(a) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules shall apply:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 200A-17

  • Certificate of title: means a record, created by the department under this chapter or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Hawaii Revised Statutes 200A-2
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 200A-2
  • Owner: means a person that has legal title to a vessel. See Hawaii Revised Statutes 200A-2
  • Person: means an individual; corporation; business trust; estate; trust; statutory trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Hawaii Revised Statutes 200A-2
  • Purchaser: means a person that takes by purchase. See Hawaii Revised Statutes 200A-2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
  • Security agreement: means an agreement that creates or provides for a security interest. See Hawaii Revised Statutes 200A-2
  • Sign: means , with present intent to authenticate or adopt a record, to:

    (1) Make or adopt a tangible symbol; or
    (2) Attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 200A-2
  • Transfer of ownership: means a voluntary or involuntary conveyance of an interest in a vessel. See Hawaii Revised Statutes 200A-2
  • Vessel: means any watercraft used or capable of being used as a means of transportation on water, except:

    (1) An amphibious vehicle for which a certificate of title is issued pursuant to part III of chapter 286 or a similar statute of another state;
    (2) A watercraft less than eight feet in length and propelled solely by sail, paddle, oar, or an engine of less than ten horsepower;
    (3) A watercraft that operates only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
    (4) A stationary floating structure that:
    (A) Does not have and is not designed to have a mode of propulsion of its own;
    (B) Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and
    (C) Has a permanent, continuous hookup to a shoreside sewage system;
    (5) A watercraft owned by the United States; a state; a foreign government; or a political subdivision of the United States, a state, or a foreign government; and
    (6) A watercraft used solely as a lifeboat on another watercraft. See Hawaii Revised Statutes 200A-2
  • Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Hawaii Revised Statutes 200A-2
(1) If the certificate is a written certificate of title and the transferor’s interest is noted on the certificate, the transferor shall promptly sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate shall have the duty to facilitate the transferor’s compliance with this paragraph. A secured party shall not have a duty to facilitate the transferor’s compliance with this paragraph if the proposed transfer is prohibited by the security agreement;
(2) If the certificate of title is an electronic certificate of title, the transferor promptly shall sign and deliver to the transferee a record evidencing the transfer of ownership to the transferee; and
(3) The transferee shall have a right enforceable by specific performance to require the transferor to comply with paragraph (1) or (2).
(b) The creation of a certificate of title identifying the transferee as owner of record satisfies subsection (a).
(c) A failure to comply with subsection (a) or to apply for a new certificate of title shall not render a transfer of ownership of a vessel ineffective between the parties. Except as otherwise provided in § 200A-18, 200A-19, purchaser other than secured party” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>200A-23(a), or 200A-24, a transfer of ownership without compliance with subsection (a) shall not be effective against another person claiming an interest in the vessel.
(d) A transferor that complies with subsection (a) shall not be liable as owner of the vessel for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.

  Previous
Next  
 Chapter 200A Contents