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(continued)
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5101, 5104 and 5105, Vehicle Code.
s 170.04. Receipt of Environmental License Plates as a Gift.
(a) A statement of facts shall be required when the plates were ordered as a gift and the purchaser's name was incorrectly listed as the plate owner.
(1) The statement of facts shall indicate that the plates are a gift to the registered owner or lessee of the vehicle to which the plates will be assigned and that no money changed hands.
(2) The statement of facts shall be completed either by the original applicant or the recipient.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5101, 5104 and 5105, Vehicle Code.
s 170.06. Surrender of Current Plates.
(a) When application for environmental license plates is made for a currently registered vehicle, and the vehicle to which the plates will be assigned is known, the current plates shall be surrendered to the department at the time of application, with the following exception:
(1) If the current plates are not available, the applicant shall complete a statement of facts.
(A) The statement of facts shall state that the applicant understands that the current plates are no longer valid and the applicant will destroy the plates.
1. The plates shall be considered destroyed when they are mutilated in a manner which renders them useless.
(b) When the vehicle to which the plates will be assigned is unknown at the time of application, the current plates and registration certificate shall be surrendered when the environmental license plates are picked up and assigned to the vehicle, with the following exception:
(1) If the current plates are not available, the applicant shall complete a statement of facts.
(A) The statement of facts shall state that the applicant understands that the current plates are no longer valid and the applicant will destroy the plates.
1. The plates shall be considered destroyed when they are mutilated in a manner which renders them useless.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5101 and 5105, Vehicle Code.
s 170.08. Delivery of Environmental License Plates.
(a) When the vehicle to which the plates will be assigned is known and the registration documents are furnished at the time of application, the department shall mail the plates to the plate owner.
(b) When the vehicle to which the plates will be assigned is unknown or the registration documents are not furnished at the time of application, the department shall notify the plate owner when the plates have been delivered to the designated office.
(1) The department shall make three attempts by telephone or mail to contact the plate owner to pick up the plates and assign them to a vehicle.
(A) If the owner does not respond within four months of the first contact attempt, the department shall notify the owner in writing that priority to the plates will be lost in 30 days and the plates will be destroyed.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5104 and 5105, Vehicle Code.
s 170.10. Retention of Environmental License Plates.
(a) When payment of registration renewal fees is not required as specified in Vehicle Code Section 4000 for a vehicle to which the environmental license plate was last assigned, the environmental license plate owner shall be permitted to retain the plate upon payment of an annual retention fee of $25, as specified in Vehicle Code Section 5106(c).
(1) If the annual retention fee is not paid by the expiration of the registration year for which payment of registration renewal fees is not required, the plate owner shall lose ownership and the letter/number configuration shall become available for reassignment.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5105 and 5106, Vehicle Code.
s 170.12. Cancellation of Environmental License Plates.
(a) Pursuant to Vehicle Code Section 5105, the department shall cancel and order the return of any environmental license plate previously issued which contains any configuration of letters and/or numbers which the department later determines may carry connotations offensive to good taste and decency.
(1) The department shall base this determination on the criteria specified in Section 170.00(c)(3)(D).
(b) The department shall notify the plate owner in writing of the cancellation and advise the plate owner of the options available for further action, as specified in Vehicle Code Section 5105(b).
(1) Pursuant to Vehicle Code Section 5105(b), the plate owner shall be entitled to a hearing by submitting a written request to the department no later than ten departmental business days after receiving the notification.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Section 5105, Vehicle Code.
s 171.00. Requirements for Former Prisoner of War License Plates.
(a) To be eligible for former Prisoner of War license plates, the applicant for plate ownership must meet the definition of a former prisoner of war as described in Section 324.5 of the Vehicle Code.
(b) In addition to the requirements specified in Sections 170.00 through 170.08 for environmental license plates, the applicant shall present proof of the registered owner's or lessee's eligibility for a former Prisoner of War license plate by submitting to the department one of the following documents:
(1) A letter of verification from the National Personnel Records Center showing the registered owner's or lessee's name and establishing that the registered owner or lessee was held a prisoner of war by forces hostile to the United States during a period of armed conflict.
(2) An official document which substantiates that the registered owner or lessee was a prisoner of war, such as a Veterans Administration Hospital Card marked "POW" or military discharge papers which declare the bearer to be an ex-prisoner of war.
(c) The evidence submitted to the department shall be returned to the applicant.
(d) The configuration specified in Section 170.00(c)(3) shall meet the specifications of Vehicle Code Section 5101.5.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 324.5, 5101.5, 5106 and 5108, Vehicle Code.
s 171.02. Number of Prisoner of War License Plate Sets.
