Virginia Code 29.1-733.8: Creation and cancellation of certificate of title.
A. Unless an application for a certificate of title is rejected under subsection C or D, the Department shall create a certificate for the watercraft in accordance with subsection B not later than 20 days after delivery to it of an application that complies with § 29.1-733.7.
Terms Used In Virginia Code 29.1-733.8
- 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
- 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
- Notice: means the same as that term is defined in § Virginia Code 29.1-733.2
- Owner: means a person that has legal title to a watercraft. 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
- 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. If the Department creates electronic certificates of title, the Department shall create an electronic certificate unless in the application the secured party of record or, if none, the owner of record, requests that the Department create a written certificate.
C. Except as otherwise provided in subsection D, the Department shall reject an application for a certificate of title only if:
1. The application does not comply with § 29.1-733.7;
2. The application does not contain documentation sufficient for the Department to determine whether the applicant is entitled to a certificate;
3. There is a reasonable basis for concluding that the application is fraudulent or issuance of a certificate would facilitate a fraudulent or illegal act; or
4. The application does not comply with the law of the Commonwealth other than this article.
D. The Department shall reject an application for a certificate of title for a watercraft that is a documented vessel or a foreign-documented vessel.
E. The Department shall cancel a certificate of title created by it only if the Department:
1. Could have rejected the application for the certificate under subsection C;
2. Is required to cancel the certificate under another provision of this article; or
3. Receives satisfactory evidence that the watercraft is a documented vessel or a foreign-documented vessel.
F. The Department shall provide an opportunity for an informal fact-finding proceeding at which the owner and any other interested party may present evidence in support of or opposition to cancellation of a certificate of title. The Department shall serve all owners and secured parties indicated in the files of the Department with notice of the opportunity for an informal fact-finding proceeding. Service shall be made personally or by mail through the U.S. Postal Service, properly addressed, postage paid, return receipt requested. Service by mail is complete on deposit with the U.S. Postal Service. The Department by rule may authorize service by electronic transmission if a copy is sent on the same day by first-class mail or by a commercial delivery company. If not later than 30 days after the notice was served, the Department receives a request for an informal fact-finding proceeding from an interested party, the Department shall hold the proceeding not later than 20 days after receiving the request.
2013, c. 787.