Department
of Safety
Revision Note:
Document
#10787, effective 2-20-15, adopted Saf-C 2300 which
had expired 1-21-15. Rulemaking had
begun with an initial proposal filed by the Department of Safety pursuant to
RSA 541-A on 4-28-14, which had proposed to readopt
the existing Saf-C 2300 with amendments. Although Saf-C 2300
had last been filed under Document #8617, effective 4-28-06, these rules did
not expire on 4-28-14 since they were extended pursuant to RSA 541-A:14-a, I. Pursuant to
RSA 541-A:14-a, II and RSA 541-A:16, IV, the existing Saf-C
2300 eventually expired 30 days after the deadline had passed for the
Department to adopt the proposed rules under RSA 541-A:14, I.
Document
#10787 replaces all prior filings for rules in the former Saf-C
2300.
PART Saf-C 2301 DEFINITIONS
Saf-C 2301.01 "Antique
vessel" means a vessel that is at least 50 years old.
Source. #5283, eff 11-22-91; ss by #5477, eff
9-23-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by
#8617, eff 4-28-06, EXPIRED: 1-21-15 (See Revision Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.02 "Backing
plate" means a flat surface on which vessel numbers are attached and is
removable from a vessel.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff
2-20-15
Saf-C 2301.03 "Boat"
means "boat" as defined in RSA 270-D:1, I.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.04 "Classic
vessel" means a vessel that is at least 25 years old.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.05 "Commercial
vessel" means "commercial vessel" as defined in RSA 270-E:2, II.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C
2301.06 "Commissioner" means “commissioner” as defined in RSA 270-E:2, III.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.07 "Decal"
means a 3 inch square sticker placed on a vessel which indicates that the
vessel has been registered.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.08 "Department"
means “department” as defined in RSA 270-E:2, V.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C
2301.09 “Director” means “director” as defined in RSA 270-D:1,
IV.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.10 "Fixture"
means an item, such as a sink, shower or toilet, that, once attached to or
installed in a vessel, becomes a physical part of the vessel.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff
2-20-15
Saf-C 2301.11 "General
distinguishing number" means a vessel number issued by the department to a
manufacturer, dealer or repair person.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff
2-20-15
Saf-C 2301.12 “Legal
address" means specification of the location where a manufacturer, dealer,
repair person or applicant is physically located. The term does not include
addresses consisting solely of a post office box number.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision Note
at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.13 "Mailing
address" means specification of the location where a manufacturer, dealer
or applicant receives properly addressed mail via the
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.14 "Manufacturer
or dealer" means "manufacturer or dealer" as defined in RSA
270-E:2,VII.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.15 "Owner"
means a person who claims lawful possession of a vessel through an equitable
interest which entitles him/her to have possession.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.16 "Private
vessel" means "private vessel" as defined in RSA 270-E:2, X.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.17 "Repair
person" means a person who engages in the business of maintaining or
repairing vessels.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C
2301.18 "Substation" means a
satellite facility operated by the department for the purpose of registering
motor vehicles and boats.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision Note
at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.19 "Vessel"
means "vessel" as defined in RSA 270-E:2, XII.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C
2301.20 "Vessel agent" means a
person acting as an agent of the department for the purpose of processing
registration applications pursuant to RSA 270-E:3, VIII.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.21 “Vessel
number” means a distinguishing number assigned by the department to a vessel as
part of the registration process. The term includes “bow number”.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2301.22 “Vessel
registration certificate” means, for purposes of this chapter, a certificate of
number pursuant to RSA 270-E:12, III.
Source. #8617, eff 4-28-06, EXPIRED: 1-21-15 (See
Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
PART
Saf-C 2302 VESSEL REGISTRATION APPLICATIONS
Saf-C 2302.01 Registration,
When Required. Unless exempt
pursuant to RSA 270-E:4, all vessels shall be
registered in order to operate on any waters of the state.
Source.
#5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New.
#8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06; ss by
#8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.02 Application
Form, Where Available.
