§ 462A.70 — Hull identification, capacity plates, warning labels

Iowa § 462A.70

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 462A: WATER NAVIGATION REGULATIONS

Text

1. Altering or changing numbers on plates.
a. A person shall not with fraudulent intent, deface, destroy, or alter the hull identification
number, capacity plate, or any other plate, warning label, or instrument required by state
or federal law on a vessel or component part nor shall a person place or stamp a hull
identification number, capacity plate, or any other warning label or instrument upon a vessel
or component part except one assigned thereto by state or federal law.
b. This section does not prohibit the restoration of an original hull identification number,
capacity plate, or any other original plate, warning label, or instrument required by state
or federal law when the restoration is made by the commission nor prevent a manufacturer
from placing in the ordinary course of business numbers, plates, or marks upon vessels or
component parts.
2. Test to determine true number or plate. When it appears that a hull identification
number, capacity plate, or any other plate, warning label, or instrument required by state
or federal law has been altered, defaced, or tampered with, a peace officer or inspector
employed by the commission or any other person acting under the direction of a peace
officer or inspector, may apply any recognized process or test to the vessel or part containing
such number or plate for the purpose of determining the true number or plate content.
3. Right of inspection. Peace officers or examiners employed by the commission may
inspect any vessel or component part in possession of any person or found upon the waters
of this state under the jurisdiction of the commission or in a public mooring or storage area
or enclosure in which vessels or component parts are kept for sale, storage, hire, or repair
and to determine vessel or component part identification may board the vessel or enter the
public mooring or storage area or enclosure.
4. Penalty. Apersonwhoisconvictedofaviolationofanyoftheprovisionsofthissection
or rules adopted under this section by the commission is guilty of a class “D” felony.
[82 Acts, ch 1028, §35]
C83, §106.70
C93, §462A.70
462A.71 through 462A.76 Reserved.
SUBCHAPTER III
VESSEL CERTIFICATES OF TITLE
462A.77 Owner’s certificate of title — in general.
1. Except as provided in subsection 3, an owner of a vessel seventeen feet or longer in
length principally used on the waters of the state and to be numbered pursuant to section
462A.4 shall apply to the county recorder of the county in which the owner resides for a
certificate of title for the vessel. The requirement of a certificate of title does not apply to
canoes, kayaks, or inflatable vessels regardless of length.
2. Each certificate of title shall contain the information and shall be issued in a form the
department prescribes.
3. a. A person who, on January 1, 1988, is the owner of a vessel seventeen feet or longer
in length with a valid certificate of number issued by the state is not required to file an
application for a certificate of title for the vessel. A person who, on or after January 1, 1988,
37 WATER NAVIGATION REGULATIONS, §462A.78
purchases a vessel seventeen feet or longer in length which was registered with a valid
certificate of number issued by this state before January 1, 1988, shall obtain a certificate of
title for the vessel.
b. A person who is the owner of a vessel that is documented with the United States coast
guard is not required to file an application for a certificate of title for the vessel and the vessel
isexemptfromtherequirementsofsection462A.82,subsections1and2,andsection462A.84.
4. Every owner of a vessel subject to titling under this chapter shall apply to the county
recorder for issuance of a certificate of title for the vessel within thirty days after acquisition.
The application shall be on forms the department prescribes, and accompanied by the
required fee specified in section 462A.78 and the writing fee specified in section 462A.53.
The application shall be signed and shall include a certification signed in writing containing
substantially the representation that statements made are true and correct to the best of the
applicant’s knowledge, information, and belief, under penalty of perjury. The application
shall contain the date of sale and gross price of the vessel or the fair market value if no sale
immediately preceded the transfer, and any additional information the department requires.
If the application is made for a vessel last previously registered or titled in another state or
foreign country, it shall contain this information and any other information the department
requires.
5. If a dealer buys or acquires a used vessel for resale, the dealer may apply for and obtain
a certificate of title as provided in this chapter. If a dealer buys or acquires a new vessel for
resale, the dealer may apply for a certificate of title in the dealer’s name.
6. Every dealer transferring a vessel requiring titling under this chapter shall assign the
title to the new owner, or in the case of a new vessel assign the certificate of origin. Within
thirty days the dealer shall forward all moneys and applications to the county recorder.
7. Thecountyrecordershallmaintainanelectronicrecordofeachcertificateoftitleissued
by the county recorder under this chapter until the certificate of title has been inactive for five
years.
8. A person shall not sell, assign, or transfer a vessel titled by the state without delivering
tothepurchaserortransfereeacertificateoftitlewithanassignmentonitshowingtitleinthe
purchaser or transferee. A person shall not purchase or otherwise acquire a vessel required
to be titled by the state without obtaining a certificate of title for it in that person’s name.
9. A person who owns a vessel which is not required to have a certificate of title may apply
for and receive a certificate of title for the vessel and the vessel shall subsequently be subject
to the requirements of this subchapter as though the vessel was required to be titled.
10. The buyer of a vessel sold pursuant to section 578A.7 shall present documentation
that such sale was completed in compliance with that section.