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(no email)
Date: Sun Apr 15 2007 - 14:10:27 EDT
My original question was for a clear reference that stated a owner could not
voluntary display state registration on a documented boat. I had no
question on the issues of joint Title nor a State's right to require
registration with no numbering. The only references provide alluded to or
implied with interpretation these positions.
Consequently, I did some of my own research and below are clear references
on these issues:
"IS A DOCUMENTED VESSEL EXEMPT FROM STATE JURISDICTION?
No, all documented vessels must comply with the laws of the state in which
they are operated. The vessel's document must be shown to state law
enforcement personnel upon their demand. States may require documented
vessels to be registered (but not numbered) and to display state decals
showing that they have complied with state requirements." (From Vessel
Documentation web page)
"CFR TITLE 33
' 173.33 Removal of number.
The person whose name appears on a certificate of number as the owner of a
vessel shall remove the number and validation sticker from the vessel when:
(a) The vessel is documented by the Coast Guard;
(b) The certificate of number is invalid under paragraph (c) of '173.77; or
(c) The vessel is no longer principally used in the State where the
certificate was issued.
' 173.77 Validity of certificate of number.
(a) Except as provided in paragraphs (b), (c), (d), and (e) of this section,
a certificate of number is valid until the date of expiration prescribed by
the issuing authority.
(b) A certificate of number issued by an issuing authority is invalid after
the date upon which:
(1) The vessel is documented or required to be documented under Part 67 of
Title 46, Code of Federal Regulations;
(2) The person whose name appears on the certificate of number as owner of
the vessel transfer all of his or her ownership in the vessel; or
(3) The vessel is destroyed or abandoned.
(c) A certificate of number issued by an issuing authority is invalid if:
(1) The application for the certificate of number contains a false or
fraudulent statement; or
(2) The fees for the issuance of the certificate of number are not paid.
(d) A certificate of number is invalid 60 days after the day on which the
vessel is no longer principally used in the State where the certificate was
issued.
(e) The certificate of number is invalid when the person whose name appears
on the certificate involuntarily loses his or her interest in the numbered
vessel by legal process."
As Section 173 of Title 33 states, it is very clear that once a vessel is
documented, the certification of number ( state registration numbers) are
invalid and must removed. This is what I wanted to see to ensure I really
needed to get the MD documented use sticker and give up my registration
numbers. Another interesting note is paragraph (d) of Section 173.77.
Based on this, it appears that those undocumented boats that are cruising
out of their home state over 60 days, have no valid certificate of number
and would be subject to any violation a local jurisdiction would impose on
them accordingly - sounds like another good reason to document a boat.
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: Saturday, April 14, 2007 3:29 PM
To: TWL
Cc:
Subject: T&T: USCG Documentation and State Titling and Registration
Greg, with the confusion that exists with this subject some things are
pretty clear. The USC reference I provided earlier clearly states the
following, " A documented vessel shall not be titled by a State or required
to display numbers...and any certificate of title issued by a State for a
documented vessel shall be surrendered.." I don't believe it takes an
attorney to understand this language.
Gil
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