(a) The department shall furnish application
forms for vessel registrations at the following locations:
(1) The Division of Motor Vehicles,
Drive,
(2) The Division of State Police, Bureau of
Marine Patrol,
(3) Any substation; and
(4) Any vessel agent’s place of business.
Source.
#5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New.
#8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06; ss by
#8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.03 Application,
Data Required.
(a) Each applicant for a private or commercial
vessel registration shall furnish the following on form RDMV 612:
(1) Existing
bow number, if any;
(2) Vessel’s year of manufacture;
(3) Vessel’s make;
(4) Vessel’s color;
(5) Length of vessel from the bow to the stern,
in feet and inches;
(6) Principal state in which the vessel is used;
(7) Principal material from which the hull is
constructed, such as fiberglass, wood or aluminum;
(8) Type of propulsion, such as outboard, inboard,
electric or sail;
(9) Type of fuel used for propulsion, such as
gasoline, diesel or electric;
(10) Manufacturer's hull identification number;
(11) Whether the vessel has single or twin
engines;
(12) Whether the vessel is used on inland waters
or tidal waters;
(13) Maximum person capacity, as recommended by
the manufacturer;
(14) Form RDMV 633 “Affidavit” (rev. 10/14), which
must be completed by the vessel owner, stating that the vessel is used
exclusively for commercial fishing, if applicable;
(15) Whether the vessel has toilet, sink or shower
facilities;
(16) Total available horsepower;
(17) Owner’s name, address and date of birth;
(18) Vessel’s primary use;
(19)
Statement that all information provided
is under penalty of unsworn falsification; and
(20) Signature of owner, or if a company,
signature and title of authorized agent.
(b) Each private vessel registration application
form shall be submitted, in person, to one of the locations set forth in Saf-C 2302.02(a), or by mail, to the division of motor
vehicles, as set forth in Saf-C 2302.02(a)(1).
(c) Each commercial vessel registration
application form shall be submitted, in person or by mail, to the division of
motor vehicles, as set forth in Saf-C 2302.02(a)(1).
(d)
Each applicant for registration of a
vessel shall provide proof of ownership of the vessel to the department. For an
initial registration of a vessel, proof of ownership shall include
documentation containing both the authorized signature of the applicant and of
the person or entity that sold the vessel to the applicant.
(e) For the purposes of (a)(4)
above, a multicolored vessel shall list the predominant color first on the
application and lesser colors next.
(f) For the purposes of (a)(10)
above, in the event the vessel does not have a 12-digit hull identification
number, the owner shall submit Form RDMV 690 “Verification of Vessel
Identification” (rev. 04/14), which shall be completed by a new hampshire law
enforcement officer, to the division of motor vehicles or Marine Patrol Bureau,
as set forth in Saf-C 2302, to have a number
assigned.
(g) In addition to the information required in
(a) above, the back of form RDMV 612 shall state that the boat described, if
equipped with temporary or permanent sleeping facilities and if moored in this
state, must be equipped so as to preclude the discharge of sewage or wastewater
to the waters of the state, in compliance with RSA 485-A:13
and RSA 487:2.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.04 Fees.
(a) Pursuant to RSA 270-E:5, each applicant shall
pay the appropriate registration fees along with the registration application
set forth in Saf-C 2302.03.
(b) Pursuant to RSA 72-A:3
and RSA 72-A:4, each applicant shall pay the appropriate boat fee either prior
to or at the time of registration.
(c) Pursuant to RSA
270-E:6, vessels which are exempt from fees shall be registered in accordance
with the provisions of Saf-C 2302.03.
(d) Pursuant to 270-E:3,
IV, each application for registration of a vessel subject to a boat fee,
pursuant to RSA 72-A:2, shall be accompanied by the fee required by RSA 72-A:2,
or a receipt indicating payment of the fee.
(e) All fees, except those pertaining to a
commercial vessel registration, shall be paid at one of the locations set forth
in Saf-C 2302.02(a).
