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(no email)
Date: Fri Apr 13 2007 - 20:57:39 EDT
There is absolutely nothing in the below references that states (or implies)
you cannot state register a documented boat and display the state
registration numbers if the owner elects to do so - all that it mentions is
that states cannot REQUIRE you to register and display state numbers on a
documented boat.
As far as a state title goes, I have owned two documented boats that were
titled in MD. One I did not have state registered and just displayed the
state documented usage sticker. The other boat is registered and I
currently display state numbers. The state was fully aware that my titled
boats were documented and they did not insist I surrender any title or
number, etc.
Greg Steckel
M/V Different Drummer
President 35 Sundeck
Frog Mortar Creek, MD
www.fmyc.org
www.chesapeakebayboater.com
-----Original Message-----
From: Gil Johnson [mailto:]
Sent: Friday, April 13, 2007 4:31 PM
To: TWL
Subject: T&T: USCG Documentation and State Titling and Registration
Some of you have said that your state requires or allows you to display
state registration numbers, again this is not the small decal but rather the
4"
numbers, i.e. FL 1234 AB. Others have said your state allows you to title a
USCG documented boat. I personally have checked the states that you've
claimed will allow titling of a USCG Documented boat and they've all said
that's not so.
I submitted a request for clarification to the National Vessel Documentation
Center, in which they answered in minutes via email, and here's what they
said:
"A documented vessel cannot display state numbers."
Here's
the applicable reference for titling and display of state registration
numbers:
USC TITLE 46 > Subtitle II > Part H > CHAPTER 121 > ' 12124 Surrender of
title and number
(a) A documented vessel shall not be titled by a State or required to
display numbers under chapter 123, and any certificate of title issued by a
State for a documented vessel shall be surrendered in accordance with
regulations prescribed by the Secretary of Transportation.
There was also a question about proof of legal ownership. This one will take
a attorney to explain. A USCG Documented boat may not be titled by a state,
per the above. Therefore, a title is not an option. Here's the USC on legal
ownership as it pertains to USCG Documentation:
USC TITLE 46 > Subtitle II >
Part H > CHAPTER 121 > ' 12104. Effect of documentation A certificate of
documentation is
(3) not conclusive evidence of ownership in a proceeding in which ownership
is in issue.
I believe the operative word here is
"conclusive", which implies it may be proof of ownership, but not conclusive
proof. Frankly, this would be the only jurisdictionally issued documentation
that supports proof of ownership, so any attorneys out there that want to
explain this one.
So, for those of us that have USCG Documented boats without state issued
titles and lacking the ugly state issued numbers on our hulls, sleep well
knowing you're compliant with the US Code.
Gil
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