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To amend sections 1547.01, 1547.53, 1547.531, 1547.54, | 1 |
1547.542, and 1547.57 of the Revised Code to | 2 |
provide owners of canoes, rowboats, and inflatable | 3 |
watercraft with an optional exemption from | 4 |
numbering requirements and to make other changes to | 5 |
the law governing watercraft. | 6 |
Section 1. That sections 1547.01, 1547.53, 1547.531, 1547.54, | 7 |
1547.542, and 1547.57 of the Revised Code be amended to read as | 8 |
follows: | 9 |
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25, | 10 |
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, | 11 |
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the | 12 |
Revised Code, "watercraft" means any of the following when used or | 13 |
capable of being used for transportation on the water: | 14 |
(1) A vessel operated by machinery either permanently or | 15 |
temporarily affixed; | 16 |
(2) A sailboat other than a sailboard; | 17 |
(3) An inflatable, manually propelled boat having a hull | 18 |
identification number meeting the requirements of the United | 19 |
States coast guard; | 20 |
(4) A canoe or rowboat. | 21 |
"Watercraft" does not include ferries as referred to in | 22 |
Chapter 4583. of the Revised Code. | 23 |
Watercraft subject to section 1547.54 of the Revised Code | 24 |
shall be divided into five classes as follows: | 25 |
Class A: Less than sixteen feet in length; | 26 |
Class 1: At least sixteen feet, but less than twenty-six | 27 |
feet in length; | 28 |
Class 2: At least twenty-six feet, but less than forty feet | 29 |
in length; | 30 |
Class 3: At least forty feet, but less than sixty-five feet | 31 |
in length; | 32 |
Class 4: At least sixty-five feet in length. | 33 |
(B) As used in this chapter: | 34 |
(1) "Vessel" includes every description of watercraft, | 35 |
including nondisplacement craft and seaplanes, used or capable of | 36 |
being used as a means of transportation on water. | 37 |
(2) "Rowboat" means any vessel, except a canoe, that is | 38 |
designed to be rowed and that is propelled by human muscular | 39 |
effort by oars or paddles and upon which no mechanical propulsion | 40 |
device, electric motor, internal combustion engine, or sail has | 41 |
been affixed or is used for the operation of the vessel. | 42 |
(3) "Sailboat" means any vessel, equipped with mast and | 43 |
sails, dependent upon the wind to propel it in the normal course | 44 |
of operation. | 45 |
(a) Any sailboat equipped with an inboard engine is deemed a | 46 |
powercraft with auxiliary sail. | 47 |
(b) Any sailboat equipped with a detachable motor is deemed | 48 |
a sailboat with auxiliary power. | 49 |
(c) Any sailboat being propelled by mechanical power, | 50 |
whether under sail or not, is deemed a powercraft and subject to | 51 |
all laws and rules governing powercraft operation. | 52 |
(4) "Powercraft" means any vessel propelled by machinery, | 53 |
fuel, rockets, or similar device. | 54 |
(5) "Person" includes any legal entity defined as a person | 55 |
in section 1.59 of the Revised Code and any body politic, except | 56 |
the United States and this state, and includes any agent, trustee, | 57 |
executor, receiver, assignee, or other representative thereof. | 58 |
(6) "Owner" includes any person who claims lawful possession | 59 |
of a vessel by virtue of legal title or equitable interest therein | 60 |
that entitled the person to that possession. | 61 |
(7) "Operator" includes any person who navigates or has | 62 |
under the person's control a vessel, or vessel and detachable | 63 |
motor, on the waters in this state. | 64 |
(8) "Visible" means visible on a dark night with clear | 65 |
atmosphere. | 66 |
(9) "Waters in this state" means all streams, rivers, lakes, | 67 |
ponds, marshes, watercourses, waterways, and other bodies of | 68 |
water, natural or humanmade, that are situated wholly or partially | 69 |
within this state or within its jurisdiction and are used for | 70 |
recreational boating. | 71 |
(10) "Navigable waters" means waters that come under the | 72 |
jurisdiction of the department of the army of the United States | 73 |
and any waterways within or adjacent to this state, except inland | 74 |
lakes having neither a navigable inlet nor outlet. | 75 |
(11) "In operation" in reference to a vessel means that the | 76 |
vessel is being navigated or otherwise used on the waters in this | 77 |
state. | 78 |
(12) "Sewage" means human body wastes and the wastes from | 79 |
toilets and other receptacles intended to receive or retain body | 80 |
waste. | 81 |
(13) "Canoe" means a narrow vessel of shallow draft, pointed | 82 |