(f) All fees pertaining to a commercial vessel
registration shall be paid at the division of motor vehicles, as set forth in Saf-C 2302.02(a)(1).
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.05 Issuance
of Vessel Registration Certificate.
Upon completion of the procedures set forth in Saf-C
2302.03 and Saf-C 2302.04, the department shall
assign the owner a vessel registration certificate on which the vessel number
is printed, along with a decal.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C 2302.06), EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.06 Non-Issuance
of Vessel Registration Certificate.
(a) A vessel registration certificate shall not
be issued if:
(1) The vessel registration application pursuant
to Saf-C 2302.03 contains a false or fraudulent
statement;
(2) Any fees pursuant to Saf-C
2302.04 are not paid;
(3) The owner involuntarily loses interest in the
vessel as a result of legal process; or
(4) The registration has expired pursuant to RSA
270-E:3.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.07 Examination
of Vessel Registration Certificate.
(a) The vessel registration certificate shall be
kept on the vessel at all times that it is operated.
(b) A person who operates a vessel shall allow
the vessel registration certificate to be examined by any person authorized
pursuant to RSA 270-E:3, II.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.08 Renewal
of Vessel Registration Certificate.
(a) All vessel registration certificates shall
expire annually on December 31st.
(b) In order to renew a vessel registration
certificate, each owner shall obtain form RDMV 612 pursuant to Saf-C 2302.02, and complete and submit it to the
department, pursuant to Saf-C 2302.03.
(c) In lieu of a completed RDMV 612 form, an
applicant may present any of the following documents in order to renew a vessel
registration, as long as the document displays the applicant’s current name,
address and date of birth:
(1) The current registration for the vessel;
(2) The most recent
expired registration for the vessel, if there is no current registration;
(3) The most recent
renewal notice issued by the department for the vessel; or
(4) A valid, current driver’s license or
passport, if that enables the department to access the electronic system of
record and to verify the information for the current or previous registration
period for the vessel.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2302.09 Duplicate
Vessel Registration Certificate.
(a) In the event a vessel registration
certificate is lost, stolen or damaged, the owner shall complete Form RDMV 110
“Application for Copy of Registration” (rev. 08/11) and submit it to the
department.
(b) Upon receipt of a completed form RDMV 110 and
payment of the required fee of $15.00, the department shall issue a duplicate
vessel registration certificate.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2303.01 Vessel
Numbers; When Required. Pursuant to
RSA 270-E:8, all vessels shall display a vessel
number, unless the vessel is exempt pursuant to RSA 270-E:9.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2303.02 Display
of Vessel Number.
(a) Each vessel number issued by the department
shall:
(1) Be displayed pursuant to RSA 270-E:8, II;
(2) Have spaces or hyphens that are equal to the
width of a letter other than “l” or a number other than “1” between the letter
and number groupings;
(3) Be painted on or attached to removable plates
that are temporarily yet firmly attached to each side of the forward half of
the vessel and clearly visible at all times when the vessel is being used by a
manufacturer or dealer for purposes of testing or demonstrating; or
(4) Be painted on or attached to a backing plate
that is permanently attached to the forward half of the vessel so that the
number is clearly visible from each side of the vessel on antique vessels,
classic vessels or vessels in which the numbers would not be clearly visible on
the hull or superstructure.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
PART
Saf-C 2304 DECALS
Saf-C 2304.01 Decals;
When Required.
(a) Pursuant to Saf-C
2302.01, all registered vessels shall display a decal.
(b) Pursuant to RSA
270-E:6, vessels which are exempt from registration fees shall display a decal.
(c) Pursuant to RSA
270-E:9, II, vessels which are exempt from displaying a vessel number, but
which are otherwise required to be registered pursuant to RSA 270-E:3, shall
display a decal.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2304.02 Display
of Decal.
