Subchapter B. TITLING OF BOATS

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Dealer—A person who engages in whole or in part in the business of buying, selling or exchanging new and unused boats, or used boats, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade and display of boats. The term includes a yacht broker.

   Manufacturer—A person engaged in the business of manufacturing or importing new and unused boats, or new and unused outboard motors, for the purpose of sale or trade.

   Reconstructed boat—One of the following:

     (i)   A boat for which a certificate of title (salvage/junk) has been issued, which is thereafter restored to operating condition and which is substantially in conformance with the specifications of the manufacturer.

     (ii)   A boat that has been materially altered by the removal, addition or substitution of essential parts derived from various other makes or models, or that the Commission has determined is readily recognizable as a boat of a generally recognized make or model.

   Specially constructed boat—One of the following:

     (i)   A boat not originally constructed by a generally recognized manufacturer of boats under a distinctive name and not materially altered from its original construction, but assembled from parts of various boats or kits, or both, and that would be commonly known as a ‘‘homemade’’ boat.

 (a)  Boat owners shall apply for a certificate of title on Form REV-336, provided by the Commission. The completed form shall be forwarded to the Commission at the address listed on the application.

 (b)  The applicant shall provide the following information on the application (REV-336) for a title:

   (1)  The name, mailing address, residence address, phone number and zip code of the owner. If there are co-owners, the applicants shall provide information relating to both owners and indicate whether the boat is owned as joint tenants with right of survivorship or as tenants in common.

   (2)  The date of birth of the primary purchaser.

   (3)  The name of the person from whom the boat was purchased.

   (4)  The State registration number, if any, currently assigned to the boat.

   (5)  The hull material, such as wood, steel, aluminum, plastic, fiberglass or other.

   (6)  The full Hull Identification Number (HIN).

   (7)  The make, model and year built, if known.

   (8)  The length of the boat in feet and inches.

   (9)  The type of propulsion, such as, outboard, inboard, sterndrive or unpowered.

   (10)  The type of fuel, such as, gas, diesel, electric or unpowered.

   (11)  Capacity plate information.

   (12)  The primary usage such as, pleasure, rental/livery, manufacturer/dealer/jobber, commercial passenger, and the like.

   (13)  For boats with outboard internal combustion motors, the serial number, the manufacturer’s name and the horsepower rating. If there are two motors, the applicant shall provide information for both motors.

   (14)  The names and addresses of each lienholder (in the order of priority).

   (15)  The date of lien encumbrance.

   (16)  The date applicant completed the form.

   (17)  The signature of the owner.

   (18)  Complete Sales and Use Tax information.

 (c)  An outboard motor is an integral part of a boat and is subject to title and lien requirements. If any information pertaining to the outboard motor changes from that which the applicant provided in the original application, the applicant shall apply for a new title.

 (d)  The Commission will not process incomplete applications.

 (e)  The Commission will not issue a certificate of title for a boat that is registered or titled, or both, in another state or that is documented by the United States Coast Guard unless the application for title is accompanied by the current certificates of registration or title, or both, for the boat or evidence that the marine document for the boat is no longer in effect.

   The provisions of this §  93.102 amended under the Fish and Boat Code, 30 Pa.C.S. §  5325.

 (a)  When the owner of a boat having a certificate of title from another state brings the boat into this Commonwealth as its state of principal use, the owner shall obtain a Pennsylvania certificate of title for the boat when the boat is registered in this Commonwealth or its ownership is transferred to another person, whichever occurs first.

 (a)  A dealer may not purchase or acquire a new boat without obtaining from the seller a manufacturer’s or importer’s certificate of origin when provided by the manufacturer or importer.

 (b)  When certificates of origin are provided by the manufacturer or importer, a manufacturer or dealer may not transfer ownership of a new boat without supplying the transferee with the certificate of origin signed by the manufacturer’s or importer’s authorized agent.

 (c)  A dealer transferring a boat requiring title under this subchapter shall assign ownership to the new owner, in the case of a previously titled boat, by completing the appropriate assignment portion of the certificate of title, or in the case of a new boat, by completing the assignment portion of the certificate of origin.