at both ends and propelled by human muscular effort, and includes | 83 |
kayaks, racing shells, and rowing sculls. | 84 |
(14) "Coast guard approved" means bearing an approval number | 85 |
assigned by the United States coast guard. | 86 |
(15) "Type one personal flotation device" means a device | 87 |
that is designed to turn an unconscious person floating in water | 88 |
from a face downward position to a vertical or slightly face | 89 |
upward position and that has at least nine kilograms, | 90 |
approximately twenty pounds, of buoyancy. | 91 |
(16) "Type two personal flotation device" means a device | 92 |
that is designed to turn an unconscious person in the water from a | 93 |
face downward position to a vertical or slightly face upward | 94 |
position and that has at least seven kilograms, approximately | 95 |
fifteen and four-tenths pounds, of buoyancy. | 96 |
(17) "Type three personal flotation device" means a device | 97 |
that is designed to keep a conscious person in a vertical or | 98 |
slightly face upward position and that has at least seven | 99 |
kilograms, approximately fifteen and four-tenths pounds, of | 100 |
buoyancy. | 101 |
(18) "Type four personal flotation device" means a device | 102 |
that is designed to be thrown to a person in the water and not | 103 |
worn and that has at least seven and five-tenths kilograms, | 104 |
approximately sixteen and five-tenths pounds, of buoyancy. | 105 |
(19) "Type five personal flotation device" means a device | 106 |
that, unlike other personal flotation devices, has limitations on | 107 |
its approval by the United States coast guard, including, without | 108 |
limitation, all of the following: | 109 |
(a) The approval label on the type five personal flotation | 110 |
device indicates that the device is approved for the activity in | 111 |
which the vessel is being used or as a substitute for a personal | 112 |
flotation device of the type
required on the vessel in use | 113 |
(b) The personal flotation device is used in accordance with | 114 |
any
requirements on the approval label | 115 |
(c) The personal flotation device is used in accordance with | 116 |
requirements in its owner's manual if the approval label refers to | 117 |
such a manual. | 118 |
(20) "Inflatable watercraft" means any vessel constructed of | 119 |
rubber, canvas, or other material that is designed to be inflated | 120 |
with any gaseous substance, constructed with two or more air | 121 |
cells, and operated as a vessel. Inflatable watercraft propelled | 122 |
by a motor shall be classified as powercraft and shall be | 123 |
registered by length. Inflatable watercraft propelled by a sail | 124 |
shall be classified as a sailboat and shall be registered by | 125 |
length. | 126 |
(21) "Idle speed" means the slowest possible speed needed to | 127 |
maintain steerage or maneuverability. | 128 |
(22) "Diver's flag" means a red flag not less than one foot | 129 |
square having a diagonal white stripe extending from the masthead | 130 |
to the opposite lower corner that when displayed indicates that | 131 |
divers are in the water. | 132 |
(23) "Muffler" means an acoustical suppression device or | 133 |
system that is designed and installed to abate the sound of | 134 |
exhaust gases emitted from an internal combustion engine and that | 135 |
prevents excessive or unusual noise. | 136 |
(24) "Law enforcement vessel" means any vessel used in law | 137 |
enforcement and under the command of a law enforcement officer. | 138 |
(25) "Personal watercraft" means a vessel, less than sixteen | 139 |
feet in length, that is propelled by machinery and designed to be | 140 |
operated by an individual sitting, standing, or kneeling on the | 141 |
vessel rather than by an individual sitting or standing inside the | 142 |
vessel. | 143 |
(26) "No wake" has the same meaning as "idle speed." | 144 |
(27) "Watercraft dealer" means any person who is regularly | 145 |
engaged in the business of manufacturing, selling, displaying, | 146 |
offering for sale, or dealing in vessels at an established place | 147 |
of business. "Watercraft dealer" does not include a person who is | 148 |
a marine salvage dealer or any other person who dismantles, | 149 |
salvages, or rebuilds vessels using used parts. | 150 |
(28) "Electronic" includes electrical, digital, magnetic, | 151 |
optical, electromagnetic, or any other form of technology that | 152 |
entails capabilities similar to these technologies. | 153 |
(29) "Electronic record" means a record generated, | 154 |
communicated, received, or stored by electronic means for use in | 155 |
an information system or for transmission from one information | 156 |