(a) Each decal issued by the department shall:
(1) Be displayed within 6 inches to the right of
the vessel number;
(2) Be clearly visible on each side of the vessel
and within 2 feet of the stem, if the vessel is exempt from displaying a vessel
number pursuant to RSA 270-E:9, II;
(3) Be displayed within 6 inches to the right of
the vessel number or clearly visible on the port and starboard facing portion
of the windshield, if an antique or classic vessel.
(b) The decal shall be displayed only on the
vessel to which it was issued.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2304.03 Defective
Decal. In the event an owner is
issued a defective decal by the department or its agent, the owner shall return
it to the department and shall be issued a replacement decal without charge.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2304.04 Replacement
Decal.
(a) In the event an original decal is lost,
stolen or damaged, the owner shall complete Form RDMV 415 “Application for Replacement
Boat Decals” (rev. 08/11) and submit it to the department.
(b) Upon receipt of a completed form RDMV 415 and
valid vessel registration certificate, and payment of the required fee of
$3.00, the department shall issue a replacement decal.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
PART
Saf-C 2305 TRANSFER OF OWNERSHIP, DESTRUCTION OR
ABANDONMENT
Saf-C 2305.01 Notification.
(a) Pursuant to RSA 270-E:10,
the owner of a vessel shall notify the department, in writing, within 15 days
of the following:
(1) The transfer of all or any part of his/her
interest in a vessel registered pursuant to this chapter;
(2) The destruction or abandonment of a vessel;
(3) The theft or recovery of a vessel;
(4) The loss or destruction of a vessel number;
and
(5) Any change of address.
(b) An owner shall not be required to notify the
department of the creation of a security interest in a vessel.
(c) Pursuant to RSA
270-E:10, the destruction or abandonment of a vessel shall terminate the vessel
registration certificate.
(d) Pursuant to RSA 270-E:10, the transfer of an
owner’s part interest in a vessel shall not terminate the vessel registration
certificate, as long as it does not affect the owner’s right to operate the
vessel.
(e) Pursuant to RSA
270-E:10, an owner who transfers full ownership of a vessel may, upon
completion of a new application, register another vessel for the remainder of
the registration period for a fee of $5.
(f) In addition to (e) above, upon transfer of
full ownership of a vessel for another vessel, if the registration fee of the
vessel is the same or less than that of the first vessel registered, the owner
shall pay no additional fee, but if the fee is greater, he/she shall pay the
difference.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06,
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
PART
Saf-C 2306 VESSEL MANUFACTURERS AND DEALERS
Saf-C 2306.01 Vessel
Manufacturer or Dealer Registration Applications.
(a) Pursuant to RSA 270-E:13,
a vessel manufacturer or dealer may apply for a general distinguishing number
for his/her vessels.
(b) In order to apply for a general
distinguishing number, a manufacturer or dealer shall furnish the following to
the department:
(1) Corporate name and federal identification
number of the manufacturer's or dealer's business;
(2) Trade name and federal identification number,
if applicable;
(3) Whether the application is an original or
renewal;
(4) Legal address;
(5) Mailing address;
(6) Telephone number;
(7) Business hours;
(8) Name, address and date of birth of at least
one owner, partner or officer, and title;
(9) Whether the manufacturer or dealer:
a. Holds
a franchise, and if so, the name of the franchise;
b. Furnishes
repair service;
c. Has
complied with all local zoning and regulatory requirements;
d. Agrees
to notify the department of any change of address or corporate/trade name; and
e. Is
principally engaged in buying, selling, or manufacturing new and/or used
vessels;
(10) If a renewal:
a. A
list of all vessel numbers issued to the manufacturer or dealer by the
department; and
b. Whether
a change in ownership or location has occurred ; and
(11) Signature of the person listed in (8) above
and date signed.
(c) A general distinguishing number shall be used
by a manufacturer or dealer pursuant to RSA 270-E:13,
II.
(d) For the purposes of (b)(10)a.
above, the list shall be provided in numerical and alphabetical sequence.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2303.01)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2306.02 Fee. Pursuant to RSA 270-E:5, III, each applicant
shall pay the vessel manufacturer or dealer registration fee along with the
application set forth in Saf-C 2306.01.
