DIVISION 3.5. REGISTRATION AND TRANSFER OF VESSELS [9840. - 9928.]

Division 3.5 added by Stats. 1970, Ch. 1428.

§§ 9840–9928 · 73 sections

1. CHAPTER 1. General Provisions and Definitions §§ 9840–9845 · 2 sections

   • § 9840 As used in this division, unless the context clearly requires a different meaning: (a) “Vessel” includes every description of watercraft used or capable of…
   • § 9845 The director, deputy director, registrar, deputy registrar, investigators of the department, and peace officers, as defined in Chapter 4.5 (commencing with…
2. CHAPTER 2. Registration §§ 9850–9880 · 44 sections

   • § 9850 Every undocumented vessel using the waters or on the waters of this state shall be currently numbered. No person shall operate nor shall any county, city, or…
   • § 9851 The department may adopt rules and regulations for the registration of undocumented vessels belonging to the state, local public agencies, or to the United…
   • § 9852 The department shall promulgate rules and regulations setting forth requirements relative to establishing proof of ownership to be submitted by the owner at…
   • § 9852.5 Ownership of an undocumented vessel subject to registration may be held by two or more coowners as follows: (a) A vessel may be registered in the names of two…
   • § 9852.7 (a) Ownership of an undocumented vessel subject to registration may be held in beneficiary form that includes a direction to transfer ownership of the vessel…
   • § 9852.9 (a) On and after July 1, 2008, the form for an initial application for a number prepared by the department pursuant to Section 9853 shall include both of the…
   • § 9853 (a) The owner of each vessel requiring numbering by this state shall file an initial application for a number with the department or with an agent authorized…
   • § 9853.1 Upon receipt of the application in approved form, the department shall issue a certificate of ownership to the legal owner and a certificate of number to the…
   • § 9853.2 The owner shall paint on or attach to each side of the forward half of the vessel the identification number in such manner as may be prescribed by rules and…
   • § 9853.3 The certificate of number for vessels less than 26 feet in length and leased or rented to another for the latter’s noncommercial use of less than 24 hours may…
   • § 9853.4 (a) The department may issue one or more stickers, tabs, or other suitable devices to identify vessels as being currently registered. The size, shape, and…
   • § 9853.5 Upon request, the department shall issue for any power-driven pleasure craft which is constructed of wood and which was constructed prior to December 31, 1942,…
   • § 9853.7 (a) (1) When the retail seller of an undocumented sterndrive or inboard vessel, that contains a spark-ignition marine engine below 373 kW (500 hp) rated power…
   • § 9853.8 (a) This section applies only to a sterndrive or inboard vessel that contains a spark-ignition marine engine below 373 kW (500 hp) rated power output that was…
   • § 9854 The owner of any vessel already covered by a number in full force and effect that has been issued to it pursuant to then operative federal law or a federally…
   • § 9855 If the ownership of an undocumented vessel changes, the existing certificate of ownership and a new application form accompanied by a fee of fifteen dollars…
   • § 9856 (a) It is not required that the department issue, or that an application be made for a new certificate of ownership or a new certificate of number, or that the…
   • § 9857 If an agency of the United States government shall have in force an overall system of identification numbering for undocumented vessels within the United…
   • § 9858 The department may issue any certificate of ownership and certificate of number or temporary certificate of number directly or the department may authorize any…
   • § 9858.1 Any documentary preparation charge by an authorized agent of the department shall not exceed twenty dollars ($20).
   • § 9858.5 Any licensed yacht and ship broker acting as an authorized agent of the department may collect use tax on a vessel transfer when applicable, and transmit the…
   • § 9859 All money received by an agent from the sale of certificates of number or temporary certificates of number and use tax shall be kept separate and apart from…
   • § 9860 (a) Certificates of number shall be renewed before midnight of the expiration date by presentation of the certificate of number last issued for the vessel or…
   • § 9861 All certificates of number expire on December 31 of every odd-numbered year.
   • § 9862 (a) If the initial application for a number is not received by the department on or before the date set by the department, a penalty of one-half of the fee…
   • § 9862.5 In computing any penalty imposed under this chapter, a fraction of a dollar shall be disregarded unless it equals or exceeds fifty cents ($0.50), in which case…
   • § 9863 (a) Except as required under subdivisions (b) and (c), and except moneys collected under Section 9875, fees received pursuant to this chapter shall be…
   • § 9864 The owner shall furnish the department notice of the wrecking or dismantling, or the destruction or abandonment of an undocumented vessel within 15 days…
   • § 9865 Any holder of a certificate of number shall notify the department within 15 days, if his address no longer conforms to the address appearing on the certificate…
   • § 9866 No number other than the number issued to an undocumented vessel or granted reciprocity pursuant to this chapter shall be painted, attached, or otherwise…
   • § 9867 A fee of fifteen dollars ($15) shall be charged for a duplicate of certificate of number, certificate of ownership, or current year registration stickers.
   • § 9867.5 Upon application for transfer of registration pursuant to Section 9917, a fee as specified in Section 9867 shall be paid to the department in addition to the…
   • § 9868 Fees received pursuant to this chapter are appropriated for payment of refunds of money received or collected in the payment of fees, permits, or services…
   • § 9869 The department shall transmit information from each initial application and each transfer application or renewal application to the county assessor in the…
   • § 9870 A nonprofit public benefit corporation governed by the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1…
   • § 9871 Upon application for original registration or transfer of registration of an undocumented vessel, the department may assign an appropriate hull identification…
   • § 9871.5 Upon application for renewal of registration of an undocumented vessel, the applicant is required to furnish the hull identification number if the records of…
   • § 9872 No person shall intentionally deface, destroy, or alter the hull identification number of a vessel required to be numbered under this chapter without written…
   • § 9872.1 (a) No person shall knowingly buy, sell, offer for sale, receive, or have in his or her possession any vessel, or component part thereof, from which the hull…
   • § 9872.5 No certificate of ownership shall be issued under this chapter for any “amphibious vehicle” for which a certificate of ownership may be issued by the…
   • § 9873 An undocumented vessel shall not be required to be numbered under this chapter if it is: (a) Already covered by a number in full force and effect that has been…
   • § 9874 The department may suspend, cancel, or revoke the registration of a vessel, a certificate of number, sticker, certificate of ownership, or temporary…
   • § 9875 Except as provided in Section 40000.8, any person who violates any provision of this chapter or any rule or regulation of the department adopted pursuant to…
   • § 9880 (a) The department shall not renew the certificate of number of, or allow a transfer of any title to or interest in, a vessel if the county tax collector has…
3. CHAPTER 3. Transfer of Title or Interest in Undocumented Vessel §§ 9900–9928 · 27 sections

