Virginia Code 29.1-733.7: Application for certificate of title.
A. Except as otherwise provided in § 29.1-733.10, 29.1-733.15, 29.1-733.19, 29.1-733.20, 29.1-733.21, or 29.1-733.22, only an owner may apply for a certificate of title.
Terms Used In Virginia Code 29.1-733.7
- Certificate of origin: means a record created by a manufacturer or importer as the manufacturer's or importer's proof of identity of a watercraft. See Virginia Code 29.1-733.2
- Certificate of title: means a record, created by the Department under this article 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 watercraft. See Virginia Code 29.1-733.2
- Documented vessel: means a watercraft covered by a certificate of documentation issued pursuant to Virginia Code 29.1-733.2
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 29.1-733.2
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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 watercraft whose ownership 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 watercraft and includes a unique alphanumeric designation for the watercraft. See Virginia Code 29.1-733.2
- Hull damaged: means compromised with respect to the integrity of a watercraft's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a watercraft in a manner that creates a significant risk to the integrity of the watercraft's hull. See Virginia Code 29.1-733.2
- Hull identification number: means the alphanumeric designation assigned to a watercraft pursuant to Virginia Code 29.1-733.2
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: means a person that has legal title to a watercraft. See Virginia Code 29.1-733.2
- 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 Virginia Code 29.1-733.2
- 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 Virginia Code 29.1-733.2
- Registration number: means the alphanumeric designation for a vessel issued pursuant to Virginia Code 29.1-733.2
- Sale: means the same as that term is defined in § Virginia Code 29.1-733.2
- Title brand: means a designation of previous damage, use, or condition that shall be indicated on a certificate of title. See Virginia Code 29.1-733.2
- Transfer of ownership: means a voluntary or involuntary conveyance of an interest in a watercraft. See Virginia Code 29.1-733.2
- Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Virginia Code 29.1-700
- Watercraft: means any vessel that is used or capable of being used as a means of transportation on water and is propelled by machinery, whether or not the machinery is the principal source of propulsion, except:
1. See Virginia Code 29.1-733.2
B. An application for a certificate of title shall be signed by the applicant and contain:
1. The applicant’s name, 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 watercraft at the time of application;
3. The motor vehicle driver’s license number, social security number, or taxpayer identification number of each owner;
4. The hull identification number for the watercraft or, if none, an application for the issuance of a hull identification number for the watercraft;
5. If numbering is required pursuant to § 29.1-703, the registration number for the watercraft or, if none has been issued by the Department, an application for a registration number pursuant to § 29.1-702;
6. A description of the watercraft as required by the Department, which shall include:
a. The official number for the watercraft, if any, assigned by the U.S. Coast Guard;
b. The name of the manufacturer, builder, or maker;
c. The model year or the year in which the manufacture or build of the watercraft was completed;
d. The overall length of the watercraft;
e. The watercraft type;
f. The hull material;
g. The propulsion type;
h. The engine drive type, if any;
i. The motor identification, including manufacturer’s name and serial number, except on motors of 25 horsepower or less; and
j. The fuel type, if any;
7. An indication of all security interests in the watercraft known to the applicant and the name and mailing address of each secured party;
8. A statement that the watercraft is not a documented vessel or a foreign-documented vessel;
9. Any title brand known to the applicant and, if known, the jurisdiction under whose law the title brand was created;
10. If the applicant knows that the watercraft is hull damaged, a statement that the watercraft is hull damaged;
11. 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
12. If the watercraft previously was registered or titled in another jurisdiction, a statement identifying each jurisdiction known to the applicant in which the watercraft 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 § 29.1-733.19, 29.1-733.20, 29.1-733.21, or 29.1-733.22, an application for a certificate of title shall be accompanied by:
1. A certificate of title that is signed by the owner shown on the certificate and that:
a. Identifies the applicant as the owner of the watercraft; 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 watercraft was a documented vessel, a record issued by the U.S. Coast Guard that shows that the watercraft is no longer a documented vessel and identifies the applicant as the owner;
b. If the watercraft was a foreign-documented vessel, a record issued by the foreign country that shows that the watercraft 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 to the satisfaction of the Department identifies the applicant as the owner. Issuance of registration under the provisions of § 29.1-702 is prima facie evidence of ownership of a watercraft and entitlement to a certificate of title under the provisions of this article.
E. A record submitted in connection with an application is part of the application. The Department shall maintain the record in its files.
F. The Department shall 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 law of the Commonwealth other than this article in connection with the application or the acquisition or use of the watercraft. The Department shall charge $7 for issue of each certificate of title, transfer of title, or for the recording of a supplemental lien. The Department shall charge $2 for the issuance of each duplicate title or for changes to a previously issued certificate of title that are made necessary by a change of the motor on the watercraft. Any watercraft purchased and used by a nonprofit volunteer emergency medical services agency shall be exempt from the fees imposed under this section.
G. The application shall be on forms prescribed and furnished by the Department and shall contain any other information required by the Director.
H. Whenever any person, after applying for or obtaining the certificate of title of a watercraft, moves from the address shown in the application or upon the certificate of title, he shall, within 30 days, notify the Department in writing of his change of address. A fee of $7 shall be imposed upon anyone failing to comply with this subsection within the time prescribed.