HAR §13-241-4. Number display

(a) The identification number awarded to any vessel as indicated in the certificate of number shall be painted on, attached to, or otherwise permanently displayed on each side of the bow (i.e. the forward half of the hull) or on the permanent superstructure located on the forward half of the hull which is as nearly vertical as possible where such number may be easily observed and provide maximum opportunity for identification, or, if due to vessel configuration, the above will not provide ready identification, on a bracket or fixture firmly attached to the forward half of the vessel. A displayed number shall not be placed on the obscured underside of a flared bow where the angle is such that the numbers cannot be easily seen from another vessel or ashore. The numerals and letters in a displayed number shall read from left to right, shall be in block characters of good proportion, and shall measure not less than three full inches from top to bottom. A displayed number meets the sizing requirements of this section if it is clearly visible and legible from a distance of at least one hundred feet away. (b) No numerals, letters, or devices other than those used in connection with the ready identification numbers issued to a vessel shall be carried on the forward half of the vessel and no devices which might §13-241-4 8 interfere with the ready identification of the vessel by its number shall be carried on any part of the vessel. (c) No identification numbers other than those awarded to a vessel as indicated in a valid certificate of number that is in full force and effect shall be displayed on the forward half of any undocumented vessel. Any other previously awarded number or numbers awarded in a certificate of number that has expired or been cancelled or withdrawn shall be covered or removed. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §200-24) (Imp: HRS §§200-24, 200- 31) §13-241-5 Application for number or title; contents; requirements. (a) The application for a certificate of title shall be made in accordance with chapter 200A, Hawaii Revised Statutes. The application for a certificate of number shall be made by the owner to the department or any agency authorized by the department in accordance with procedure prescribed by the department on the form it prescribes and shall contain: (1) The name, driver's license or civil identification number, residence, and mailing address of the owner. (2) The owner's date of birth. (3) The owner's present citizenship. (4) The state in which the vessel is principally used. (5) The location where vessel is principally kept. (6) The present U.S. Coast Guard number, if any, or number if numbered in a state other than Hawaii. (7) The date the vessel entered Hawaii, if numbered in another state. (8) The date the vessel was first operated by the applicant. (9) A description of the vessel including, but not limited to, the following so far as they §13-241-5 9 exist: hull material (wood, steel, aluminum, plastic, other), type of propulsion (outboard, inboard, inboard-outboard, sail, other), type of fuel (gas, diesel, other), length of vessel, make, model, type, manufacturer, builder, maker, year built, and country in which the vessel was built. (10) A statement as to the primary operation of the vessel, including, but not limited to, charter fishing, commercial fishing, commercial passenger carrying, dealer demonstration, manufacturer demonstration, other commercial operation, pleasure, rent or lease (livery), or other. (11) The manufacturer's or builder's hull identification number. Where there is no hull identification number on the vessel or where a hull identification number has been destroyed or obliterated, the applicant shall state so on the application. (12) Any further information the department reasonably requires: (1) to identify the vessel, (2) to enable a determination that the owner is entitled to a certificate of number, (3) to determine if a security interest in the vessel exists, or (4) for the use by federal or other state or local agencies. (13) A certification of ownership by the applicant. (14) The applicant's physical signature. Except as otherwise required by law, an electronic signature shall not be acceptable for the purposes of this section. (b) Every initial application for a certificate of number shall be accompanied by: (1) Appropriate evidence establishing proof of ownership of the vessel by the applicant. Proof of such ownership shall only be established for the purposes of this section by one of the following: §13-241-5 10 (A) A certificate of title issued in accordance with chapter 200A, Hawaii Revised Statutes. (B) A properly endorsed document indicating title to the vessel, if the vessel has been numbered and issued a title by another state or country. (2) A statement under oath, or a certification by a person authorized by the department, that the builder's hull identification number, if any, of the vessel has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vessel the department reasonably requires. The department, if not satisfied with the evidence submitted as proof of ownership, may require additional information