system to another. | 157 |
(30) "Electronic signature" means a signature in electronic | 158 |
form attached to or logically associated with an electronic | 159 |
record. | 160 |
(C) Unless otherwise provided, this chapter applies to all | 161 |
vessels operating on the waters in this state. Nothing in this | 162 |
chapter shall be construed in contravention of any valid federal | 163 |
act or regulation, but is in addition to the act or regulation | 164 |
where not inconsistent. | 165 |
The state reserves to itself the exclusive right to regulate | 166 |
the minimum equipment requirements of watercraft and vessels | 167 |
operated on the waters in this state. | 168 |
Sec. 1547.53. Every watercraft operated on the waters in | 169 |
this state shall be numbered by this state in accordance with | 170 |
federal law or a federally approved numbering system of another | 171 |
state. A watercraft numbered by this state shall display the | 172 |
number on the watercraft as provided in section 1547.57 of the | 173 |
Revised Code. Watercraft exempt from numbering by the state are: | 174 |
(A) Those currently documented by the United States coast | 175 |
guard or its successor; | 176 |
(B) Those whose principal use is not on the waters in this | 177 |
state and that have not been used within this state for more than | 178 |
sixty days and have a valid number assigned under a federally | 179 |
approved numbering system by another state if the number is | 180 |
displayed in accordance with the requirements of that system and | 181 |
the certificate of number is available for inspection whenever the | 182 |
watercraft is on waters in this state; | 183 |
(C) Those from a country other than the United States, | 184 |
temporarily using the waters in this state; | 185 |
(D) Those whose owner is the United States, a state, or a | 186 |
political subdivision of a state | 187 |
following descriptions, and that are clearly identifiable as such: | 188 |
(1) A powercraft that principally is used for governmental | 189 |
purposes other than recreational purposes; | 190 |
(2) A watercraft other than a powercraft. | 191 |
(E) A ship's lifeboat. As used in this division, "lifeboat" | 192 |
means a watercraft that is held aboard another vessel and used | 193 |
exclusively for emergency purposes. | 194 |
(F) Those that have been exempted from numbering by the | 195 |
chief of the division of watercraft after the chief has found that | 196 |
the numbering of the watercraft will not materially aid in their | 197 |
identification and, if an agency of the United States has a | 198 |
numbering system applicable to the watercraft, after the chief has | 199 |
further found that they also would be exempt from numbering by the | 200 |
United States government if they were subject to the federal law; | 201 |
(G) Those temporarily using the waters in this state under a | 202 |
waiver issued by the chief to an organization sponsoring a race, | 203 |
regatta, or special event. The chief may issue a waiver upon | 204 |
application by the sponsoring organization at least fifteen days | 205 |
before the date of the proposed race, regatta, or special event. | 206 |
The waiver shall be effective for ten days including the day or | 207 |
days of the proposed race, regatta, or special event. Such a | 208 |
waiver does not obviate the need for compliance with section | 209 |
1547.20 of the Revised Code. | 210 |
(H) Canoes, rowboats, and inflatable watercraft that are | 211 |
registered under section 1547.54 of the Revised Code and that an | 212 |
owner, in accordance with this division, chooses not to have | 213 |
numbered under this section. An owner of a canoe, rowboat, or | 214 |
inflatable watercraft may choose to do either of the following: | 215 |
(1) Have it numbered under this section, pay a lesser | 216 |
registration fee under division (A)(2)(a) of section 1547.54 of | 217 |
the Revised Code, and obtain square tags under division (A) of | 218 |
section 1547.57 of the Revised Code; | 219 |
(2) Not have it numbered under this section, pay a higher | 220 |
registration fee under division (A)(2)(b) of section 1547.54 of | 221 |
the Revised Code, and obtain a rectangular tag under division (C) | 222 |
of section 1547.57 of the Revised Code. | 223 |
Sec. 1547.531. (A)(1) Except as provided in division (A)(2) | 224 |
or (B) of this section, no person shall operate or give permission | 225 |
for the operation of any watercraft on the waters in this state | 226 |
unless the watercraft is registered in the name of the current | 227 |
owner in accordance with section 1547.54 of the Revised Code, and | 228 |