 (d)  A dealer shall forward all moneys and applications to the Commission within 10 days of transferring ownership.

 (e)  Except as otherwise provided in this subsection, a dealer buying or acquiring a used boat for resale need not obtain a certificate of title for the used boat if the dealer reports the acquisition to the Commission within 20 days. In lieu of submitting a report of acquisition, the dealer may apply for and obtain a certificate of title as provided in this subchapter. If a dealer buys or acquires a used unnumbered boat that is otherwise required to be titled, the dealer shall apply for a certificate of title in the dealer’s name within 20 days. If a dealer buys or acquires a new boat for resale, the dealer may, but is not required to, apply for a certificate of title for the boat in the dealer’s name.

 (f)  Every dealer shall maintain for 3 years a record of any boat the dealer’s bought, sold, brokered, exchanged or received for sale or exchange. This record shall be open to inspection by Commission representatives during reasonable business hours.

 (a)  A person transferring a boat requiring title under this subchapter shall assign ownership to the new owner, in the case of a previously titled boat, by completing the appropriate assignment portion of the certificate of title, or in the case of a new boat, by completing the assignment portion of the certificate of origin.

 (b)  Moneys and applications shall be forwarded to the Commission within 10 days of transferring ownership.

 (a)  The owner of a specially constructed or reconstructed boat shall apply for a certificate of title as required by this subchapter.

 (b)  The application for certificate of title shall be accompanied by one of the following:

   (1)  The outstanding certificates of title.

   (2)  The manufacturer’s certificates of origin or certificates of title (salvage/junk), issued for boats, the parts of which were used in construction of the boat, if the boats are no longer operable or able to be registered.

   (3)  The bills of sale for the major components of the boat for which no other proof of ownership is available.

   (4)  A photograph of the boat, upon the request of the Commission.

 (c)  The certificate of title issued for every specially constructed boat and reconstructed boat, as defined in this subchapter, shall clearly describe the boat by type as follows:

   (1)  The certificate of title for every specially constructed boat shall describe the make of boat as ‘‘specially constructed.’’

 (a)  If a title is lost, stolen, mutilated, destroyed or becomes illegible, the lienholder in possession of the title or, if there is none, the owner named on the title, as shown by the Commission’s records, may obtain a duplicate/replacement by applying to the Commission. The applicant shall furnish information concerning the original title and the circumstances of its loss, theft, mutilation or destruction. Applications for replacement titles shall be filed within 30 days of the loss, theft, mutilation or destruction. Mutilated or illegible titles shall be returned to the Commission with the application for a duplicate/replacement.

 (b)  The duplicate/replacement title shall be marked ‘‘duplicate’’ on its face and shall be mailed or delivered to the applicant.

 (a)  If ownership of a boat is transferred by operation of law, such as by inheritance, divorce, order in bankruptcy, insolvency, replevin or executive sale, the transferee, within 30 days after acquiring the right to possession of the boat by operation of law, shall mail or deliver to the Commission a court order or other document evidencing the transfer by operation of law, together with the application for a new title and the required fee.

 (b)  If a lienholder repossesses a boat by operation of law and holds it for resale, the lienholder shall secure a new title and shall pay the required fee.

 (a)  Reporting requirements. The destruction, loss, theft or abandonment of a boat titled under this subchapter shall be reported to the Commission within 5 days. The recovery of a boat that is lost, stolen or abandoned shall be reported to the Commission within 5 days of recovery.

 (b)  Acquiring title to boats abandoned on private property.

   (1)  Subject to the provisions of this subsection, a landowner, a lessee or an agent may acquire title to any boat abandoned on his land or waters immediately adjacent to it. This subsection applies only to boats that have been abandoned on the property of a person other than the owner of the boat for at least 3 months.

   (2)  A person desiring to obtain a certificate of title for an abandoned boat shall provide written notice to the Commission of intent to obtain title to the boat. The notice shall, at a minimum, set forth the date and place the boat was abandoned, a description of the boat, including the make, model and year, and, if known, the Hull Identification Number, registration number, temporary decal number and other identifying data.