(a) Upon application, submission of eligibility proof, and payment of fees specified in Section 170.00(b), additional sets of Prisoner of War license plates, each set bearing a different configuration, shall be issued for each vehicle owned or leased by the former prisoner of war.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Section 5101.5, Vehicle Code.
s 171.04. Surrender of Prisoner of War License Plates upon Death.
(a) Prisoner of War license plates shall be surrendered to the department within 60 days after the death of the former prisoner of war.
(b) Prisoner of War license plate ownership shall not be transferred to any other person, including the co-owner of the vehicle.
Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Section 5101.5, Vehicle Code.
s 172.00. Definitions.
(a) A press photographer is a person who is regularly employed or engaged as:
(1) A newspaper photographer or cameraman.
(2) A newsreel photographer or cameraman.
(3) A television photographer or cameraman.
(4) A newsmagazine photographer or cameraman.
(5) A news gathering company photographer or cameraman.
(b) Regularly employed means full time employment (with the principal assignment as a photographer or cameraman) by:
(1) A newspaper.
(2) A newsmagazine.
(3) A news gathering company.
(4) A newsreel company.
(5) A television station.
(6) A company taking pictures for newspapers, newsmagazines, news gathering companies, for newsreels, or for presentation on television.
(c) Regularly engaged means devoting more than 50 percent of employment time or deriving more than 50 percent of personal income from taking pictures for newspapers, newsmagazines, news gathering companies, for newsreels, or for television.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Vehicle Code.
s 172.05. Application.
(a) Application for press photographer license plates shall be completed upon an appropriate form provided by the department.
(b) Proof that an applicant is a press photographer as defined herein shall consist of:
(1) The applicant's certification to that effect.
(2) The name and address of the newspaper, newsmagazine, news gathering company, newsreel company, television station, or company taking pictures for presentation on television he is employed by or to which he sells pictures or his services.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Vehicle Code.
s 172.10. Plates.
(a) Press photographer license plates may be issued to not more than one motor vehicle registered (either solely or jointly with one or more owners) to a person who is a press photographer as defined herein.
(b) The press photographer license plates issued to a motor vehicle shall be surrendered to the Department of Motor Vehicles immediately when
(1) The press photographer owner ceases to be a press photographer as defined herein.
(2) The vehicle is transferred from the registered ownership of the press photographer.
(c) Press photographer license plates shall be used only on the motor vehicle to which they have been assigned by the Department of Motor Vehicles.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Vehicle Code.
s 172.15. Display of Validating Stickers.
Note: Authority cited: Sections 1651 and 5205, Vehicle Code. Reference: Sections 4457 and 5204, Vehicle Code.
s 173.00. Application Requirements for Legion of Valor License Plates or Purple Heart License Plates.
(a) An application for Legion of Valor license plates or Purple Heart license plates for a vehicle currently registered in California shall be submitted to the department on a Special License Plate Application, Form REG. 583 (12/91), provided by the department and shall include the following information:
(1) The vehicle identification number of the vehicle which will be assigned Legion of Valor or Purple Heart license plates.
(2) The make of the vehicle which will be assigned Legion of Valor or Purple Heart license plates.
(3) The current license plate number of the vehicle to which the Legion of Valor or Purple Heart license plates will be assigned.
(4) The true full name of the registered owner of the vehicle which will be assigned Legion of Valor or Purple Heart license plates.
(A) To be eligible for a Legion of Valor license plate, the registered owner must be the recipient of one or more of the following medals: Army Medal of Honor, Navy Medal of Honor, Air Force Medal of Honor, Army Distinguished Service Cross, Navy Cross or Air Force Cross.
(B) To be eligible for a Purple Heart license plate, the registered owner must be a recipient of a Purple Heart.
(5) The address of the registered owner.
(6) A statement signed and dated by the registered owner certifying under penalty of perjury under the laws of the State of California that all the information entered on the application by the registered owner is true and correct.
(7) The registered owner's daytime telephone number.
(8) An indication of whether the vehicle to which the Legion of Valor license plates will be assigned is classified as auto/commercial or trailer.
(A) Legion of Valor license plates shall not be assigned to motorcycles.
(9) An indication of whether the vehicle to which the Purple Heart license plate will be assigned is classified as auto/commercial, motorcycle, or trailer.
(10) An indication that the type of plates requested are Legion of Valor or Purple Heart license plates.
(b) The application shall be submitted with:
(1) Proof of eligibility as specified in Section 173.02 for Legion of Valor license plates or Section 173.04 for Purple Heart license plates.
(2) The fee required by Section 5101.4 of the Vehicle Code for Legion of Valor license plates; or
(3) In addition to the regular fees for an original or renewal registration, a fee of $36 for Purple Heart license plates, unless the recipient is exempt from the additional fees for one vehicle pursuant to Section 5101.8(d) of the Vehicle Code.