   • § 9900 No transfer of the title or any interest in or to an undocumented vessel numbered under this code shall pass, and any attempted transfer shall not be…
   • § 9901 Whenever any person has received as transferee a properly endorsed certificate of ownership, he or she shall, within 10 days thereafter, forward the…
   • § 9902 The department, upon receipt of a properly endorsed certificate of ownership and a new application form and the required fee, shall issue a new certificate of…
   • § 9903 (a) Prior to the issuance of any certificate of ownership the department shall obtain a statement in writing, signed by the transferee or transferor, showing:…
   • § 9905 An owner who has made a bona fide sale or transfer of an undocumented vessel and has delivered possession of the vessel to a purchaser shall not by reason of…
   • § 9906 A legal owner may assign his title or interest in or to an undocumented vessel numbered under this code to a person other than the owner without the consent of…
   • § 9907 Upon transfer of the title or any interest of the legal owner or legal owners in an undocumented vessel numbered under this code, the transferor shall write…
   • § 9908 Upon transfer of the title or interest or any part thereof of the registered owner only in an undocumented vessel numbered under this code, the registered…
   • § 9909 When the required certificate of ownership is lost, stolen, damaged, or mutilated, application for transfer may be made upon a form provided by the department…
   • § 9910 It is unlawful for any person to fail or neglect to deliver the certificate of number and, when having possession, to properly endorse, date, and deliver the…
   • § 9911 Whenever the owner of an undocumented vessel numbered under this code sells or transfers his or her title or interest in, or any part thereof, and delivers the…
   • § 9912 Every dealer upon transferring by sale, lease or otherwise any undocumented vessel, whether new or used, required to be numbered under this code, shall, not…
   • § 9913 When a security interest upon a numbered vessel is satisfied, canceled, or released by the parties thereto who are the registered owner and legal owner…
   • § 9914 The transferee of a security interest in the interest of a legal owner of a numbered vessel need not make application for a transfer of ownership when the…
   • § 9915 (a) Whenever the title or interest of any owner or legal owner in or to a vessel numbered under this code passes to another otherwise than by a voluntary…
   • § 9916 (a) If 40 days have elapsed since the death of an owner or legal owner of any vessel numbered under this division without the decedent leaving other property…
   • § 9916.5 (a) On death of the owner of a vessel numbered under this division and owned in beneficiary form, the vessel belongs to the surviving beneficiary, if any. If…
   • § 9916.7 (a) If the department makes a transfer pursuant to Section 9916.5, the department is discharged from all liability, whether or not the transfer is consistent…
   • § 9917 Whenever application is made to the department for a transfer of ownership of a vessel to a new owner or legal owner and the applicant is unable to present the…
   • § 9918 If the application for a transfer is made in the manner provided in this code, the department shall not be required to withhold the transfer of any right,…
   • § 9919 No security interest in any vessel numbered under this code, irrespective of whether such number was effected prior or subsequent to the creation of such…
   • § 9920 When the secured party, his successor or assignee, has deposited with the department a properly endorsed certificate of ownership showing the secured party as…
   • § 9921 Upon the deposit with the department of the certificate of ownership showing the secured party as legal owner as provided in Section 9919 hereof, the…
   • § 9922 The method provided in this chapter for perfecting a security interest in a vessel numbered under this code is exclusive.
   • § 9923 In the absence of the regularly required supporting evidence of ownership upon application for registration or transfer of a vessel, the department may accept…
   • § 9924 In the event the vessel is no longer registered in this state and the currently valid certificate of ownership is surrendered to the department or the vessel…
   • § 9928 The department shall withhold the certificate of number or the transfer of registration of any vessel sold at retail to any applicant by any person other than…