(a) The rights, duties, and interests flowing from a transaction, certificate of title, or record relating to a vessel that was validly entered into or created before July 1, 2018, and would be subject to this chapter if it had been entered into or created on or after July 1, 2018, remain valid on and after July 1, 2018.
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Terms Used In Hawaii Revised Statutes 200A-28

  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • 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 interest: includes any interest of a consignor in a vessel in a transaction that is subject to article 9 of chapter 490. 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
(b) This chapter shall not affect an action or proceeding commenced before July 1, 2018.
(c) Except as otherwise provided in subsection (d), a security interest that is enforceable immediately before July 1, 2018, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this chapter.
(d) A security interest perfected immediately before July 1, 2018, remains perfected until the earlier of:

(1) The time perfection would have ceased under the law under which the security interest was perfected; or
(2) Three years after July 1, 2018.
(e) This chapter shall not affect the priority of a security interest in a vessel if immediately before July 1, 2018, the security interest is enforceable and perfected, and that priority is established.

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