(4) The current registration certificate.
(c) The current plates shall be surrendered to the department at the time of application, with the following exception:
(1) If the current plates are not available, the applicant shall complete a statement of facts.
(A) The statement of facts shall state that the applicant understands that the current plates are no longer valid and the applicant will destroy the plates.
1. The plates shall be considered destroyed when they are mutilated in a manner which renders them useless.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5101.4 and 5101.8, Vehicle Code.
s 173.02. Additional Requirement for Legion of Valor License Plate Application.
(a) In addition to meeting the requirements specified in Section 173.00, the registered owner shall provide proof of eligibility by surrendering to the department a copy of one of the following documents, containing the medal recipient's name and type of medal awarded, which shall be retained by the department:
(1) Department of Defense form D.D. 214.
(2) A General Order issued by the Department of Defense.
(3) Correspondence with a letterhead from the Awards and Decorations Unit, Department of Defense, The Pentagon, Washington, D.C.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.4, Vehicle Code.
s 173.04. Additional Requirement for Purple Heart License Plate Application.
(a) In addition to meeting the requirements specified in Section 173.00, the registered owner shall provide proof of eligibility by surrendering to the department a copy of one of the following documents, containing the Purple Heart recipient's name, which shall be retained by the department.
(1) Orders awarding the Purple Heart.
(2) The applicant's service record or discharge papers showing receipt of the Purple Heart award.
(3) Certification from a Purple Heart organization.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.8, Vehicle Code.
s 173.06. Number of Legion of Valor or Purple Heart License Plate Sets.
(a) Upon application, submission of eligibility proof, and payment of the applicable fee specified in Section 173.00(b)(2) and (3), additional sets of Legion of Valor or Purple Heart license plates, each set bearing a different configuration, shall be issued for each vehicle owned by the medal or Purple Hear recipient, respectively, regardless of the number of awards received.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5101.4 and 5101.8, Vehicle Code.
s 173.08. Surrender of Purple Heart License Plates upon Death.
(a) Purple Heart license plates shall be surrendered to the department within 60 days of the death of the Purple Heart recipient.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.8, Vehicle Code.
s 174.00. Requirements for Fire Fighter License Plates.
(a) To be eligible for Fire Fighter license plates, the registered owner must be a fire fighter or retired fire fighter.
(b) In addition to the requirements specified in Sections 170.00 through 170.08 for environmental license plates, the applicant shall present proof of the registered owner's eligibility for Fire Fighter license plates by submitting to the department one of the following documents, containing the fire fighter's name:
(1) Applicant's fire department identification card; or
(2) Applicant's International Association of Fire Fighters membership card; or
(3) Applicant's California Professional Fire Fighters Callback Association membership card; or
(4) Written documentation from the California Professional Firefighters verifying the applicant's eligibility.
Note: Authority cited: Sections 1651 and 5110(a), Vehicle Code. Reference: Section 5101.2, Vehicle Code.
s 180.00. Application for Regular Series License Plates for State-Owned University Vehicle.
(a) In addition to the requirements for registration of a vehicle pursuant to Vehicle Code Section 4150 and 4150.2, the applicant for regular series license plates for a state-owned vehicle assigned to a university chancellor or president of the University of California or California State University, or one of their campuses, shall submit to the department a request for such plates. The request shall be completed on university letterhead and signed by the president, or his or her designee, of either the Trustees of the California State University or the Regents of the University of California, as applicable. The request shall identify the following:
(1) The chancellor or president to whom the vehicle will be assigned. Identification shall include the person's name, title, and driver license number and the name of the university system or campus of which the person is the president or chancellor.
(2) The vehicle to which the regular series license plates will be assigned.
(A) For original registrations, the vehicle identification shall include the make, model, vehicle identification number, and the date the vehicle was first sold by a manufacturer, remanufacturer or dealer to a consumer.
(B) For non-original registrations, the vehicle identification shall include the make, model, vehicle identification number, and vehicle license number.
(b) In addition to the request specified in subsection (a), when regular series license plates are ordered to replace exempt license plates, an Application for Duplicate or Substitute, Form REG 156 (Rev. 4/92), shall be completed and signed by the applicant to whom the vehicle is assigned. The Application for Duplicate or Substitute shall include:
(1) An indication that the type of substitute item being requested is a license plate.
(2) The vehicle license number, make, and vehicle identification number.
(3) An indication that the plates for which replacement is being requested are being surrendered to the department.
(4) A signed and dated certification under penalty of perjury under the laws of the State of California that the information provided is true and correct.
(5) The applicant's name, address and telephone number.
