Sec. 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.