Source. #5283, eff 11-22-91; amd by #5477, eff
9-23-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2303.02)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2306.03 Issuance
of Registration. Upon completion of
the procedures set forth in Saf-C 2306.01 and Saf-C 2306.02, the department shall assign a general
distinguishing number and issue a vessel manufacturer or dealer registration
certificate.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2303.03)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2306.04 Renewal
of Vessel Manufacturer or Dealer Registration. In order to renew a manufacturer or dealer
registration, each manufacturer or dealer shall complete the application pursuant
to Saf-C 2306.01, upon expiration of the previous
registration.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C 2303.04), EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
PART
Saf-C 2307 REPAIR PERSONS
Saf-C 2307.01 Repair
Person Registration Applications.
(a) Pursuant to RSA 270-E:16, any person who
maintains or repairs vessels may apply for a general distinguishing number for
the vessels he/she is maintaining or repairing.
(b) In order to apply for a general
distinguishing number, a repair person shall furnish the following to the
department:
(1) Corporate name and federal identification
number of the repair person's business;
(2) Trade name and federal identification number,
if applicable;
(3) Whether the application is an original or
renewal;
(4) Legal address;
(5) Mailing address;
(6) Telephone number;
(7) Business hours;
(8) Name, address and date of birth of at least
one owner, partner or officer, and title;
(9) Whether the repair person:
a. Is
principally engaged in maintaining and repairing vessels;
b. Has
complied with all local zoning and regulatory requirements; and
c. Agrees
to notify the department of any change of address or corporate/trade name;
(10) If a renewal:
a. A
list of all vessel numbers issued to the repair person by the department; and
b. Whether
a change in ownership or location has occurred; and
(11) Signature of the person listed in (8) above
and date signed.
(c) A general distinguishing number shall be used
by a repair person pursuant to RSA 270-E:16, III.
(d) For the purposes of (b)(10)a.
above, the list shall be provided in numerical and alphabetical sequence.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2304.01) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2307.02 Fee. Pursuant to RSA 270-E:5,
III, each applicant shall pay the repair person registration fee along with the
application set forth in Saf-C 2307.01.
Source. #8617, eff 4-28-06, (from Saf-C
2304.02) EXPIRED: 1-21-15 (See Revision Note at
chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2307.03 Issuance
of Registration. Upon completion of
the procedures set forth in Saf-C 2307.01 and Saf-C 2307.02, the department shall assign a general
distinguishing number and issue a repair person registration certificate.
Source. #8617, eff 4-28-06, (from Saf-C
2304.03) EXPIRED: 1-21-15 (See Revision Note at
chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2307.04 Renewal
of Repairperson Registration. In
order to renew a repair person registration, each repair person shall complete
the application set forth in Saf-C 2307.01, upon
expiration of the previous registration.
Source. #8617, eff 4-28-06, (from Saf-C
2304.04) EXPIRED: 1-21-15 (See Revision Note at
chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
PART
Saf-C 2308 VESSEL AGENTS
Saf-C 2308.01 Duties
of A Vessel Agent.
(a) The duties of a vessel agent shall be to:
(1) Collect private vessel registration and boat
fees for the department;
(2) Issue private vessel registrations; and
(3) Submit weekly reports to the department and
municipality where the agent is located.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06, EXPIRED: 1-21-15 (See Revision Note at chapter heading
for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.02 Vessel
Agent Registration Applications. Each
applicant for appointment as a vessel agent pursuant to RSA 270-E: 3, VIII
shall complete and submit to the department Form RDMV 420A, “Limited Boat
Agency Registration Application” (rev. 12/10).
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06, EXPIRED: 1-21-15 (See Revision Note at chapter heading
for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.03 Interview.
(a) Upon submission of an application that is
incomplete or might indicate lack of fitness or qualification for appointment
as a vessel agent, the commissioner or his designee shall require an applicant
to appear for an interview.