(c) When regular series license plates are ordered to replace exempt license plates, the exempt license plates shall be surrendered to the department at the time of application.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5002.6.
s 180.02. Surrender of Regular Series License Plates Upon Reassignment of Vehicle.
(a) When the vehicle to which the regular series plates have been assigned is reassigned to a person other than the person who requested the plates, the trustees or regents shall remove the regular series plates from the vehicle on the effective date of the reassignment and shall surrender the regular series plates to the department no later than 60 days after the vehicle reassignment.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5002.6.
s 181.00. Foreign Organization License Plates.
(a) Officers and designated employees of the Taipei Economic and Cultural Office (TECO) are eligible for exemption from registration fees and are entitled to apply for special Foreign Organization license plates. The American Institute in Taiwan, located in Arlington, Virginia, shall be authorized to verify the official status of these officers and employees and notify the department.
(1) The notification shall be in writing and shall include the officer's or employee's name, official status, and the date the officer's or employee's appointment is approved.
(b) Upon successful completion of the application process by a TECO officer or designated employee, the department shall grant exemption from registration fees and issue a special Foreign Organization license plate bearing the words, "Foreign Organization," for a vehicle owned or leased by the officer or employee.
(c) The TECO officer or designated employee shall apply to the department for registration exemption and special Foreign Organization license plates by doing the following for each vehicle owned or leased by the officer or employee:
(1) Complete and present to the department in person or by mail the following portions of Miscellaneous Certifications, Form REG 256A (Rev. 3/2003), provided by the department, which shall contain the following information:
(A) The vehicle identification number; license plate number; vehicle make and year.
(B) An indication that the vehicle is exempt from registration because the registered owner is an officer or designated employee of TECO (Part B).
(C) A certification, signed and dated by the applicant under penalty of perjury, that the information on the form is true and correct (Part F).
(D) The daytime telephone number of the applicant (Part F).
(2) Provide the Certificate of Title or bill of sale for an original/nonresident vehicle.
(3) Provide a photocopy of the Tax Exemption Card (BT 111) issued by the California State Board of Equalization and an identification card issued by the Department of State.
(4) If applicable, surrender the current state or country license plates, or sign a statement of facts certifying the plates will be destroyed and disposed of in a manner which renders them useless.
(5) Provide a certificate of compliance as specified in Vehicle Code section 4000.1.
(d) The department shall refund any registration fees previously paid on the vehicle by a TECO officer or designated employee for the period after the official approval date of appointment specified pursuant to subdivision (a)(1).
(e) The registration fee exemption does not apply to duplicate certificates or substitute license plates. A TECO officer or designated employee shall be required to pay the fees specified in Vehicle Code sections 4850(c) and 9265 when applying for duplicate certificates and substitute license plates.
(f) Registration of the vehicle owned or leased by a TECO officer or designated employee expires on December 31 of each year.
(g) If a TECO officer or designated employee transfers ownership of a vehicle to another person, the TECO officer or employee shall remove the Foreign Organization plates from the vehicle on the effective date of the transfer and shall surrender the plates to the department within 60 days of transfer of ownership.
Note: Authority cited: Sections 1651 and 5006.5, Vehicle Code. Reference: Sections 1652 and 5006.5, Vehicle Code; and Sections 10781 and 10901, Revenue and Taxation Code.
s 190.00. Display of Numbers.
(a) The number issued to each undocumented vessel shall be displayed in the following manner:
(1) Be painted on or permanently attached to each side of the forward half of the vessel.
(2) Be in plain vertical block characters of not less than 3 inches in height.
(3) Contrast with the color of the background and be distinctly visible and legible.
(4) Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the prefix and the number, and the number and the suffix.
EXAMPLE: CF 1234 AB
(5) Letters and numbers to read from left to right.
(b) Vessels used by a manufacturer or by a dealer for testing or demonstrating shall have the number painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel.
(c) On inflatable vessels or on vessels so configured that a number on the hull or superstructure would not be clearly visible or properly adhere, the number shall be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.
(d) No numerals, letters or devices other than those used in connection with the state number issued shall be placed in the proximity of the state number, and no numerals, letters or devices which might interfere with the ready identification of the vessel by its state number shall be carried on any part of the vessel.
Note: Authority cited: Sections 1651 and 9853.2, Vehicle Code. Reference: Sections 9850, 9853.2 and 9857, Vehicle Code; and CFR, Title 33, Sections 173.19, 173.27, 174.13 and 174.14.
s 190.01. Registration Stickers.
The registration stickers issued by the department under the authority of Vehicle Code Section 9853.4 to identify a vessel as currently registered shall be securely affixed on each side of the vessel three inches aft (toward the stern) of and directly in line with the registration numbers and shall be so maintained as to be clearly visible at all times.
