuance of certificate of title.
5325. Rules and regulations.
5326. Offenses related to titling.
5327. Fees.
5328. Implementation.
§ 5321. Certificate of title required.
(a) General rule.--Except as provided in section 5322
(relating to when certificate of title not required), every
owner of a boat required to be registered in this Commonwealth
shall apply to the commission for a certificate of title to the
boat.
(b) Registration without certification prohibited.--The
commission shall not register or renew registration of a boat
required to be titled under subsection (a) unless a certificate
has been issued by the commission or an application for a
certificate has been delivered by the new owner to the
commission.
(c) Penalty.--Failure to obtain a certificate of title as
required by law is a summary offense of the second degree.
§ 5322. When certificate of title not required.
(a) General rule.--Except as otherwise provided in
subsection (b), no certificate of title shall be required for:
(1) A boat which is not required to be registered under
Subchapter A (relating to registration).
(2) A new boat which is owned by a manufacturer or
registered boat dealer before and until sale.
(3) A boat owned on the effective date of this
subchapter, until the boat is sold or otherwise transferred
to another owner.
(4) A boat with a model year before 1997.
(5) An outboard powered motorboat of less than 14 feet
in length.
(b) Limitations.--The exemptions set forth in subsection (a)
shall not apply to any boat previously titled in Pennsylvania or
any other state, provided that the owner of a boat titled in
another state shall not be required to obtain a Pennsylvania
title for such boat until it is registered in Pennsylvania or
until its ownership is transferred to another person.
§ 5323. Content and effect of certificate of title.
(a) Identification and encumbrances.--A certificate of title
shall contain such description and other evidence of
identification of the boat for which it was issued as the
commission may deem necessary, together with a statement of any
liens or encumbrances, including the names and addresses of the
holder or holders of the liens and encumbrances.
(b) Certificate as evidence and notice.--A certificate of
title issued by the commission is prima facie evidence of the
facts appearing on the certificate. The certificate shall be
adequate notice to the Commonwealth, creditors, subsequent
lienholders and purchasers that a lien against the boat exists.
§ 5324. Refusing issuance of certificate of title.
The commission may refuse issuance of a certificate of title
when it has reasonable grounds to believe:
(1) A required fee has not been paid.
(2) Taxes payable under the laws of this Commonwealth on
or in conjunction with or resulting from acquisition or use
of the boat have not been paid.
(3) The applicant is not the owner of the boat.
(4) The application contains false or fraudulent
statements.
(5) The applicant has failed to furnish required
information or documents or any additional information the
commission reasonably requires.
§ 5325. Rules and regulations.
(a) General rule.--The commission shall, within one year of
the date of enactment of this subchapter, promulgate the rules
and regulations necessary to carry out the provisions of this
subchapter, including regulations pertaining to, but not limited
to:
(1) Application procedure for certificates of title.
(2) Contents of applications.
(3) Boats brought into this Commonwealth from outside of
this Commonwealth.
(4) Boats purchased from dealers.
(5) Boats sold or transferred privately.
(6) Specially constructed or reconstructed boats.
(7) Delivery of certificate of title.
(8) Duplicate or replacement titles.
(9) Transfer of ownership of boats.
(10) Transfer to or from manufacturer or dealer.
(11) Repossession of boats.
(12) Boats which are junked, destroyed, lost, stolen or
abandoned.
(13) Voluntary titling of boats by owners prior to sale
or transfer.
(14) Suspension or cancellation of certificate of title.
(15) Creation and perfection of security interests in
boats.
(16) Assignments of security interests.
(17) Satisfaction of security interests.
(18) Recordkeeping, documentation and information
verification regarding boats.
(b) Penalties.--Any person who violates a rule or regulation
promulgated under this section commits a summary offense of the
second degree.
§ 5326. Offenses relating to titling.
(a) Prohibited acts.--The following acts are prohibited:
(1) Operating a boat in this Commonwealth for which a
certificate of title is required without having obtained the
certificate of title for the boat.
(2) Selling, transferring or otherwise disposing of a
boat without delivering to the purchaser or transferee a
certificate of title, or a manufacturer's or importer's
certificate, assigned to the purchaser or transferee as
required by this subchapter.
(3) Failing to surrender to the commission any
certificate of title upon cancellation of the same by the
commission for any valid reason set forth in this subchapter
or regulations adopted under this subchapter.
(4) Altering or forging any certificate of title to a
boat or any assignment thereof or any cancellation of any
lien on a boat.
(5) Altering, forging or counterfeiting any certificate
of title or a manufacturer's or importer's certificate to a
boat.
(6) Altering or falsifying any assignment of a
certificate of title or an assignment or cancellation of a
security interest on a certificate of title of a boat.
(7) Holding or using a certificate of title to a boat or
holding or using any assignment or cancellation of a security
interest on a certificate of title to a boat, knowing it to
have been altered, forged, counterfeited or falsified.
(8) Using a false or fictitious name or address, making
any material false statement or concealing any material fact
in any application for a certificate of title or in a bill of
sale or sworn statement of ownership.
(9) Procuring or attempting to procure a certificate of
title to a boat or passing or attempting to pass a
certificate of title or any assignment thereof to a boat,
knowing or having reason to believe that the boat has been
stolen.
(10) Possessing, buying, receiving, selling or offering
to sell or otherwise disposing of a boat on which the
manufacturer's or assigned hull identification number has
been destroyed, removed, covered, altered or defaced, knowing
of such destruction, removal, covering, alteration or
defacement of the manufacturer's or assigned hull
identification number.
(11) Destroying, removing, covering, altering or
defacing the manufacturer's assigned hull identification
number on any boat.
(12) Possessing, buying, selling, exchanging or giving
away or offering to buy, sell, exchange or give away the
certificate of title to any boat which is junked or salvaged.
(13) Knowingly obtaining goods, services, credit or
money by means of a certificate of title to a boat, which
certificate is required by law to be surrendered to the
commission.
(b) Penalties.--A person who violates subsection (a)(1)
through (3) commits a summary offense of the second degree. A
person who violates subsection (a)(4) through (13) commits a
misdemeanor of the third degree.
§ 5327. Fees.
The following fees shall be due:
(1) The fee for issuance of a certificate of title shall
be $15.
(2) The fee for a duplicate certificate of title shall
be $5.
(3) The fee for recording or changing the amount of
security interest on a certificate of title shall be $5.
(4) The fee for copies of or information relating to a
title or security interest shall be $5.
(5) The fee for issuing or providing copies of any other
official document issued under the authority of this chapter
shall be $5.
§ 5328. Implementation.
The commission shall issue certificates of title as provided
for in this subchapter on and after the effective date of the
regulations promulgated under the authority of section 5325
(relating to rules and regulations).
Section 4. This act shall take effect as follows:
(1) The addition of 30 Pa.C.S. § 5325 shall take effect
in 60 days.
(2) This section shall take effect in 60 days.
(3) The remainder of this act shall take effect six
months after the effective date of regulations promulgated
under the authority of 30 Pa.C.S. § 5325.
APPROVED--The 2nd day of July, A. D. 1996.
THOMAS J. RIDGE
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