and documents, including any additional statements under oath, as is necessary to establish purported ownership of a vessel. (d) All requirements governing the application for certificate of number shall apply to livery (rental) boats, except that the description of the motor, if any, and type of fuel need not be completed on the application in every case where the engine is not rented as part of the boat. (e) An application for certificate of number for a dealer's or manufacturer's vessel shall not require a description of the vessel. In lieu of the description, the word "manufacturer" or "dealer", whichever is appropriate, shall be plainly indicated on the application. (f) The department shall require any person applying for a certificate of number or title pertaining to a foreign built vessel to furnish evidence of payment of custom duties upon reasonable belief that any United States Customs duty pertaining to the vessel has not been paid. (g) An application for a certificate of number pertaining to a foreign built vessel or a vessel owned by a person not a citizen of the United States and to be used in coastwise trade or commercial fishing shall §13-241-7 11 not be accepted, and notice of the action by the department shall be sent to the U.S. Coast Guard. (h) An application for issuance of a certificate of number pertaining to a vessel previously owned in whole or in part by a citizen of the United States and purchased by a person not a citizen of the United States shall be accompanied by evidence that the transaction was approved by the U.S. Maritime Administration, except in those instances where federal laws and regulations do not require approval. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §§200- 24, 200A-29) (Imp: HRS §§200-24, 200-31, 200A-29) §13-241-6 Authority to grant or refuse applications. (a) The department shall examine and determine the genuineness, regularity, and legality of every application for numbering of a vessel and any other application lawfully made to the department relating to this chapter and may in all cases conduct any investigation as may be deemed necessary or require additional information. The department shall reject any application if not satisfied with the genuineness, regularity, or legality thereof or the truth of any statement contained therein, or for any other reason, when authorized by law. (b) The issuance of a certificate of number under this chapter, or a certificate of title under chapter 200A, Hawaii Revised Statutes, shall not in any way be construed that the department is warranting or guaranteeing the title to the vessel named in the certificate. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §§200-24, 200A-29) (Imp: HRS §§200-24, 200-31, 200A-29) §13-241-7 Certificate of number and certificate of title; contents. (a) A certificate of number shall contain the following information: (1) The name and address of the owner. (2) Manufacturer's or builder's hull identification number, if any. §13-241-7 12 (3) Hull material (aluminum, fiberglass, plastic, rubber/vinyl/canvas, steel, wood, other). (4) Type of propulsion (inboard, outboard, pod drive, sterndrive, other). (5) Type of fuel (electric, diesel, gasoline, other). (6) Length of vessel. (7) Make, model, type or builder of vessel and year built. (8) Statement as to use (charter fishing, commercial fishing, commercial passenger carrying, dealer demonstration, manufacturer demonstration, other commercial operation, pleasure, rent or lease (livery), other). (9) Number issued to vessel. (10) Expiration date of certificate. (11) Notice that the owner shall report within seven days changes of ownership or address and destruction or abandonment of vessel. (12) Notice that the operator shall: (A) Always carry the certificate on vessel when in use. (B) Report to the department all boating accidents in accordance with chapter 13-242. (C) Stop and render aid or assistance if involved in a boating accident. (13) Any other data considered necessary by the department. (b) The description of the vessel will be omitted from the certificate of number awarded to a boat dealer or boat manufacturer pursuant to section 13-241-18 since the number and the certificate of number issued may be transferred from one vessel to another. In lieu of the description, the word "manufacturer" or "dealer", whichever is appropriate, will be plainly marked on each certificate. (c) The description of the motor and type of fuel will be omitted from the certificate of number of a livery boat in any case where the motor is not rented with the vessel. §13-241-9 13 (d) In addition to the requirements of section 200A-9(a), Hawaii Revised Statutes, a certificate of title shall contain any other information considered necessary by the department. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §§200-24, 200A-29) (Imp: HRS §§200-24, 200-31, 200A-29) §13-241-8 Certificate of number and certificate of title; description. (a) The size and format of a certificate of number shall be determined by the department. The operator of the vessel shall ensure that the certificate of number is readily available at all times for examination on the vessel for which it is issued, whenever the vessel is in operation. (b) The size and format of a certificate of title shall be determined by the department. The owner shall not be required to keep the certificate of title on the vessel for which it is issued. [Eff 2/24/94; am 6/13/03; am and comp 3/20/21] (Auth: HRS §§200-24, 200-31, 200A-29) (Imp: HRS §§200-24, 200-31, 200A-29) §13-241-9 Cancellation of certificate of number; withdrawal of number. (a) Except as provided in this section or as otherwise required by law, a number issued to a vessel pursuant to this chapter shall be permanent. (b) The chairperson may cancel a certificate of number issued to a vessel under this chapter even though the action occurs before the expiration date of the certificate of number and regardless of whether or not the certificate of number is surrendered to the department. Causes for cancellation of certificates of number include, but are not limited to: (1) Issuance of a marine document by the U.S. Coast Guard for the same vessel. (2) False or fraudulent certification in an application for number. §13-241-9 14 (3) The vessel to which the number is assigned is lost, destroyed, abandoned, sunk, or permanently removed from the State. (4) Other reasons when necessary and proper to carry out this chapter. (c) A vessel permanently removed from the State shall not have its certificate of number automatically cancelled, and the owner shall be responsible for any and all fees incurred and owed to the department. (d) A certificate of number shall be automatically cancelled if the corresponding certificate of title is cancelled. (e) Any vessel whose certificate of number has been cancelled shall also have its number automatically withdrawn. Any number that has been withdrawn shall be removed from further use, except that the board may reinstate a number that has been withdrawn. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §200-24) (Imp: HRS §§200-24, 200-31) §13-241-10 Period of validity and renewal of certificate of number; dormant certificate of number; stored vessels. (a) The original certificate of number initially issued to a vessel pursuant to this chapter shall continue in full force and effect for a period ending one year from the date of issuance of the certificate unless sooner terminated or discontinued in accordance with applicable rules or laws. (b) If the owner named in a certificate of number is deceased, the certificate of number may be designated as "dormant" status upon submission of a valid death certificate to the department. Subject to compliance with the above, a certificate of number becomes "dormant" beginning on the date of the owner's death and ending on the date that the deceased owner's name is properly removed from the corresponding certificate of title. A vessel properly designated as "dormant" may maintain its assigned number past the expiration date on the vessel's certificate of number or may be assigned a new number. §13-241-10 15 (c) Any vessel not owned by or operated under the custody or control of a boat manufacturer or boat dealer, and which has a valid certificate of number issued pursuant to this chapter, may be stored; provided that: (1) An owner desiring to change the status of their vessel's certificate of number to or from "stored" shall make written application to the department on a form prescribed by it at least five business days before the desired date of the status change. (2) Changing the status of a certificate of number to or from "stored" shall not be effective until all applicable fees owed to the department are paid and the department approves the change in status. (3) The owner of a stored vessel shall surrender the last issued certificate of number to the department. (4) The effective date for a certificate of number being changed to or from "stored" status shall only be the date approved by the department. (d) Except for stored vessels and vessels with a dormant certificate of number, the following shall apply to all certificates of number: (1) A certificate of number issued pursuant to this chapter may be renewed no earlier than ninety days before its expiration date. The same number shall be assigned if the renewal application is received within one year after the expiration date of the certificate of number. (2) A certificate of number renewed on or prior to the expiration date shall be valid for a period ending one year from the date of expiration of the certificate being renewed. A certificate of number renewed after the expiration date shall be valid for a period ending one year from the date of renewal. (3) A renewal application received more than one year after the date of expiration of the §13-241-10 16 certificate of number shall be treated in the same manner as an application for an original number. (e) A renewal application for a certificate of number that has been cancelled or a number that has been withdrawn, or both, shall be treated in the same manner as an application for an original number. (f) Fees that would be assessed pursuant to section 13-241-25, except those relating to stored vessels, may be waived by the department for the period that a vessel remains stored