Note: Authority cited: Sections 1651 and 9853.4, Vehicle Code. Reference: Section 9853.4, Vehicle Code; and CFR, Title 33, Section 174.15.
s 190.02. Proof of Ownership.
Proof of ownership of vessels may be established for the purposes of Vehicle Code Section 9852 by one of the following:
(a) A Bill of Sale executed by the seller showing the name and address of the seller, name and address of the purchaser, the name and address of the legal owner if any, the location and date of sale, and description of the vessel; or a Certificate of Sale executed by the seller under oath showing the information required to be shown on the Bill of Sale.
(b) A properly endorsed document indicating title if the vessel has been numbered and issued a title by another state.
(c) Where neither (a) nor (b) above is appropriate, an affidavit executed by the applicant fully setting forth the facts to support applicant's claim of ownership in the vessel. Affidavits for materials used in construction of homemade boats shall be supported with Bills of Sale for major components.
(d) A Certificate of Origin, Bill of Lading or Invoice describing the vessel shall be required from any dealer who upon application for original registration lists himself as the owner of the vessel when such vessel is obtained through the dealer's inventory.
Note: Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Section 9852, Vehicle Code; and CFR, Title 33, Section 174.31.
s 190.03. Vessel Bond Requirements.
(a) A vessel owner applying for a California certificate of title without the required proof of ownership may submit a bond as authorized by Vehicle Code section 9923. The bond shall be executed by an admitted surety insurer on an Undocumented Vessel Surety Bond, form REG 5058 (REV. 10/2005), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The penal sum of the bond shall be in the amount of the fair market value of the vessel.
(1) The fair market value shall be determined by either:
(A) A written appraisal provided by a California licensed or other state licensed yacht and shipbroker; or
(B) Identification of the vessel and its price variations based on information provided in a recognized industry vessel valuation and pricing handbook. The highest and lowest price variations shall be added together and then divided by two; the result is the average price of a vessel. The average price shall be the fair market value.
(c) A vessel owner applying for a California certificate of title without the required supporting evidence of ownership may submit a deposit equal to the monetary amount appraised in Section 190.03 (b)(1)(A) or calculated in Section 190.03(b)(1)(B) in lieu of bond as provided in Section 995.710 of the Code of Civil Procedure.
Note: Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Section 9923, Vehicle Code.
s 190.04. Definition of a Livery Boat.
A livery boat is any vessel subject to registration under the California Vehicle Code, that is held primarily for the purpose of renting, leasing or chartering to others.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840 and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
s 190.05. Definition of a Vessel Carrying Passengers for Hire.
Vessels carrying passengers for hire means any vessel subject to registration under the California Vehicle Code which is held for use for the carriage of any person by such vessel for valuable consideration whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840 and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
s 190.06. Definition of a Boat Manufacturer.
A boat manufacturer is a person who is engaged wholly or in part in the business of building or assembling vessels who subsequently offers these vessels for sale and receives or expects to receive money, profit or any other thing of value resulting from such transactions.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 9840, Vehicle Code.
s 190.07. Definition of a Boat Dealer.
A boat dealer is a person who is engaged wholly or in part in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, any vessel or vessels and receives or expects to receive money, profit, or any other thing of value.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9856 and 9912, Vehicle Code.
s 190.08. Certificates of Number for Dealer, Manufacturer, Livery Vessel and Vessel Carrying Passengers for Hire.
(a) The Certificates of Number for dealer, manufacturer, livery vessels, commercial vessels of less than five net tons and vessels carrying passengers for hire shall be clearly marked to show the vessel use.
(b) All applications for numbering of such vessels shall be submitted directly to the Department of Motor Vehicles, Sacramento, who may upon approval after the payment of the required fees issue a vessel number with distinctive suffix letters.
(c) Dealer or manufacturer numbers shall only be temporarily attached to the vessel during demonstration or test period and are valid for that period of demonstration or test only.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9850, 9853, 9853.1-9853.3, Vehicle Code; CFR, Title 33, Sections 173.27 and 174.19; and CFR, Title 46, Section 67.01-11.
s 190.09. Terms and Conditions for Vessel Registration and Numbering.
The issuance of Certificates of Ownership and Number may be conditioned on:
(a) Title to, or other proof of ownership of a vessel except a recreational-type public vessel of the United States, and
(b) The payment of State or local taxes, except for such public vessels as defined in Section 9851 V.C.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852, 9853.1, 9853.4, 9855 and 9858, Vehicle Code; and CFR, Title 33, Section 174.31.
s 190.10. Contents of Applications for Certificate of Ownership and Certificate of Number.
