N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.6 - Registration of boat dealers
(a)
Section
2257 of the Vehicle and Traffic Law
requires that any person engaged in the business of buying, selling or trading
boats be registered with the commissioner as a boat dealer. However, that
section exempts from the registration requirement, a person who sells no boats
other than boats determined by the commissioner to be boats or devices which
would not ordinarily be considered as usable for transportation on water. For
the purposes of that section and this regulation, any boat or device which is
not designed to be equipped with a motor by which it can be mechanically
propelled, provided it is not sold with a motor for such use, shall not be
considered as usable for transportation on water.
(b) A person applying for registration as a
boat dealer shall submit to the commissioner the appropriate registration fee
together with an application form or forms supplied by the commissioner
completed and submitted in the manner prescribed on such form. A separate boat
dealer registration must be obtained for each separate location at which a
person is operating as a boat dealer.
(c) A dealer registration shall not be issued
unless the commissioner is satisfied that the applicant has a place of business
which is either owned by the applicant or leased to him for a period of at
least one year, and such place of business contains a structure of sufficient
substance to adequately provide for the transaction of business and to afford
reasonable security for records required to be kept by the dealer. The
commissioner shall require the applicant to display a sign or other acceptable
means of identification visible to the public which contains the name of the
applicant as it appears on the application for registration and the applicant's
status as a registered boat dealer. In addition, proof of compliance with other
statutory requirements, such as worker's compensation, shall also be required
to be filed. However, the commissioner may issue a temporary registration
pending final approval of an application.
(d) A registered dealer shall not hold a boat
for sale on the dealer premises unless the dealer has acceptable evidence of
ownership or evidence of right to possession of the boat nor shall the dealer
sell or transfer a boat unless acceptable evidence of ownership is in the
dealer's possession at the time of sale.
(e) As hereinafter provided, a registered
boat dealer must either provide the transferee with acceptable evidence of
ownership and a bill of sale which conforms to the requirements of subdivision
(g) of this section or the dealer must submit such evidence of ownership and a
copy of such bill of sale to the commissioner along with an application for
registration on behalf of the transferee and the appropriate registration
fee.
(f) Whenever a dealer issues a
temporary registration the dealer must make application for registration (and
certificate of title, if appropriate) to the commissioner on behalf of the
registrant. Whenever a dealer transfers a boat which is required to be titled
in this State and which is subject to a security interest, the dealer must make
application to the commissioner for registration and title on behalf of the
transferee. A dealer may make application for registration (and certificate of
title, if appropriate) in this State for any other boat transferred by the
dealer if the transferee agrees. In any case in which the dealer makes such
application for registration (and certificate of title, if appropriate) in this
State, the dealer must deliver to the transferee a copy of the application for
registration, copies of all evidence of ownership, and the original of the bill
of sale which he submitted to the commissioner. Whenever a dealer makes
application for registration and/or title in this State on behalf of his
transferee, such application to the commissioner must be made by mail to the
central processing unit of the department.
(g) Bill of sale. Every bill of sale issued
by a registered boat dealer shall be consecutively numbered with a unique bill
of sale identification number and shall contain the name and address of the
dealer, the dealer's registration number, the name and address of the
transferee, the boat registration number, if assigned by the dealer or
previously issued for that boat, a complete description of the boat, including
make, model year, hull identification number, hull material, length, type of
propulsion, whether the boat is new or used, and a statement that all New York
State and local sales tax has been collected.
(h) Temporary registrations. A registered
boat dealer will, upon request, be furnished with temporary registration
certificates and a series of registration numbers by the commissioner which the
dealer may assign upon the sale or transfer of a boat. After issuance of such
temporary registrations, the dealer must mail a completed registration
application, with appropriate documentation and the appropriate fee to the
commissioner at the central processing unit of the department no later than
five calendar days after the issuance of such temporary registration. He must
provide the transferee with the temporary registration document properly
completed in conformity with the instructions contained thereon. The dealer
must also assign a registration number from the series assigned to the dealer
by the commissioner, unless the boat being transferred was previously
registered and numbered in this State.
(i) Required records.
(1) A boat dealer is required to maintain a
permanently bound book of registry in which shall be recorded a complete
description of all boats acquired for the purpose of sale, traded or sold, the
name and address of the person from whom the boat was obtained, the
registration number of the boat and the location of the boat, if it is being
held elsewhere than on the premises described in the dealer registration. Boat
description shall include make, model year, hull identification number, hull
material, length, type of propulsion, if any, and whether the boat is new or
used. The book shall also contain the name and address of the person to whom
the boat is transferred, the date of sale, the number of the dealer's bill of
sale, whether any temporary registration was issued, and if so the date of
issuance, and the registration number of the boat. If the boat requires a
certificate of title, the number of liens listed on the application must also
be listed in such book. In addition, a copy of the bill of sale given to the
transferee must also be maintained.
(2) When a purchaser trades in a boat not
subject to the Certificate of Title Law, its registration must be completely
filled out showing transfer of the boat to the dealer and must be signed by the
transferor at the time of trade-in. If the boat is subject to the Certificate
of Title Law, the certificate of title properly assigned to the boat dealer and
signed by the transferor at the time of trade-in must be obtained by the
dealer.
(3) All dealer records must
be maintained for a period of five years. Such records shall be open for
inspection by the commissioner or agents of the commissioner during regular
business hours.
(j) If a
person acts as both a boat dealer and a yacht broker, such person must both
register as a boat dealer and certify as a yacht broker and must keep separate
records as a dealer and as a yacht broker, including separate books of registry
for each function.
(k) Dealer
demonstrator numbers. Upon request, the commissioner shall assign a series of
demonstrator numbers to a registered boat dealer together with a set of two
validating stickers for each such number assigned. The number of demonstrator
numbers to be assigned can be limited in the discretion of the commissioner. It
shall be the dealer's responsibility to fabricate each such number assigned in
conformity with the dimensions required for registration numbers set forth in
subdivision (3) of section
2253 of the Vehicle and Traffic Law in such
a manner that such numbers can be temporarily affixed to any boat owned or
controlled by the dealer and held for sale, for the purpose of sale or
demonstration. Such numbers, together with the validating stickers shall be
temporarily affixed to the boat being used for demonstration at the same
locations that regular registration numbers and validating stickers are
attached.
(l) A dealer retiring
from business must return all registration forms, numbers and plates which may
have been received by the dealer from the commissioner.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.