or a certificate of number remains dormant. (g) Members of the U.S. Armed Forces on active duty, stationed or on order to be stationed in Hawaii, their spouses, and their dependents, shall be exempt from subsection (d); provided that this exemption shall only apply for the period that the U.S. Armed Forces member is on active duty and stationed in Hawaii, and the department receives satisfactory proof as may be necessary to determine such status. (h) Only the owner or a co-owner named in a vessel's certificate of title or certificate of number, or a person who has been given the power of attorney for an owner or co-owner, established by satisfactory proof as may be necessary to determine such status, may renew a certificate of number or change the certificate of number to "stored" status. A person desiring to renew the certificate of number for a vessel shall, at minimum, provide the vessel's assigned number or hull identification number to be allowed to proceed with the renewal. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §200-24) (Imp: HRS §§200- 24, 200-31) §13-241-11 Owner required to report change of address, ownership, loss, destruction or abandonment of vessel. (a) The owner of any vessel for which a certificate of number or certificate of title has been issued in accordance with this chapter or chapter 200A, Hawaii Revised Statutes, shall notify the department in writing within five business days if: §13-241-12 17 (1) The vessel is documented by the U.S. Coast Guard; lost, destroyed, abandoned, or sunk; or permanently removed from the State; or (2) The owner's address no longer conforms to the address appearing on the certificate of number or certificate of title. (b) The owner, as a part of the notification required by subsection (a), shall furnish the department with the owner's new address, if the owner's address no longer conforms to the address appearing on a certificate of number or certificate of title. If the change in status involves a transfer of ownership, the name and address of the new owner shall be included in the notification. A notification required pursuant to this section sent by mail shall not be effective until the department receives the notification. (c) The certificate of number for a vessel shall terminate if: (1) The vessel is documented by the U.S. Coast Guard, lost, destroyed, abandoned, sunk, or permanently removed from the State; or (2) The owner transfers all or any part of the owner's interest in the vessel, other than a security interest to another person or persons. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §§200-24, 200A-29) (Imp: HRS §§200-22, 200-24, 200-31, 200A-29) §13-241-12 New owner must secure new certificate of number and certificate of title. (a) The new owner of all or any part of the interest in any vessel for which a certificate of number or certificate of title has been issued pursuant to this chapter shall, within ten business days after acquiring same, make application to the department upon forms prescribed by it, for transfer or revision, whichever is appropriate, of the certificate of number or certificate of title issued to such vessel. The amended certificate of number shall, if in full force and effect at the time of the transfer, remain valid §13-241-12 18 for so long as the original certificate of number would have been valid under this chapter. Except as provided in subsection (b), unless an application is made, the appropriate fees are paid, and an amended certificate of number is obtained within the time limit prescribed by this subsection, the vessel shall be deemed to be without certificate of number, and it shall be unlawful for any person to operate the vessel on the waters of the State until a valid certificate is issued. (b) Subsection (a) notwithstanding, if a boat dealer (1) buys a vessel for which a certificate of number has been awarded pursuant to this chapter, (2) procures the certificate of number from the owner, (3) holds the vessel for resale, and (4) notifies the department of the purchase within ten business days after delivery of the vessel, the boat dealer need not apply to the department for transfer of the certificate of number issued to the vessel. A copy of the dealer's notification of purchase to the department shall, together with the certificate of number, be available at all times for examination on the vessel for which issued, whenever the vessel is in operation. The boat dealer, upon transferring the vessel to another person, shall promptly mail or deliver the certificate of number to the department with the transferee's application for a new certificate of number as prescribed in subsection (a). (c) Every boat dealer shall maintain, for a minimum of three years, a written record, in such a form prescribed by the department, of every vessel bought, sold or exchanged, or received for sale or exchange. The record shall be open to inspection by a representative of the department or law enforcement personnel during reasonable business hours for the purposes of verifying compliance with this subsection. [Eff 2/24/94; am and comp 3/20/21] (Auth: HRS §§200- 24, 200A-29) (Imp: HRS §§200-24, 200-31, 200A-29)