(b) The commissioner or his designee shall inform
the applicant in writing of the interview. The written notice shall include the
date, time and location of the interview.
(c) At the interview, the commissioner or his
designee shall:
(1) Explain any discrepancy or concerns to the
applicant;
(2) Answer any questions that the applicant may
have about the process; and
(3) Allow the
applicant to make corrections to the application or address any concerns
expressed.
(d) In the event an applicant refuses or neglects
to appear for a scheduled interview, the commissioner shall deny his/her
application.
(e) In the event an applicant fails to explain
any discrepancy or concerns at the interview, the commissioner shall deny
his/her application.
Source. #5283, eff 11-22-91; amd by #5379, eff
4-21-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.06) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.04 Appointment
of Vessel Agent.
(a) In order to be appointed as a vessel agent by
the commissioner, each applicant shall:
(1) Complete the application set forth in Saf-C 2308.02;
(2) Complete the
training requirements set forth in Saf-C 2308.05;
(3) Obtain written acknowledgment from the city
or town clerk in the municipality where the vessel agent is located, pursuant
to Saf-C 2308.08;
(4) Complete an
interview pursuant to Saf-C 2308.03, if applicable;
(5) Obtain a surety bond pursuant to Saf-C 2308.07; and
(6) Sign the vessel agent contract pursuant to Saf-C 2308.09.
Source.
#5283, eff 11-22-91; amd by #5379, eff
4-21-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.03) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.05 Training.
(a) Prior to being appointed as a vessel agent,
each applicant shall complete a training program conducted at the Division of
Motor Vehicles,
(b) The training program shall include the
following instruction:
(1) Completing a private vessel registration;
(2) Filing weekly reports pursuant to Saf-C 2308.11;
(3) Collecting private vessel registration and
boat fees;
(4) Issuing vessel registration certificates,
vessel numbers and decals;
(5) Maintaining records;
(6) Retaining the agent fee pursuant to Saf-C 2308.10; and
(7) Posting office hours pursuant to Saf-C 2308.14.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.04) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.06 Re-Training.
(a) In the event a vessel agent is deficient in
any area set forth in Saf-C 2308.05, the department
shall require the vessel agent to undergo re-training.
(b) Depending upon the areas of deficiency,
re-training shall consist of one or more of the following:
(1) Repeat the training program set forth in Saf-C 2308.05;
(2) Repeat any portion of the training program;
or
(3) Undergo further training, the substance of
which shall be determined by the department.
Source. #5283, eff 11-22-91; amd by #5379, eff
4-21-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06, EXPIRED: 1-21-15 (See Revision Note at chapter heading
for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.07 Bond. Before any appointment shall become
effective, each vessel agent shall file a surety bond with the department,
pursuant to RSA 41:6 and RSA 72-A:4, I(a).
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06, EXPIRED: 1-21-15 (See Revision Note at chapter heading
for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.08 Written
Acknowledgement.
(a) Prior to being appointed as a vessel agent,
the applicant shall obtain written acknowledgement from the city or town clerk
in the municipality where the vessel agent is located.
(b) Written acknowledgement shall be a signed and
dated letter from the city or town clerk, on letterhead, which acknowledges
that the person is a vessel agent in the municipality.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.05) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.09 Vessel
Agent Contract.
(a) Prior to
being appointed as a vessel agent, the applicant shall sign a contract.
(b) The contract shall set forth the terms and
conditions of the agency as follows:
(1) The vessel agent shall:
a. Obtain
written acknowledgement from the city or town clerk of the municipality where
the vessel agent is located, pursuant to Saf-C
2308.08;
b. Obtain
a surety bond, pursuant to Saf-C 2308.07;
c. Submit
weekly reports to the department and local tax collector of the municipality
where the vessel agent is located;
d. Issue
decals in numerical sequence;
e.