   (3)  If a boat abandoned on a person’s lands or waters has a Hull Identification Number, registration number, temporary decal number or other identifying indicia, the Commission will notify the boat’s owner and lienholder, if any, that the boat has been abandoned and that the requester desires to acquire title to it.

   (4)  Upon receipt of the written request, the Commission will notify the owner and the lienholder by certified mail that someone desires to acquire title to the boat and if ownership is not claimed and the boat removed within 30 days, the Commission may, upon proper application and payment of fees, issue a certificate of title in the name of the person desiring to acquire title. If the owner does not respond, the Commission may notify the requester to proceed under paragraph (5). The Commission is not required to send a letter if it cannot identify a boat’s owner or lienholder or ascertain an address. If the abandoned boat has a registration number, temporary decal number or other identifying indicia, evidencing that the boat is registered in another state, the Commission will notify the other state and ask it to notify the boat’s owner and lienholder by certified mail that someone desires to acquire title to the boat. The other state’s notice shall provide that if ownership is not claimed and the boat removed within 30 days, the Commission may, upon proper application and payment of fees, issue a certificate of title in the name of the person desiring to acquire title. The other state is not required to send a letter if it cannot identify a boat’s owner or lienholder or ascertain an address. When the other state notifies the owner and lienholder, if known, as provided in this section and advises the Commission that the transfer of title to the requester is unobjectionable to the other state, the Commission may notify the requester to proceed under paragraph (5).

   (5)  Regardless of whether the abandoned boat has a Hull Identification Number, registration number, temporary decal number or other identifying indicia, the person desiring to acquire title shall place a notice in a newspaper of general circulation published in the county where the boat is located for 3 consecutive days, describing the boat, its location, the date it was abandoned and any identifying number. The person shall state in the notice that if the boat is not claimed and removed within 30 days after publication in the newspaper, he will apply for title to the boat in his name.

   (6)  After the notices described in paragraphs (4) and (5) have expired, but no earlier than 60 days after the person desiring to obtain title has first notified the Commission, the person may apply to the Commission for a certificate of title to the boat in his name as required by this subchapter and accompanied by the following affidavits:

     (i)   A statement made under penalty of law that the boat has been abandoned for at least 3 months.

     (ii)   Proof that the applicant provided notice as set forth in paragraphs (2)—(4).

     (iii)   Proof that a notice was published in a newspaper as required by paragraph (5).

   (7)  In cases involving boats registered in other states, the Commission may extend the 60-day period described in paragraph (6) to 180 days.

   (8)  Upon receipt of the material required by this subsection and the payment of any fees required by law, the Commission will issue a certificate of title to the boat to the applicant. Issuance of a certificate of title divests any other person of any interest in the boat.

 (c)  Acquiring title to boats abandoned on public property or waters.

   (1)  A person finding a boat abandoned on public property or waters—that is, property or waters under the ownership or control of the Commonwealth, its agencies or political subdivisions—shall notify the Commission of the description and location of the found boat as well as the date on which it was found.

   (2)  The Commission may take possession of a boat abandoned on public property or waters or may authorize a salvor to take possession if the salvor complies with this section, is a vehicle salvage dealer as defined in 75 Pa.C.S. §  1337 (relating to use of miscellaneous motor vehicle business registration plates) and holds a current, valid certificate of authorization issued by the Department of Transportation under 75 Pa.C.S. §  7302 (relating to certification of authorization).

   (3)  A salvor taking possession of a boat under this section shall notify the Commission in writing within 48 hours after taking possession.

   (4)  The Commission, after taking possession of an abandoned boat or after receiving notice that a salvor has taken possession of an abandoned boat, shall notify by certified mail, return receipt requested the last known registered owner of the boat and all lienholders of record. The notice shall:

     (i)   Describe the make, model, HIN number and registration number of the boat.

     (ii)   State the location where the boat is being held.

     (iii)   Inform the owner and any lienholders of their right to reclaim the boat within 30 days after the date of the notice upon payment of all towing and storage charges and all applicable title and registration fees.