(a) Applications for Certificates of Ownership and Number shall contain the following information:
(1) Name of the registered owner.
(2) Address of the registered owner and ZIP code.
(3) State in which vessel will be principally used.
(4) Location of vessel, city and/or county.
(5) Any number previously issued by an issuing authority for the vessel.
(6) Whether the application is for a new number, renewal of a number, transfer of ownership, duplicate Certificates of Ownership or Number.
(7) Whether the vessel is to be used for pleasure, rent or lease, dealer or manufacturer demonstration, commercial passenger carrying or other commercial use.
(8) Make of vessel.
(9) Year vessel was manufactured and model year, if known.
(10) Hull identification number.
(11) Overall length of vessel.
(12) Type of vessel.
(13) Hull material.
(14) Propulsion.
(15) Fuel, gasoline, diesel or other.
(16) Name and address of legal owner, if any.
(17) Signature of the registered owner.
(b) Applications made by a manufacturer or dealer for a number that is to be temporarily affixed to a vessel for demonstration or test purposes need only furnish items 1, 2, 6, 7 and 17 of paragraph (a).
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852 and 9853, Vehicle Code; and CFR, Title 33, Section 174.17.
s 190.11. Contents of Certificate of Number.
(a) Each Certificate of Number shall contain the following information:
(1) Number issued to vessel.
(2) Expiration date of the Certificate of Number.
(3) State of principal use.
(4) Name of the registered owner.
(5) Address of registered owner, including ZIP code.
(6) Name and address of legal owner, if any.
(7) Use of vessel such as pleasure, livery, dealer or manufacturer for demonstration, commercial passenger carrying or other commercial.
(8) Hull identification number.
(9) Make of vessel.
(10) Year manufactured and year model, if known.
(11) Overall length of vessel.
(12) Type of vessel.
(13) Hull material.
(14) Type of propulsion.
(15) Fuel type, gasoline, diesel or other.
(16) Information pertaining to change of ownership, documentation, theft or recovery of vessel, carriage of the Certificate of Number on board when vessel is in use; rendering aid in accidents and reporting casualties and accidents shall be contained on the Certificate of Number.
(b) A Certificate of Number issued to a manufacturer or dealer to be used on a vessel for demonstration purposes need only show items 1, 2, 3, 4, 5, 7 and 16 of paragraph (a) if the word "manufacturer" or "dealer" is plainly marked on the certificate.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853 and 9853.1, Vehicle Code; and CFR, Title 33, Section 174.19.
s 190.12. Validity of Certificate of Number.
(a) The Certificate of Number shall become invalid after the date:
(1) The vessel is documented or required to be documented under Part 67 of Title 46, Code of Federal Regulations.
(2) The owner of the vessel transfers all of his ownership in the vessel.
(3) The vessel is destroyed or abandoned.
(b) A Certificate of Number shall be invalid if the application contains a false or fraudulent statement.
(c) A Certificate of Number shall become invalid 60 days after the day on which the vessel is no longer principally used within the State of California.
(d) The Certificate of Number shall become invalid when the person whose name appears on the certificate involuntarily loses his interest in the numbered vessel by legal process.
(e) The Certificate of Number shall become invalid when the primary use of the vessel changes from the use indicated on the Certificate of Number pursuant to Section 190.11(a)(7).
(1) The owner of a vessel shall apply to the department for a new Certificate of Number when the primary use of the vessel changes from that indicated on the Certificate of Number.
(2) "Primary use of the vessel" means use that accounts for more than fifty percent of the operation of the vessel during a calendar year.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.1, 9855, 9858, 9864, 9874 and 9915, Vehicle Code; and CFR, Title 33, Section 173.77.
s 190.13. Removal of Stickers.
The number and sticker shall be removed from the vessel if the Certificate of Number becomes invalid for reasons contained in Section 190.12(a)(1), (b), or (c) of these regulations.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.4 and 9874, Vehicle Code; and CFR, Title 33, Section 173.33.
s 190.14. Temporary Certificate of Number.
A Temporary Certificate of Number shall be issued to applicants in accordance with Section 9858 V.C. to be valid for 60 days from date of issue.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 9858; and CFR, Title 33, Sections 173.75 and 174.29.
s 190.15. Hull Identification Numbers.
(a) All vessels subject to registration under the California Vehicle Code shall display a hull identification number. On vessels built after 1971, this number shall consist of at least 12 characters in a configuration consistent with federal regulations.
(b) Hull identification numbers will be assigned by the manufacturer or by the Department of Motor Vehicles upon failure by the manufacturer to assign the number.
