Registration and Transfer of VesselsRegistration
Section § 9850
If you're using an undocumented boat on California waters, it must have a current number. You can't operate or allow operation of such a boat unless it's numbered according to state or federal law. The certificate for this number must be valid, and the boat's number has to be shown on both sides of the front of the boat.
Section § 9851
This law allows California's Department of Motor Vehicles to set rules for registering state, local, or federal government boats without charging the usual fees, except for costs associated with duplicate titles, boat numbers, or replacement registration stickers. The Department of Boating and Waterways' boats don't have to pay any registration fees at all.
Section § 9852
This law explains that the department will set up rules for proving ownership when someone applies for the first time for a vessel's registration and ownership certificates. It also states that getting these certificates does not mean the department is guaranteeing that the vessel's title is legitimate.
Section § 9852.5
This law explains how ownership of a boat that is not officially documented can be shared by multiple people. If the boat's title uses 'or' between names, it's like a joint account where any owner can sell or transfer their share. If one owner dies, the others automatically inherit their part, unless a different plan was specified at registration.
If the title states the boat is community property with 'or,' each person can sell their share while they're alive. When 'and' is used between names, all owners must agree to sell the boat.
The department can use abbreviations on titles to show how the boat's ownership is structured, as decided when the co-owners registered.
Section § 9852.7
This law allows the ownership of an undocumented boat that needs to be registered to be set up so it passes directly to a designated person when the owner dies, as long as there's only one owner and one beneficiary. The boat's title will state 'transfer on death' or 'TOD' followed by the beneficiary's name. During the owner's life, the beneficiary doesn't need to approve any boat-related transactions. It costs $10 to register a boat this way.
Section § 9852.9
Starting July 1, 2008, when applying for a vessel number in California, the application form must include two new requirements for certain boat engines. First, sellers must certify that any sterndrive or inboard boats with spark-ignition engines meet specific California emissions standards if they were manufactured on or after the specified dates in 2008 and 2009. In other words, sellers must prove these engines have labels showing they comply with the environmental regulations. Second, the application needs to include an accompanying hang tag that corresponds to the engine's compliance with these standards.
The term 'spark-ignition marine engine' refers to a type of boat engine defined elsewhere in the legal code.
Section § 9853
If you own a boat in California that needs a number, you must apply with an approved form, containing your details and the boat's hull ID, and pay a $9 fee plus additional fees based on the timing of your application: $10 in even-numbered years and $20 in odd-numbered years.
You also have to pay a separate fee for preventing invasive mussel infestations, which gives you a special sticker. Missing the mussel fee doesn't stop your registration, but you could get a ticket if your boat doesn't have the sticker when used in non-ocean waters unless your vessel is exempt.
Section § 9853.1
When someone applies to register a vessel and the application is approved, the department will provide a certificate of ownership to the legal owner. It will also provide a certificate of number to the owner. If there's no legal owner, both documents will be given to the owner, and they will include the vessel's number and the owner's name and address.
Section § 9853.2
If you own a vessel, you must display an identification number on both sides of the front half of the boat, as outlined by specific department rules. This number has to be easily visible and in good condition. You also need to keep a certificate of number handy on the vessel whenever you're using it, unless your vessel falls under another specific exception.
Section § 9853.3
If you own a boat that's less than 26 feet long and you rent or lease it out for noncommercial purposes for less than 24 hours, you don't have to keep its registration on board. Instead, you can keep it on land at the place the boat is rented from. However, a signed copy of the rental or lease agreement must always be on the boat while it's in use.
Section § 9853.4
This law allows the relevant department to issue stickers, tabs, or other items to show that boats are registered. The department decides the design, size, and placement of these items on boats, consulting with the Department of Boating and Waterways to ensure they fulfill their roles effectively. These registration identifiers should only be displayed on the specific boat they were meant for.
Section § 9853.5
If you own a wooden, motorized pleasure boat built before December 31, 1942, you can ask the department for a special plaque that marks it as historically significant. This applies whether or not the boat is officially registered. The department will decide the plaque's details and where to place it on the boat after consulting the Department of Boating and Waterways. The plaque will be durable, at least six by six inches, and there's a fee to cover the program's administration costs. Once issued, the plaque is valid for the vessel's lifetime.
Section § 9853.7
This law is about ensuring that retail sellers of certain types of boats (undocumented sterndrive or inboard vessels) with spark-ignition marine engines follow emissions regulations. If you buy such a boat, the seller must help with getting the boat numbered by certifying that the engine meets California's 2008 emissions standards and provide a specific label and hang tag with engine details. If the seller doesn't file the initial application, the buyer has to provide the hang tag when applying for the number. If you bought the boat in another state and then moved to California, this requirement doesn't apply. Boats won't be numbered unless these conditions are met. It clarifies what is meant by "spark-ignition marine engine" using another regulation's definition.