     (iv)   State that failure of the owner or lienholder to reclaim the boat is deemed consent to the destruction, sale or other disposition of the abandoned boat with dissolution of all interests of the owner and lienholders.

   (5)  If the identity of the last registered owner and all lienholders cannot be determined, the contents of the notice described in paragraph (4) shall be published one time in a newspaper of general circulation in the area where the boat was found abandoned. If the boat is in possession of a salvor, publication of the notice shall be the responsibility of the salvor. If the boat is in possession of the Commission, publication of the notice is the responsibility of the Commission. Publication of the notice shall have the same effect as the notice sent by certified mail.

   (6)  The Commission, after 45 days of the date of notice sent by certified mail described in paragraph (4) or publication of the notice described in paragraph (5), may dispose of the boat if it is in its possession or may authorize the salvor to dispose of the boat in its possession as provided in paragraph (7) or (8).

   (7)  The Commission, if in possession of the unclaimed abandoned boat, or the salvor, if in possession of the unclaimed abandoned boat, may sell the boat at public auction if it has value. The purchaser may apply to the Commission for a title, which shall be free and clear from all previous liens and claims of ownership. From the proceeds of the sale of the abandoned boat, the Commission or the salvor, as applicable, shall be reimbursed for the cost of towing, storage, notice, publication, mailing and costs of the auction. The remainder of the proceeds of the sale shall be forwarded to the Commission, which shall hold them for 60 days from the date of sale for claim by the registered owner or lienholder. If the proceeds are not claimed, they shall be deposited in the Boat Fund for use of the Commonwealth.

   (8)  If an unclaimed abandoned boat is valueless except for salvage, the salvor in possession shall apply to the Commission for a salvor’s certificate of title, and, upon issuance of the same, the salvor may destroy, dismantle, salvage or recycle the boat and retain any proceeds realized therefrom to offset the costs of towing, storage, notice, publication and mailing. Issuance by the Commission of a salvor’s certificate of title shall divest all rights, title and interest in the boat of the registered owner and all lienholders.

   (9)  The Commonwealth, its agencies and political subdivisions may acquire title to any boat abandoned on areas under their ownership or control by proceeding in the manner set forth in subsection (b) or may follow the procedure set forth in this subsection. The Federal government may acquire title to any boat abandoned on areas under its ownership or control by proceeding in the manner set forth in subsection (b), may follow the procedure set forth in this subsection or may follow applicable Federal laws or regulations.

   The provisions of this §  93.110 amended under the Fish and Boat Code, 30 Pa.C.S. §  5325.

 (a)  An owner of a boat may voluntarily apply for a certificate of title by applying at any time and paying the fees required under section 5327 of the code (relating to fees). Once an owner voluntarily acquires a certificate of title, titling for the boat is thereafter mandatory.

 (a)  The Commission will initiate an action to suspend or revoke a certificate of title by filing an order to show cause under 1 Pa. Code §  35.14 (relating to orders to show cause), when authorized by statutory or other authority, or if the Commission determines that the certificate of title was fraudulently procured.

 (b)  The Commission has the authority to cancel a certificate of title when the Commission determines that one of the following applies:

   (1)  The certificate of title was erroneously issued.

   (2)  The boat was junked, destroyed, lost, stolen or abandoned.

 (c)  Suspension, revocation or cancellation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.

 (d)  When the Commission suspends, revokes or cancels a certificate of title, the owner or person in possession of the certificate shall, upon receiving notice of the suspension, revocation or cancellation, immediately mail or deliver the certificate of title to the Commission.

 (a)  When an owner creates a security interest in a boat:

   (1)  The owner shall, at the request of the secured party, immediately execute an application on a form prescribed by the Commission including the name and address of the secured party. The owner shall tender the existing certificate of title, if any, the application and the required fee to the Commission.

   (2)  The security interest is perfected at the time that the application, existing certificate of title and an amount equal to or greater than the required fee are received by the Commission.

   (3)  Upon receipt of the title, application and the required filing fee, the Commission will endorse on the existing title or on a new title that it then issues, the name and address of all secured parties, and mail or deliver the title to the first secured party named on the certificate of title.