(c) The hull identification number shall be carved, burned, stamped, embossed or otherwise permanently affixed using letters and numerals not less than 1/4 inch in height to the outboard side of the transom, or if there is no transom to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the water line of the boat in such a way that alterations, removal or replacement would be obvious.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9871 and 9871.5, Vehicle Code; and CFR, Title 33, Sections 181.23, 181.25, 181.27 and 181.29.
s 190.16. Fee-Exempt Boats.
(a) Boats belonging to State, County, or City Governments and Federal agencies of the United States shall not be required to pay the fees provided for in Sections 9853, 9855 and 9860 of the California Vehicle Code.
Note: Authority cited: Section 9851, Vehicle Code. Reference: Section 9851, Vehicle Code.
s 190.17. Recreational-Type Public Vessels.
Boats owned by the United States Armed Forces that are used for recreational purposes shall be known as "recreational-type public vessels." The Department of Motor Vehicle, Sacramento, California, shall upon application issue a Certificate of Number and Certificate of Ownership to the Armed Forces Agency owning the vessel. Such vessels shall be exempt from payment of all fees.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 9851, Vehicle Code; and CFR, Title 33, Section 173.11.
s 190.18. Fee-Exempt Annual Renewal.
The number issued to fee-exempt vessels shall contain suffix letters to designate the vessel as "fee-exempt." Display of the number shall be in accordance with Section 190 of this regulation. A sticker shall be issued to each vessel to identify it to be currently registered. Display of the sticker shall be in accordance with Section 190.01.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 9850, Vehicle Code.
s 190.19. Racing Vessels.
Boats brought to this state exclusively for racing purposes and remaining for less than 90 days, may be exempted from registering and numbering in California, providing the state of origin also exempts such vessels.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9854 and 9873, Vehicle Code.
s 190.20. Livery Vessels.
No person may operate a livery vessel unless that vessel has on board a valid Certificate of Number, a valid Temporary Certificate of Number, or a copy of the rental or lease agreement. The agreement must contain:
(1) The signature of the owner of the vessel or his representative.
(2) The signature of the person leasing or renting the vessel.
(3) The vessel number that appears on the Certificate of Number.
(4) The time period for which the vessel is leased or rented.
No obligation is created by these regulations (Sections 190.00 through 190.20) under Section 2231 of the Revenue and Taxation Code, for the reimbursement of any local agency for any costs that may be incurred in carrying on any program or performing any service required to be carried on or performed under these regulations.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 9853.3, Vehicle Code; and CFR, Title 33, Section 173.21.
s 190.21. Notification to the Department.
A person whose name appears as the owner of a vessel on a Certificate of Number shall, within 15 days, notify the Department of:
(a) Any change in his address.
(b) The loss or destruction of a valid Certificate of Number.
(c) The destruction or abandonment of the vessel.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864, 9865 and 9911, Vehicle Code; and CFR, Title 33, Section 173.29.
s 190.22. Surrender of Certificate of Number.
A person whose name appears as the owner of a vessel on a Certificate of Number shall surrender the certificate in a manner prescribed by the Department within 15 days after it becomes invalid under Section 190.12, paragraphs (a)(1)(2)(3), (b), (c), (d).
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864 and 9900, Vehicle Code; and CFR, Title 33, Section 173.31.
s 190.30. Department Agent's Authorization.
(a) Agents authorized by the department under Vehicle Code Section 9858 to accept registration applications of undocumented vessels shall be known as Undocumented Vessel Registration Agents. The appointment of such agents shall be at the pleasure of the department and they shall serve without compensation from the department.
(b) Undocumented Vessel Registration Agents may charge their customers a documentary preparation fee pursuant to Vehicle Code Section 9858.1.
Note: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858, 9858.1 and 9859, Vehicle Code.
s 190.32. Application for Appointment as an Undocumented Vessel Registration Agent.
(a) An applicant for appointment as an Undocumented Vessel Registration Agent shall submit to the department an Application for Appointment and Agreement as a Non-Public Undocumented Vessel Registration Agent, Form OL 54 (Rev. 3/2003).
(1) Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(b) The Application for Appointment and Agreement as a Non-Public Undocumented Vessel Registration Agent shall contain the following information:
(1) Information specifying the reason the application is being submitted.
(A) An application shall be submitted for the original appointment, change of name or address, change of ownership structure, or when adding a branch location.
(2) The business name, address and telephone number.
(3) The days and hours the business is open for business and the days the business is closed.
(4) The nature of the business.
(5) The applicant's Board of Equalization resale number (including a copy of the resale permit).
(6) The limited liability company or corporate number.
(7) An indication of how the business is structured.
(8) The name, residence address, telephone number, and driver license or identification card number of the owner, each partner, each of the corporation's principal officers, or all association representatives depending on the business structure.