Not process any registrations other than private vessels and to direct
commercial, manufacturer, dealer and repair person registrations to the
division of motor vehicles, as set forth in Saf-C
2302.02(a)(1);
f. Not process a registration unless the
registrant presents a hull identification number and if there is no hull
identification number assigned to the vessel, direct the person to the division
of motor vehicles, as set forth in Saf-C
2302.02(a)(1);
g. Type
or print all reports in a clear and legible manner;
h. Submit
all copies of registrations to the department;
i. Completely
fill out all reports sent to the department;
j. Give
10 working days notice to the department of the need
to order supplies;
k.
Charge no more than $5.00 as an agent's fee and $1 for collection of the boat
fee pursuant to RSA 270-E:5, II(c) and RSA 72-A:4, III;
l. Issue vessel numbers in sequential order and
not issue a vessel number to any vessel that has already been assigned a
current vessel number; and
m. Follow
all procedures set forth by the department;
(2) The commissioner shall revoke a vessel
agent's authority, pursuant to RSA 270-E:12, XI, for
any violation of the terms or conditions of the contract;
(3) The vessel agent shall allow the commissioner
to enter the agent's premises during business hours for the purposes of
auditing or verifying compliance with the terms and conditions of the contract;
(4) The vessel agent's signature and date signed;
and
(5) The commissioner's or his designee’s
signature and date signed.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.07) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.10 Vessel
Agent Fees.
(a) In addition to the fees set forth in Saf-C 2302.04, each vessel agent may charge the following
fees:
(1)
Pursuant to RSA 270-E:5,
II(c), $5.00 per registration; and
(2) Pursuant to RSA 72-A:4,
III, $1 per boat.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.08) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.11 Weekly
Reports.
(a)
Each vessel agent shall mail a weekly
report to the department and mail a copy to the tax collector of the
municipality where the vessel agent is located.
(b) Each vessel agent shall furnish the following
on the weekly report:
(1) Name of the city or town where the vessel
agent is located;
(2) Period the report begins and ends;
(3) Number of vessels registered;
(4) Amount of tax collected; and
(5) Vessel agent’s signature.
(c) The weekly report shall be submitted along
with:
(1) The department's copy of all registrations;
and
(2) All fees due to the department in the form of
a check or money order.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.09) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.12 Official Validation Stamps.
(a) Each vessel agent shall use only the official
validation stamps issued by the commissioner.
(b) Validation stamps shall be affixed to the
owner’s copy of the registration certificate on the top third of the
registration certificate.
(c) No vessel agent shall use a validation stamp
issued to another vessel agent.
(d) No stamps shall be issued until the vessel
agent has submitted a $25 deposit for each stamp.
(e) All stamps shall be returned to the
department upon revocation or expiration of a vessel agent’s appointment, or
upon his/her resignation.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.10) EXPIRED:
1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.13 Issuance
and Maintenance of Decals.
(a) Each vessel agent shall maintain an inventory
list of decal numbers.
(b) Upon receipt of decals from the department,
each vessel agent shall reflect such receipt in its inventory list of decal
numbers.
(c) Each vessel agent shall issue decals in the
numerical sequence in which they are received from the department with the
lowest numbered decal being issued first.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.11)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.14 Office
Hours.
(a) For the purposes of this section, “regular
office hours” means consistently scheduled periods of time during which the
public may register vessels at the vessel agent’s office.
(b) Each vessel agent shall maintain regular
office hours.
(c) Upon being appointed as a vessel agent, each
agent shall file a statement setting forth his/her regular office hours. The
vessel agent shall promptly inform the department in writing of any change in
the regular office hours.
(d) Each vessel agent shall display a sign which
provides public notice of the vessel agent's duties, posted at or near the
place where the vessel agent conducts his/her duties.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.12)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.15 Record
Keeping.
(a) Each vessel agent shall maintain a record of
all vessel registration certificates issued by him/her, including:
(1) Date of registration;
(2) Last name of the registrant;
(3) Vessel number; and
(4) Decal number.
(b) All records shall be maintained for a period
of 5 years.
