(a) Except as otherwise provided in sections 200A-10, 200A-15, 200A-19, 200A-20, transfer of ownership or termination of security interest without certificate of title” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>200A-21, and 200A-22, only an owner may apply for a certificate of title.
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-7

  • Barge: means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. See Hawaii Revised Statutes 200A-2
  • Certificate of origin: includes a manufacturer's certificate or statement of origin and an importer's certificate or statement of origin. See Hawaii Revised Statutes 200A-2
  • 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
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 200A-2
  • Documented vessel: means a vessel covered by a certificate of documentation issued pursuant to title 46 United States Code § 12105, as amended. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreign documented vessel: means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States that identifies each person that has an ownership interest in a vessel and includes a unique alphanumeric designation for the vessel. See Hawaii Revised Statutes 200A-2
  • Hull damaged: means compromised with respect to the integrity of a vessel's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a vessel in a manner that creates a significant risk to the integrity of the vessel's hull. See Hawaii Revised Statutes 200A-2
  • Hull identification number: means the alphanumeric designation assigned to a vessel pursuant to title Title 33 of the Code of Federal Regulations, Part 181, as amended. See Hawaii Revised Statutes 200A-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Owner: means a person that has legal title to a vessel. 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
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 200A-2
  • Title brand: means a designation of previous damage, use, or condition that shall be indicated on a certificate of title. 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
  • Vessel number: means the alphanumeric designation for a vessel issued pursuant to title 46 United States Code § 12301, as amended. See Hawaii Revised Statutes 200A-2
(b) An application for a certificate of title shall be signed by the applicant and contain:

(1) The applicant’s name, date of birth, driver’s license or civil identification number, the street address of the applicant’s principal residence, and, if different, the applicant’s mailing address;
(2) The name and mailing address of each other owner of the vessel;
(3) The hull identification number for the vessel or, if none, an application for the issuance of a hull identification number for the vessel;
(4) The vessel number for the vessel or, if none is issued by the department, an application for a vessel number;
(5) A description of the vessel as required by the department, which shall include:

(A) The official number for the vessel, if any, assigned by the United States Coast Guard or the vessel registration number assigned by department;
(B) The name of the manufacturer, builder, or maker;
(C) The model year or the year in which the manufacture or build of the vessel was completed;
(D) The overall length of the vessel;
(E) The vessel type;
(F) The hull material;
(G) The propulsion type;
(H) The engine drive type, if any; and
(I) The fuel type, if any;
(6) An indication of all security interests in the vessel known to the applicant and the name and mailing address of each secured party;
(7) A statement that the vessel is not a documented vessel, a foreign documented vessel, or a barge;
(8) Any title brand known to the applicant and, if known, the jurisdiction under whose law the title brand was created;
(9) If the applicant knows that the vessel is hull damaged, a statement that the vessel is hull damaged;
(10) If the application is made in connection with a transfer of ownership, the transferor’s name; street address and, if different, mailing address; the sales price, if any; and the date of the transfer; and
(11) If the vessel previously was registered or titled in another jurisdiction, a statement identifying each jurisdiction known to the applicant in which the vessel was registered or titled.
(c) In addition to the information required by subsection (b), an application for a certificate of title may contain an electronic communication address of the owner, transferor, or secured party.
(d) Except as otherwise provided in section 200A-19, 200A-20, 200A-21, or 200A-22, an application for a certificate of title shall be accompanied by:

(1) A certificate of title signed by the owner shown on the certificate and that:

(A) Identifies the applicant as the owner of the vessel; or
(B) Is accompanied by a record that identifies the applicant as the owner; or
(2) If there is no certificate of title:

(A) If the vessel was a documented vessel, a record issued by the United States Coast Guard that shows the vessel is no longer a documented vessel and identifies the applicant as the owner;
(B) If the vessel was a foreign documented vessel, a record issued by the foreign country that shows the vessel is no longer a foreign documented vessel and identifies the applicant as the owner; or
(C) In all other cases, a certificate of origin, bill of sale, or other record that identifies the applicant as the owner to the satisfaction of the department.

The application shall also be accompanied by payment of any applicable titling fees, as set by the department.

(e) A record submitted in connection with an application shall be deemed part of the application. The department shall maintain the record in its files.
(f) The department may require that an application for a certificate of title be accompanied by payment or evidence of payment of all fees and taxes payable by the applicant under the law of this State other than this chapter in connection with the application or the acquisition or use of the vessel.

  Previous
Next  
 Chapter 200A Contents