Pennsylvania Act 1996-73 — FISH AND BOAT CODE (30 PA.C.S.) - AMEND TITLING AND REGISTRATION OF BOATS

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