N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.3 - Registration procedures
(a)
Place of application for registration. A boat dealer registered in this State
making application for a boat registration (and certificate of title, if
appropriate) on behalf of the transferee must mail an application for
registration, the proper fee and required documentation to the central
processing unit of the department. Any other person making application for a
boat registration (and certificate of title, if appropriate) must mail or
deliver an application, proper fee and appropriate documentation to any
district office of the department or any office of a county clerk acting as
agent of the commissioner for the issuance of boat registrations. For the
renewal of a boat registration, the completed renewal application and fee
should be sent in accordance with the directions on the renewal invitation. Any
amendment to a boat registration or application for a duplicate boat
registration may be made by mail or in person at a district office of the
department or at any office of a county clerk acting as agent of the
commissioner for the issuance of boat registrations.
(b) Registrant. In order to comply with
Federal regulations, a registration must be in the name of the owner of the
boat.
(c) Evidence of ownership. In
order to register (and title, if appropriate) a boat, acceptable evidence of
ownership must be submitted with the application.
(1) For a new boat required to be titled,
acceptable evidence of ownership shall consist of a manufacturer's statement or
certificate of origin.
(2) For a
used boat required to be titled, acceptable evidence of ownership shall consist
of:
(i) a certificate of title if the boat was
previously titled in this State or in any other jurisdiction which required a
certificate of title for that boat; or
(ii) a transferable registration if the boat
was previously registered in a jurisdiction which did not require that boat to
be titled.
(3) For a new
boat not required to be titled, acceptable evidence of ownership shall consist
of:
(i) a manufacturer's statement or
certificate of origin; or
(ii) if
no such statement or certificate was issued by the manufacturer, a bill of sale
from the dealer containing a listing of owners or assignees of the boat from
the manufacturer to the current selling dealer.
(4) For a used boat not required to be
titled, acceptable evidence of ownership shall consist of:
(i) a certificate of title if the boat was
last titled in a jurisdiction which required a certificate of title for the
boat; or
(ii) a transferable
registration if the boat was last registered in this State or in another
jurisdiction in which a certificate of title was not required for that
boat.
(5) For a homemade
boat, acceptable evidence of ownership shall consist of supporting
documentation with respect to acquisition of parts and proof of the assignment
and the affixing of a hull identification number provided by the Office of
Parks, Recreation and Historic Preservation.
(6) Documented boats. Notwithstanding the
foregoing requirements of this subdivision, if the evidence of ownership
submitted with an application for registration (and title, if appropriate)
consists in whole or in part of documentation issued by the United States Coast
Guard or similar agency of any foreign government, such document shall be
acceptable as evidence of ownership. However, the provisions of paragraph (8)
or (9) of this subdivision, whichever may be appropriate, with respect to proof
of transfer of ownership shall also apply.
(7) Manufacturer's statement or certificate
of origin. A manufacturer's statement or certificate of origin must be issued
by the manufacturer of the boat or by a duly designated agent of such
manufacturer and must contain at least the following: identification as a
certificate or statement of origin for a boat, the name and address of the
manufacturer, the date of the statement or certificate, an identifying number,
the hull identification number of the boat, the year, make, model and length of
the boat, the name and address of the distributor or dealer to whom the boat
has been transferred, a statement that such transfer is the first transfer of a
new boat in ordinary trade and commerce, the signature of an authorized
representative of the manufacturer and on the reverse must contain appropriate
language for at least two distributor-dealer assignments including lien
information.
(8) Dealer transfers.
In addition to the documentation listed above, upon the sale of a boat by a
registered New York dealer, a copy of the dealer's bill of sale conforming to
section 104.6(g) of this
Part must also be submitted as evidence of ownership, as well as documentation
of prior transfers between dealers evidenced by appropriate assignments on the
manufacturer's statement or certificate of origin, or bills of sale.
(9) Nondealer transfers. In any case in which
a boat has been transferred, other than by a registered New York State dealer,
if the document which is evidence of ownership does not provide for the
transfer of ownership on that document, a copy of the bill of sale showing the
name and address of the seller, a complete description of the boat including
make, model year, hull identification number, hull material, length, type of
propulsion, if any, the name and address of the purchaser, the date of sale and
the purchase price shall also be required to be submitted. In addition, if
there is more than one transfer of ownership since the last registration
certificate or certificate of title submitted as evidence of ownership,
documentation of all prior transfers, evidence by appropriate assignments of
certificates of title, registration certificates or bills of sale must be
submitted.
(10) Nonvoluntary sales
or transfers. Proof of the right to sell or transfer and proof of compliance
with appropriate procedures for such sale or transfer must be submitted after a
nonvoluntary sale or transfer such as upon foreclosure of a lien, after a
repossession, in accordance with a court order or on sale or transfer of an
abandoned or confiscated boat.
(11)
Discretionary approval. Notwithstanding the foregoing provisions of this
subdivision, in the absence of a transferable registration or a certificate of
title, an affidavit of ownership and/or any other document may be accepted, at
the discretion of the commissioner, as proof of ownership. However, with
respect to boats required to be titled, this discretion shall ordinarily be
exercised only when the history of the boat consists solely of ownership in a
jurisdiction which requires neither the registration nor titling of such a boat
nor any other form of documentation for such boat.
(d) Sales tax. A New York registered boat
dealer and a New York certified yacht broker must collect all State and local
sales taxes due upon the sale of a boat and must certify that such tax has been
collected. Such certification must be submitted with the application for
registration (and certificate of title, if appropriate). If the boat has not
been acquired from a registered New York boat dealer or through a certified New
York yacht broker, evidence that the appropriate sales tax has been paid must
be obtained and submitted before a boat registration will be issued. In such
cases, the sales tax will be collected and evidence thereof will be given by
the district office of the department or the county clerk acting as agent of
the commissioner for the issuance of boat registrations.
(e) Transfer of ownership of registered
and/or titled boats in this State.
(1) Upon
the transfer of ownership of a boat required to be titled, the registration
document shall not be required to be surrendered to the transferee, and the
commissioner need not be notified by the transferor of such transfer. Transfer
of such a boat is to be made by completing the transfer portion of the
certificate of title and surrendering the same to the transferee.
(2) Upon the transfer of ownership of a boat
not required to be titled, the transferor shall complete the transfer portion
of the registration document and shall surrender it to the new owner. The
transferor need not notify the commissioner of such transfer.
(f) Exemption for documented
boats. Although application for registration must be made for a properly
documented boat which requires registration pursuant to the Vehicle and Traffic
Law, such boat shall be exempt from displaying registration numbers.
Notes
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