 (b)  Except as provided in 13 Pa.C.S. § §  9311(d), 9315(c) and (d) and 9316(d) and (e) (relating to perfection of security interests in property subject to certain statutes, regulations and treaties; secured party’s rights on disposition of collateral and in proceeds; and continued perfection of security interest following change in governing law), a security interest in a boat is not valid against creditors of the owner or subsequent transferees or secured parties of the boat until perfected as provided by this subchapter.

   The provisions of this §  93.113 amended under the Fish and Boat Code, 30 Pa.C.S. §  5325.

 (a)  A secured party may assign, absolutely or otherwise, all or part of his security interest in the boat to a person other than the owner without affecting the interest of the owner or the validity of the security interest.

 (b)  An assignee who desires to become the secured party of record shall deliver to the Commission the title, if available, and an assignment by the secured party named in the title in the form the Commission may prescribe, accompanied by the filing fee required by law.

 (c)  The provisions of this section are subject to 13 Pa.C.S. §  9308(c) (relating to when security interest or agricultural lien is perfected; continuity of perfection).

   The provisions of this §  93.114 amended under the Fish and Boat Code, 30 Pa.C.S. §  5325.

 (a)  Unless otherwise agreed by the owner, within 20 days of the satisfaction of a security interest in a boat, the secured party shall mail or deliver the title with the release to the owner and notify the Commission of the release of security interest.

 (b)  Perfection of a security interest under this subchapter is effective for 10 years, dating from the time of perfection as provided in §  93.113 (relating to creation and perfection of security interests in boats) unless renewed as provided in subsection (c).

 (c)  The effectiveness of perfection lapses on the expiration of the period specified in subsection (b) unless a renewal form signed by the secured party of record is filed within the 6 months immediately preceding expiration. Upon the timely filing of the renewal form and the tender of the required fee, the effectiveness of perfection continues for 5 years from the date on which perfection would have become ineffective in the absence of renewal. Perfection may be successively renewed.

   The provisions of this §  93.115 amended under the Fish and Boat Code, 30 Pa.C.S. §  5325.

 The provisions of this subchapter relating to procedures for creating, perfecting, assigning and satisfying security interests do not apply to the following:

   (1)  A lien given by statute or rule of law to a supplier of services or materials for the boat.

   (2)  A lien given by statute to the United States, the Commonwealth or a political subdivision of this Commonwealth.

   (3)  A security interest in a boat held by a manufacturer or a dealer as described in 13 Pa.C.S. §  9311(d) (relating to perfection of security interests in property subject to certain statutes, regulations and treaties).

   (4)  A lien arising out of an attachment of a boat.

   (5)  A boat for which a title is not issued under this subchapter.

   The provisions of this §  93.116 amended under the Fish and Boat Code, 30 Pa.C.S. §  5325.

 (a)  The Commission will maintain a record of any title it issues.

 (b)  Upon written request specifically identifying a particular boat, the Commission will provide the following information about a boat having a certificate of title:

   (1)  The name of the owner.

   (2)  The name and address of a lienholder.

   (3)  The date the certificate of title was issued.

   (4)  The make, model and year of the boat.

 (c)  The Commission will not release the home address of a title holder, except with the consent of the title holder or upon court order or subpoena.

 (d)  The Commission will not release mailing lists or records of title holders, except to agencies of the Federal, State and local government for official purposes.

 (a)  A person may not sell, assign or transfer a boat titled by the Commonwealth without delivering to the purchaser or transferee a title with an assignment on it showing title in the purchaser or transferee.

 (b)  A person may not purchase or otherwise acquire a boat required to be titled by the Commonwealth without obtaining a title for it in his name.

 (a)  The Commission will provide suitable forms of applications, title, notice of security interests, and other notices and forms necessary to carry out this subchapter.

 (b)  Except as otherwise provided in this subchapter, all forms and notices required in this subchapter shall be forwarded to the Fish and Boat Commission, Licensing and Registration Section, Post Office 68900, Harrisburg, Pennsylvania17106-8900.