Chapter 1General Provisions and Definitions

Section § 9840

Explanation

This legal section defines several terms related to watercraft in California. It specifies that a "vessel" is any watercraft used or capable of being used for transportation on water, with some exceptions like seaplanes on water and certain stationary floating structures. An "owner" is someone who has all ownership rights to a vessel, including those under a conditional sale contract. However, it doesn't include those with merely legal title or renters and lessors to government entities for long-term leases. A "legal owner" holds legal title, while a "registered owner" is the owner registered with the state. "Waters of this state" are the waters within California, and "state of principal use" is where a vessel is mainly used within a year. An "undocumented vessel" lacks required federal marine documentation, and "use" means to operate or navigate the vessel.

As used in this division, unless the context clearly requires a different meaning:
(a)CA Vehicle Code § 9840(a) “Vessel” includes every description of watercraft used or capable of being used as a means of transportation on water, except the following:
(1)CA Vehicle Code § 9840(a)(1) A seaplane on the water.
(2)CA Vehicle Code § 9840(a)(2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled, or by means of a mechanical device attached to the watercraft itself.
(3)CA Vehicle Code § 9840(a)(3) A floating structure which is designed and built to be used as a stationary waterborne residential dwelling, which (A) does not have and is not designed to have a mode of power of its own, (B) is dependent for utilities upon a continuous utility linkage to a source originating on shore, and (C) has a permanent, continuous hookup to a shoreside sewage system.
(b)CA Vehicle Code § 9840(b) “Owner” is a person having all the incidents of ownership, including the legal title, of a vessel whether or not such person lends, rents, or pledges such vessel; the person entitled to the possession of a vessel as the purchaser under a conditional sale contract; or the mortgagor of a vessel. “Owner” does not include a person holding legal title to a vessel under a conditional sales contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state or to any county, city, district, or political subdivision of the state under a lease, lease-sale, or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
(c)CA Vehicle Code § 9840(c) “Legal owner” is a person holding the legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state, or to any county, city, district or political subdivision of the state, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
(d)CA Vehicle Code § 9840(d) “Registered owner” is the person registered by the department as the owner of the vessel.
(e)CA Vehicle Code § 9840(e) “Waters of this state” means any waters within the territorial limits of this state.
(f)CA Vehicle Code § 9840(f) “State of principal use” means the state on which waters a vessel is used or intended to be used most during a calendar year.
(g)CA Vehicle Code § 9840(g) “Undocumented vessel” means any vessel which is not required to have and does not have a valid marine document issued by the Bureau of Customs of the United States or any federal agency successor thereto.
(h)CA Vehicle Code § 9840(h) “Use” means operate, navigate, or employ.
vessel definition watercraft exceptions floating structure seaplane exclusion waterborne dwelling ownership rights vessel legal owner conditional sale contract California waters state of principal use undocumented vessel marine document navigating watercraft renter or lessor government lease agreements
(Amended by Stats. 1984, Ch. 411, Sec. 1.)

Section § 9845

Explanation

This law allows certain officials, including department investigators and peace officers, to check the identification and ownership documents of boats for various purposes. They can do this when the boat is on a highway or at places like marinas and repair shops. The aim is to investigate ownership, registration, find stolen boats, or check wrecked or abandoned ones. However, they cannot inspect any living areas inside the boat.

The director, deputy director, registrar, deputy registrar, investigators of the department, and peace officers, as defined in Chapter 4.5 (commencing with Section 830) of the Penal Code, may inspect the hull identification number, certificate of number, and certificate of ownership of any vessel, as defined in Section 9840, when transported on a highway, or in any public garage, repair shop, public or private marina, dry storage facility, new or used vessel sales lot or boat yard, or other similar establishment for the purpose of investigating the ownership and registration of vessels, locating stolen vessels, and for inspection of wrecked, dismantled, or abandoned vessels. The authority to inspect pursuant to this section does not extend to any enclosed living area aboard a vessel.
hull identification number certificate of number certificate of ownership vessel investigation stolen vessels vessel registration public marina private marina dry storage facility new vessel sales lot used vessel sales lot boat yard wrecked vessels dismantled vessels abandoned vessels
(Added by Stats. 1987, Ch. 298, Sec. 1.)