(9) An indication as to whether the applicant, any partner, or corporate officer has ever been a Vessel Registration Agent for the state, has ever been a yacht and ship broker, or has ever been a Department of Motor Vehicles Occupational Licensee, and, if so, the license number and date of the license.
(10) An indication as to whether the applicant partner or officer has ever been convicted of any misdemeanor or felony offense including the dates of offense and court information.
(11) An explanation of the bankruptcy, including the date and court of jurisdiction, if the applicant, any partner or officer has ever declared bankruptcy.
(12) A certification that the information provided on the application is true and correct, and an agreement to comply with the department's requirements as set forth in the Agreement for Appointment as an Undocumented Vessel Registration Agency to Represent the California Department of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2.
(A) The certification and agreement shall be dated and signed under penalty of perjury under the laws of the State of California by the sole proprietor, all individual partners of a co-partnership, or all principal officers of the corporation, depending on the business structure.
(B) When the business is a corporation, the application shall also include the corporate officer title of each of its principal officers.
Note: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858 and 9859, Vehicle Code.
s 190.34. Responsibilities of Undocumented Vessel Registration Agents.
(a) Each Undocumented Vessel Registration Agent shall agree to assume, as a condition of appointment, the following responsibilities:
(1) Maintain an established place of business.
(2) Be engaged in an activity directly related to boating.
(3) Display a means of identification which will clearly indicate to the public the name of the business. Each separate branch of the business which will be authorized to conduct registration of vessels shall display such means of identification.
(4) Maintain all supplies at the business location described on the Application for Appointment and Agreement as a Non-Public Undocumented Vessel Registration Agent, Form OL 54 (REV. 3/2003).
(5) Make available for review all accountable vessel registration items upon demand by an authorized department employee. Accountable vessel registration items shall include any item bearing a serial number and having a value attached to it.
(6) Notify the Department of Motor Vehicles, Occupational Licensing Unit, P.O. Box 932342, Sacramento, CA 94232-3420, in writing no later than the first business day following the event of any of the following:
(A) Sale of business or change of terms in the agreement for appointment.
(B) Change of business structure, including the addition or deletion of partners or corporate officers.
(C) Change of business name or address.
(D) Adding or deleting a branch location.
(E) Lost or stolen accountable vessel registration items.
(7) Upon sale or termination of the business, all accountable vessel registration supplies, applications, and fees shall be forwarded to the department no later than the first business day following the sale or termination.
Note: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858 and 9859, Vehicle Code.
s 190.36. Duties of Undocumented Vessel Registration Agents.
(a) Each Undocumented Vessel Registration Agent shall agree to assume, as a condition of appointment, the following duties:
(1) Accept applications and fees for registration and transfer of vessels and issue Permanent Vessel Numbers, Temporary Certificates of Number, and vessel stickers to applicants.
(2) Forward a report every seven days listing all vessel registration transactions received during the previous seven days, accompanied by each application listed on the report and a single check or money order for all fees received for the registration of a vessel, to the address designated by the department no later than the close of business on the date shown on the report.
(A) The report shall be prepared on the Transmittal Record of Vessel Agent Registration Applications, Form ADM 173-1 (10/94) provided by the department. Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(B) The Transmittal Record of Vessel Agent Registration Applications shall be completed in ink and shall include the following information: the business name, address, and telephone number; the agent's number; date submitted; the vessel's CF number, or, if a new vessel, the hull identification number or the last name of the registered owner; the amount of cash, check, or credit media collected; the number of the sticker issued; miscellaneous receipts issued for transactions such as transfers, duplicates, etc.; an indication of whether a credit or refund is desired; an indication of the preferred delivery method; the total number of items by type submitted with the transmittal bundle; an authorized signature; and, the printed name of the person signing the report.
(C) All accountable items issued shall be listed on the transmittal in numerical order.
(D) Each registration transaction processed shall be entered on the transmittal immediately after the receipt has been written.
(E) Three copies of the transmittal shall be sent weekly to the department, and the agent shall retain a fourth copy.
(F) A Transmittal of Vessel Agent Registration Applications shall be submitted indicating, "No transactions during week of xx/xx/xx" when no transactions have occurred during the week.
(3) Process the types of vessel registration transactions indicated on the Agreement for Appointment as an Undocumented Vessel Registration Agency to Represent the California Department of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2.
(A) These transactions shall include either or both: original vessel registration for new boats; or, vessel ownership transfer applications for used boats, registration renewals and applications for duplicate certificates and stickers.
(B) Agents shall register only those vessels they sell.
(4) Complete and provide a Quarterly Physical Inventory of Accountable Items, Form BOAT 124-1 (12/94) by the fifth day of January, April, July, and October. Another department-approved version ofthis form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section. (continued)