§ 75A-5. Application for certificate of number and fees; reciprocity; change of ownership; conformity with federal regulations; records; award of certificates; renewal of certificates; transfer of par - North Carolina Statutes

§ 75A‑5.  Applicationfor certificate of number and fees; reciprocity; change of ownership;conformity with federal regulations; records; award of certificates; renewal ofcertificates; transfer of partial interest; destroyed or junked vessels;abandonment; change of address; duplicate certificates; display.

(a)        Application forCertificate of Number and Fees. – The owner of each vessel requiring numberingby this State shall file an application for a certificate of number with theCommission. The Commission shall furnish application forms and shall prescribethe information contained in the application form. The application shall besigned by the owner of the vessel or the owner's agent and shall be accompaniedby a fee. The fee is fifteen dollars ($15.00) for a one‑year period orforty dollars ($40.00) for a three‑year period. The fee does not apply tovessels owned and operated by nonprofit rescue squads if they are operatedexclusively for rescue purposes, including rescue training. The owner shallhave the option of selecting a one‑year numbering period or a three‑yearnumbering period. Upon receipt of the application in approved form, theCommission shall enter the application in its records and issue the owner acertificate of number stating the identification number awarded to the vesseland the name and address of the owner, and a validation decal indicating theexpiration date of the certificate of number. The owner shall paint on orattach to each side of the bow of the vessel the identification number in suchmanner as may be prescribed by rules of the Commission in order that it may beclearly visible. The identification number shall be maintained in legiblecondition. The validation decal shall be displayed on the starboard bow of thevessel immediately following the number. The certificate of number shall bepocket size and shall be available for inspection on the vessel for which thecertificate is issued at all times the vessel is in operation. Any personcharged with failing to so carry a certificate of number shall not be convictedif the person produces in court a certificate of number previously issued tothe owner that was valid at the time of the alleged violation.

(b)        Reciprocity. – Theowner of any vessel already covered by a number in full force and effectpursuant to federal law or a federally approved numbering system of anotherstate shall record the identification number prior to operating the vessel onthe waters of this State in excess of the 90‑day reciprocity periodprovided for in G.S. 75A‑7(a)(1). The recordation shall be made pursuantto subsection (a) of this section, except that no additional or substituteidentification number shall be issued.

(c)        Change ofOwnership. – Should the ownership of a vessel change, a new application formwith a fee in the amount set in subsection (a) of this section shall be filedwith the Commission and a new certificate bearing the same identificationnumber shall be awarded to the new owner in the same manner as an originalcertificate of number. Possession of the certificate shall in cases involvingprosecution for violation of any provision of this Chapter be prima facieevidence that the person whose name appears on the certificate is the owner ofthe vessel referred to on the certificate.

(d)        Conformity WithFederal Regulations. – In the event that an agency of the federal governmentshall have in force an over‑all system of identification numbering forvessels within the United States, the numbering system employed pursuant tothis Chapter by the Commission shall be in conformity therewith.

(e)        Repealed by SessionLaws 2006‑185, s. 1.

(f)         Records. – Allrecords of the Commission made or kept pursuant to this section shall be publicrecords.

(g)        Award ofCertificates. – Each certificate of number awarded pursuant to this Chapter,unless sooner terminated or discontinued in accordance with the provisions ofthis Chapter, shall continue in full force and effect to and including the lastday of the month during which the certificate was awarded after the lapse ofone year in the case of a one‑year certificate or three years in the caseof a three‑year certificate. No person shall willfully remove avalidation decal from any vessel during the continuance of its validity oralter, counterfeit, or otherwise tamper with a validation decal attached to anyvessel for the purpose of changing or obscuring the indicated date ofexpiration of the certificate of number of the vessel.

(h)        Renewal ofCertificates. – An owner of a vessel awarded a certificate of number pursuantto this Chapter shall renew the certificate on or before the first day of themonth after which the certificate expires; otherwise, the certificate shalllapse and be void until such time as it may thereafter be renewed. Applicationfor renewal shall be submitted on a form approved by the Commission and shallbe accompanied by a fee in the amount set in subsection (a) of this section. Nofee is required for a period of one year for renewal of certificates of numberthat have been previously issued to commercial fishing vessels as defined inG.S. 75A‑5.1, upon compliance with all of the requirements of thatsection.

(i)         Transfer ofPartial Interest. – The owner shall furnish the Commission notice of thetransfer of any part of the owner's interest other than the creation of asecurity interest in a vessel numbered in this State pursuant to subsections(a) and (b) of this section within 15 days of the transfer. A transfer ofpartial interest in a vessel shall not affect the owner's right to operate thevessel, nor shall a  transfer of partial interest in a vessel terminate thecertificate of number.

(i1)       Destroyed or JunkedVessels. – The owner of any destroyed or junked vessel shall furnish theCommission notice of the destruction or junking of that vessel within 15 daysof its occurrence. Destruction or junking terminates the certificate of numberand renders the hull identification number invalid for that vessel.

(i2)       Abandonment. – Aperson may acquire ownership of an abandoned vessel by providing proof to theCommission that the lawful owner has actually abandoned the vessel. TheCommission shall adopt rules by which a person seeking to acquire ownership maydemonstrate that the vessel is actually abandoned. At a minimum, the rulesshall provide for a reasonable attempt to locate the lawful owner and, if theowner is located, notice by the claimant of an intention to claim ownership ofthe vessel.

(j)         Change of Address.– Whenever any person, after applying for or obtaining the certificate of numberof a vessel, moves from the address shown in the application or upon thecertificate of number, that person shall notify the Commission of the change ofaddress within 30 days of moving in a form acceptable to the Commission.

(j1)       DuplicateCertificates. – The Commission shall issue a duplicate certificate of numberfor a vessel upon application by the person entitled to hold the certificate,if the Commission is satisfied that the original certificate of number has beenlost, stolen, mutilated, or destroyed, or has become illegible. The Commissionshall charge a fee of five dollars ($5.00) for issuance of each duplicatecertificate.

(k)        Display. – Nonumber other than the identification number set forth in the certificate ofnumber or granted reciprocity pursuant to this Chapter shall be painted,attached, or otherwise displayed on either side of the bow of a vessel, exceptthe validation decal required by subsection (a) of this section.

(l)         Repealed bySession Laws 2006‑185, s. 1. (1959, c. 1064, s. 5; 1961, c. 469, s. 1; 1963, c.470; 1975, c. 483, ss. 1, 2; 1977, c. 566; 1979, c. 761, ss. 1‑7; 1981,c. 161; 1983, c. 194; c. 446, ss. 1, 2; 1987, c. 827, s. 4; 1993, c. 422, ss. 2‑4;c. 539, ss. 563, 564; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑225, s. 4.1;1999‑248, ss. 1, 2; 1999‑392, ss. 2‑4; 2006‑185, s. 1;2007‑485, ss. 4.2, 4.3, 4.4.)