(c) No vessel agent shall refuse or fail to
provide the department, any auditor, or other authorized person, with any
records relating to vessel registrations. The commissioner or his designee
shall take the records in hand for inspection, as necessary to photocopy.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06, (from Saf-C
2308.13)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.16 Security. Whenever a vessel agent's office is closed or
unattended, all decals, stamps, and other registration materials shall be
placed in a locked file cabinet or other secure container.
Source. #8617, eff 4-28-06, (from Saf-C
2308.14)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
Saf-C 2308.17 Revocation
of Vessel Agent Authority.
(a) The commissioner shall revoke a vessel
agent’s authority, after a hearing, for failure to adhere to the contract or
for any violation of this chapter or RSA 270-E.
(b) All hearings shall be held in accordance with
the requirements of Saf-C 200.
Source. #8617, eff 4-28-06, (from Saf-C
2308.15)
EXPIRED: 1-21-15 (See Revision
Note at chapter heading for Saf-C 2300)
New. #10787, eff 2-20-15
APPENDIX
|
RULE |
STATUTE |
|
Saf-C 2301.01-2301.02 |
RSA 541-A:7 |
|
Saf-C 2301.03 |
RSA 270-D:1, I |
|
Saf-C 2301.04 |
RSA 541-A:7 |
|
Saf-C 2301.05 |
RSA 270-E:2, II |
|
Saf-C 2301.06 |
RSA 270-E:2, III |
|
Saf-C 2301.07 |
RSA 541-A:7 |
|
Saf-C 2301.08 |
RSA 270-E:2, V |
|
Saf-C 2301.09 |
RSA 270-D:1, IV |
|
Saf-C 2301.10 |
RSA 541-A:7 |
|
Saf-C 2301.11 |
RSA 270-E:13, I; RSA 270-E:16, I |
|
Saf-C 2301.12-2301.13 |
RSA 541-A:7 |
|
Saf-C 2301.14 |
RSA 20-E:2, VII |
|
Saf-C 2301.15 |
RSA 541-A:7 |
|
Saf-C 2301.16 |
RSA 270-E:2, X |
|
Saf-C 2301.17-2301.18 |
RSA 541-A:7 |
|
Saf-C 2301.19 |
RSA 270-E:2, XII |
|
Saf-C 2301.20 |
RSA 270-E:3, VIII |
|
Saf-C 2301.21 |
RSA 270-E:2, IX |
|
Saf-C 2301.22 |
RSA 270-E:12,
III; RSA 541-A:7 |
|
Saf-C 2302.01 |
RSA 270-E:3; RSA 270-E:4 |
|
Saf-C 2302.02-2302.03 |
RSA 270-E:3 |
|
Saf-C 2302.02-2302.04 |
RSA 72-A; RSA 270-E:3; RSA 270-E:4; RSA 270-E:5; RSA 270-E:6 |
|
Saf-C 2302.05-2302.09 |
RSA 270-E:3 |
|
Saf-C 2303.01-2303.02 |
RSA 270-E:8; RSA 270-E:9 |
|
Saf-C 2304.01-2304.04 |
RSA 270-E:3; RSA 270-E:8, III; RSA 270-E:9, II |
|
Saf-C 2305.01 |
RSA 270-E:10 |
|
Saf-C 2306.01-2306.04 |
RSA 270-E:5, III; RSA 270-E:13 |
|
Saf-C 2307.01-2307.04 |
RSA 270-E:5, II; RSA 270-E:16 |
|
Saf-C 2308.01-2308.06 |
RSA 270-E:3, VIII |
|
Saf-C 2308.07 |
RSA 72-A:4, I(a); RSA 270-E:3, VIII |
|
Saf-C 2308.08 |
RSA 270-E:3, VIII |
|
Saf-C 2308.09-2308.10 |
RSA 72-A:4, III; RSA 270-E:3, VIII; RSA 270-E:5,
II(c); |
|
Saf-C 2308.11-2308.17 |
RSA 270-E:3, VIII |