Section § 9853.8
This law applies to certain boats, specifically those with a spark-ignition marine engine made after specific dates in 2008 or 2009, depending on the engine's power. It states that it is illegal to operate an undocumented boat in California that isn't numbered by the state and doesn't meet specific emissions standards. If caught, you could face a $250 fine. The term 'spark-ignition marine engine' is defined as in another section of the law.
Section § 9854
If you own a boat that already has a valid registration number from federal law or another state’s approved system, you need to apply for a California registration within 30 days after a 60-day grace period. The application you submit should follow the same process as outlined in the relevant section for getting a new registration number.
Section § 9855
Section § 9856
If a boat dealer gets an undocumented vessel only to resell it, they don't need to apply for new ownership papers or pay certain fees, as long as the boat is just held for resale and the dealer has a sales permit. The original ownership documents must stay with the dealer and be available for inspection. When the dealer sells the boat, they'll endorse the ownership certificate to the buyer, following the usual transfer rules.
Section § 9857
This law states that if the United States government has an official system for assigning identification numbers to undocumented boats, California's system for numbering these boats must match the federal system.
Section § 9858
This law allows the department to issue certificates of ownership and number for vessels, either directly or through an authorized agent. If an agent is authorized, they are given a set of numbers to issue, which are just as valid as those issued by the department. Registration of vessels can be done by the department or through a department-authorized agent.
Section § 9858.1
This law states that an agent authorized by the department can only charge up to $20 for preparing documents.
Section § 9858.5
If you're a yacht and ship broker with a license, you can handle the use tax for boat sales. This means you can collect the tax during the sale and send both the tax and application to the department. Alternatively, you can just send the application and any fees, and let the department collect the tax later.
Section § 9859
When an agent sells certificates of number or temporary certificates, along with collecting use tax, they must keep that money separate from their other funds because it belongs to the state.
If the agent faces bankruptcy or financial trouble, the state gets first priority to claim the money owed from these sales and taxes, even if the funds are mixed in with other money.
Section § 9860
To use a vessel legally in California, you must renew its certificate of number before it expires, which costs $20 every two years. You can renew it by showing either the last issued certificate or a registration card. If you don't have these documents, you don't need to pay an extra fee.
Additionally, there's an extra fee aimed at preventing invasive mussel infestations, but not paying this won't stop you from renewing your registration. However, you could be fined if you operate your vessel without the required sticker in certain waters, unless your vessel is exempt. The Department of Boating and Waterways sets this fee and gets reports on the costs from the Department of Motor Vehicles.
Section § 9861
Every certificate of number for vessels or boats in California expires on December 31 of each odd-numbered year. This means you'll need to renew these certifications biennially, or every two years, to keep them valid.
Section § 9862
This section outlines penalties associated with boating registration and ownership transfers. If you don't submit your initial application for a vessel number or renew your certificate by the department's deadline, you'll owe a penalty that equals half the registration fee. Similarly, if you buy a boat and don't pay the transfer fee within 30 days, you'll be charged a penalty of half the transfer fee.
Section § 9862.5
When calculating any penalty in this law, ignore amounts that are less than fifty cents. If the amount is fifty cents or more, round it up to the nearest dollar.
Section § 9863
This law explains how funds collected from boat registration and fees are distributed in California. Normally, these fees go to the Harbors and Watercraft Revolving Fund and are used to manage the administration of boating-related activities. If there is excess money, the Department of Boating and Waterways can use it for certain programs. For funds from biennial registration fees, half goes to the Revolving Fund and the other half to the Department of Boating and Waterways for specific programs. Fees collected for preventing invasive mussels are allocated according to other regulations in the Harbors and Navigation Code.
Section § 9864
If you own a boat that doesn't have official documentation and you wreck it, dismantle it, destroy it, or abandon it, you must tell the relevant department within 15 days. Doing any of these things cancels the boat's ownership and identification documents, which you should give back to the department if you have them.
If the department finds out that a boat is abandoned and no one claims ownership, they can decide to destroy it after 30 days. However, if someone claims interest in the boat within the specified time and informs the department, their rights are protected by law.
Section § 9865
If you have a certificate for a boat number and your address changes, you need to inform the department within 15 days and provide your new address. You might have to give back the old certificate to get a new one with the updated address, or the department might just update the current certificate with the new address.
