15A N.C. Admin. Code 10F.0102
Current through Register Vol. 38, No. 24, June 17, 2024
Section 10F .0102 - APPLICATION FOR CERTIFICATE OF VESSEL NUMBER(a) Definitions. The definitions in G.S. 75A-2 shall apply throughout this Subchapter and to the forms prescribed pursuant to this Subchapter. As used in this Subchapter, the following definitions shall also apply:(1) "Boating Accident" means a collision, accident, casualty, or occurrence involving a vessel or its equipment and resulting in: (A) damage by or to the vessel, its equipment, or other property;(B) injury or loss of life to a person; or(C) the disappearance of a person from a vessel under circumstances that indicate the possibility of death or injury. A "boating accident" includes capsizing, collision, foundering, flooding, fire, explosion, and the disappearance of a vessel other than by theft.
(2) "Certificate of Title" means a document that serves as evidence of ownership of a vessel.(3) "Charter Fishing Vessel" means a vessel carrying passengers for hire who are engaged in recreational fishing.(4) "Dealer" means a person, firm, or corporation engaged in the business of offering vessels for sale at retail or wholesale from an established location.(5) "Government Agency Vessel" means a vessel owned and operated by the United States or a federal agency, a state, or a subdivision of a state.(6) "Rent or Lease Vessel" means a vessel that is rented or leased by the owners to an individual for a defined period of time.(7) "Manufacturer" means a person, firm, or corporation engaged in the business of manufacturing vessels either upon commission or for sale after manufacture.(8) "Nonprofit Rescue Squad Vessel" means a vessel owned and operated by a nonprofit rescue squad exclusively for rescue purposes, including rescue training.(9) "Proof of Ownership Document" means a document that provides evidence of ownership, including a Certificate of Number or a Certificate of Title issued by the Commission or a similar document issued by another state or country, an affidavit, a bill of sale, a manufacturer's statement of origin, or another document that establishes ownership.(10) "Vessel Agent" means an individual or business authorized by the Commission to conduct vessel transactions for certificate of number and certificate of titling requirements in G.S. 75A.(b) General. The certificate of numbering and certificate of titling requirements of G.S. 75A-4, 75A-7, 75A-34, and 75A-35 shall apply to vessels operated on the public waters of North Carolina, including rented and leased vessels, commercial fishing vessels, and commercial passenger vessels. Vessels operated pursuant to a dealer's or manufacturer's certificate of number for demonstration or testing purposes, government agency vessels, and non-profit rescue squad vessels shall not be subject to the titling requirements of G.S. 75A-34 and G.S. 75A-35 but shall remain subject to the certificate of numbering requirements of G.S. 75A-4 and G.S. 75A-7. An owner applying for a certificate of number and certificate of title of a vessel, shall apply to the Commission or to one of its vessel agents using an application available on the Commission website at www.gooutdoorsnorthcarolina.com. The application shall include the following information: (1) the name of the owners;(2) the address, telephone number, date of birth, and North Carolina driver license number of the owners;(3) the current or previous certificate of number, if applicable;(4) the desired period of certificate of number, either one or three years;(5) the primary operation of the vessel: (C) dealer or manufacturer demonstration;(E) commercial passenger;(7) the manufacturer, if known;(8) the year of manufacture or model year, if known;(9) the manufacturer's hull identification number, if any;(10) the overall length of the vessel in feet and inches;(13) the type of propulsion: (15) the engine drive type: (16) a proof of ownership document;(17) the signature of the owners;(18) the make of motor if over 25 horsepower, including serial number and purchase price of motor, if known;(19) the lien holder name, address, and telephone number, if applicable;(20) the effective lien date, if applicable;(21) the county where vessel is taxed; and(22) proof of United States Coast Guard documentation, if applicable.(c) Application for certificate of number and certificate of title. The owners shall complete and submit an application for a certificate of number, proof of ownership documents, and required fees to the Commission or one of its vessel agents for processing within 15 days of the date of sale. A new certificate of number shall be issued for new or never-before registered vessels. For a period of 60 days following the date of sale, the new owners may use a copy of the proof of ownership document as a temporary certificate of number pending receipt of the original certificate, provided it contains the date of sale. If required, a certificate of title shall be issued and the reported liens shall be recorded.(d) Rented or Leased Vessel Owners. Upon receipt of a completed application and a copy of the lease or rental agreement form and fee, the Commission shall issue to the applicant a certificate of number and, if applicable, a certificate of title.(e) Dealers and Manufacturers of Vessels. Upon receipt of a completed application and fee, the Commission shall issue to the applicant a certificate of number that may be used in connection with the operation of a vessel in the possession of the dealer or manufacturer when the vessel is being demonstrated. Dealer and manufacturer certificates of number shall not be transferred. A new certificate of number shall be issued upon sale or transfer. Demonstration vessels shall not be titled so long as the vessel is owned by the dealer or manufacturer. Vessels owned or possessed by dealers or manufacturers for personal use or for a use other than for demonstration and testing purposes shall be individually registered in the name of the dealer or manufacturer in accordance with the certificate of number requirements of Paragraph (b) of this Rule. Additional dealer or manufacturer certificates of number may be obtained by making application in the manner prescribed for the initial certificate with payment of a fee for each additional certificate. Dealers and manufacturers may register individual vessels in accordance with Rule .0104(a) of this Section.(f) Government Agency and Nonprofit Rescue Squad Vessels. Upon receipt of a completed application and proof of ownership documents from a government agency or non-profit rescue squad, the Commission shall issue to the applicant a permanent certificate of number. There shall be no fee for a permanent government agency or non-profit rescue squad certificate of number and the certificate shall be valid until the vessel is transferred to another government agency, an individual, a business, or a dealer. Government agency and nonprofit rescue squad registered vessels shall not be titled.(g) Commercial Fishing Vessel. The standard application for a certificate of number shall be used for commercial fishing vessels with the term "commercial fishing" marked in the section designated for "primary operation of the vessel." Upon receipt of a completed application, proof of ownership document, and fee, the Commission shall issue to the applicant a certificate of number and, if applicable, a certificate of title.(h) Commercial Passenger Vessel. Upon receipt of a completed application, proof of ownership document, and fee, the Commission shall issue to the applicant a certificate of number and, if applicable, a certificate of title.15A N.C. Admin. Code 10F .0102
Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 75A-34; 75A-35; 33 C.F.R. 174.17;
Eff. February 1, 1976;
Amended Eff. August 31, 1980;
Legislative Objection Lodged Eff. December 16, 1980;
Amended Eff. July 1, 1988 at ARRC request to cure referenced Legislative Objection;
Amended Eff. August 1, 2014; May 1, 2007; July 1, 1998; April 1, 1997; November 1, 1993; August 1, 1988; July 1, 1988;
Readopted Eff. November 1, 2018.Amended by North Carolina Register Volume 28, Issue 23, June 2, 2014, effective 8/1/2014.Readopted by North Carolina Register Volume 33, Issue 11, December 3, 2018 effective 11/1/2018.Amended by North Carolina Register Volume 38, Issue 07, October 2, 2023 effective 9/1/2023.