Section § 9866
This law states that only the official number given to an undocumented boat, or one recognized through an agreement with another jurisdiction, can be shown on either side of the front (bow) of the boat. No other numbers are allowed to be displayed there.
Section § 9867
If you need a duplicate of a certificate of number, certificate of ownership, or current year registration stickers, it will cost you $15.
Section § 9867.5
If you apply to transfer your vehicle registration, you'll need to pay an extra fee on top of the regular one. This extra fee is specified in a different section of the law.
Section § 9868
This law explains that any fees collected for permits, services, or similar items that either cannot be legally provided or were overpaid can be refunded to the payer. It ensures that people are reimbursed if they've paid more than necessary or if they paid for something that cannot be delivered.
Section § 9869
This law requires that when someone applies to register, transfer, or renew a boat, the California Department of Motor Vehicles (DMV) must share the application details with the property tax assessors in the relevant counties. This means both the county where the boat owner lives and where the boat is mainly kept must get the information. If the owner moves or the boat's main location changes, the DMV must update the previous county's assessor. Additionally, if a boat is destroyed or abandoned, as confirmed by the DMV, they must inform the county assessors about it.
Section § 9870
This law states that nonprofit organizations focused on helping children learn skills like scoutcraft and camping, as well as teaching values such as patriotism and self-reliance, do not have to pay certain fees. These fees are typically required under other sections related to vehicle operation and registration.
Section § 9871
If you're registering an undocumented boat in California and it doesn't have a hull ID number, or the existing number is damaged or missing, the authorities can give it a new ID number. This new number needs to be permanently marked on a part of the boat's hull where it can be easily inspected.
Section § 9871.5
This law requires anyone renewing the registration of a boat without proper documentation to provide its hull identification number if it's not already listed in the department's records. If the boat doesn't have a hull number, the department will assign one.
Section § 9872
This law states that no one is allowed to change, damage, or remove the hull identification number on a boat that needs to be registered, unless they have written permission from the responsible department. It also stops people from putting any other numbers on the vessel that could make it hard to identify the original hull number. However, if you're the owner and you have permission, you can fix the original number, and manufacturers can put numbers on new boats or parts as part of their regular business.
Section § 9872.1
This law makes it illegal to buy, sell, or possess a boat or any part of it if its hull identification number has been messed with, unless a new number from the department is attached. If a boat with tampered identification comes into a police officer's hands without this new number, it can be taken and possibly sold or destroyed unless used as evidence in a criminal case.
After such a seizure, people involved must be told about a court hearing within a few days. They get a notice as a receipt explaining the seizure and what’s next. The notice also tells where they can prove ownership. A court hearing to sort out the ownership must happen within 60 days.
If ownership is proven or the number hasn’t been tampered with, the boat is returned. Otherwise, it can be destroyed, sold, or dealt with as the court decides. The police must prove the number was tampered with and that the owner hasn’t shown satisfactory ownership. Boats can be returned to owners if they can prove ownership and get a new number if needed.
Section § 9872.5
This law states that if an amphibious vehicle, which can travel on both water and land, is eligible for a certificate of ownership under another part of the code, it cannot get a certificate of ownership under the chapter this section belongs to.
Section § 9873
This law explains when certain boats, called 'undocumented vessels', don't need to have a California registration number. These exceptions include boats already registered elsewhere, foreign boats temporarily in California, government-owned ships, lifeboats, and certain classes of boats exempted by the state because numbering them isn't helpful. Also, boats powered only by oars, paddles, or small sails are exempt if they're small enough.
Section § 9874
This law allows the department to suspend, cancel, or revoke the registration, certificates, or stickers of a vessel. They can do this if they find out that these were obtained fraudulently or issued by mistake. Additionally, if the required fees haven't been paid after giving notice, they can take the same actions.
Section § 9875
If someone breaks any rules in this chapter, they're committing a minor offense called an 'infraction' and will be punished according to Section 42001. However, there might be an exception mentioned under Section 40000.8.
Section § 9880
This law says that if you owe taxes on a boat, the Department of Motor Vehicles (DMV) in California won’t renew your boat registration or let you transfer ownership until those taxes are paid. They keep track of unpaid taxes and won’t issue any new registration or ownership papers until they get a clearance notice from the county tax collector. If the taxes are settled, then the DMV can renew registration or allow ownership changes. There's a fee charged to the county to cover the DMV's costs related to managing these tax notices. Also, if a boat is transferred or not renewed for over 26 months, the DMV will inform the county tax collector about it.