the registration is valid and in effect. | 229 |
(2) On and after January 1, 1999, if a watercraft that is | 230 |
required to be issued a certificate of title under Chapter 1548. | 231 |
of the Revised Code is transferred to a new owner, it need not be | 232 |
registered under section 1547.54 of the Revised Code for | 233 |
forty-five days following the date of the transfer, provided that | 234 |
the new owner purchases a temporary watercraft registration under | 235 |
division (A) of this section or holds a bill of sale from a | 236 |
watercraft dealer. | 237 |
For the purposes of division (A)(2) of this section, a | 238 |
temporary watercraft registration or a bill of sale from a | 239 |
watercraft dealer shall contain at least all of the following | 240 |
information: | 241 |
(a) The hull identification number or serial number of the | 242 |
watercraft; | 243 |
(b) The make of the watercraft; | 244 |
(c) The length of the watercraft; | 245 |
(d) The type of propulsion, if any; | 246 |
(e) The state in which the watercraft principally is | 247 |
operated; | 248 |
(f) The name of the owner; | 249 |
(g) The address of the owner, including the zip code; | 250 |
(h) The signature of the owner; | 251 |
(i) The date of purchase; | 252 |
(j) A notice to the owner that the temporary watercraft | 253 |
registration expires forty-five days after the date of purchase of | 254 |
the watercraft or that the watercraft cannot be operated on the | 255 |
waters in this state solely under the bill of sale beginning | 256 |
forty-five days after the date of purchase of the watercraft, as | 257 |
applicable. | 258 |
(3) A person may purchase a temporary watercraft | 259 |
registration from the chief of the division of watercraft or from | 260 |
an authorized agent designated under section 1547.54 of the | 261 |
Revised Code. The chief shall furnish forms for temporary | 262 |
watercraft registrations to authorized agents. In addition to | 263 |
completing the registration form with the information specified in | 264 |
divisions (A)(2)(a) to (i) of this section, the person shall pay | 265 |
one of the applicable fees required under divisions (A)(2)(a) to | 266 |
267 | |
section. | 268 |
Moneys received for the payment of temporary watercraft | 269 |
registrations shall be deposited to the credit of the waterways | 270 |
safety fund created in section 1547.75 of the Revised Code. | 271 |
(4) In addition to the applicable fee required under | 272 |
division (A)(3) of this section, the chief or an authorized agent | 273 |
shall charge an additional fee of three dollars for a temporary | 274 |
watercraft registration that the chief or the authorized agent | 275 |
issues. When the temporary watercraft registration is issued by | 276 |
an authorized agent, the agent may retain the additional fee. When | 277 |
the temporary watercraft registration is issued by the chief, the | 278 |
additional fee shall be deposited to the credit of the waterways | 279 |
safety fund. | 280 |
(5) A person who purchases a temporary watercraft | 281 |
registration for a watercraft and who subsequently applies for a | 282 |
registration certificate under section 1547.54 of the Revised Code | 283 |
need not pay the fee required under division (A)(2) of that | 284 |
section for the initial registration certificate issued for that | 285 |
watercraft, provided that at the time of application for the | 286 |
registration certificate, the person furnishes proof of payment | 287 |
for the temporary watercraft registration. | 288 |
(6) A person who purchases a temporary watercraft | 289 |
registration, who subsequently applies for a registration | 290 |
certificate under section 1547.54 of the Revised Code, and who is | 291 |
exempt from payment for the registration certificate under | 292 |
division (O) of that section may apply to the chief for a refund | 293 |
of the amount paid for the temporary watercraft registration at | 294 |
the time that the person applies for a registration certificate. | 295 |
The chief shall refund that amount upon issuance to the person of | 296 |
a registration certificate. | 297 |
(7) All records of the division of watercraft made or | 298 |
maintained for the purposes of divisions (A)(2) to (8) of this | 299 |
section are public records. The records shall be available for | 300 |
inspection at reasonable hours and in a manner that is compatible | 301 |
with normal operations of the division. | 302 |
(8) Pursuant to division (A)(1) of section 1547.52 of the | 303 |
Revised Code, the chief may adopt rules establishing all of the | 304 |
following: | 305 |
(a) Record-keeping requirements governing the issuance of | 306 |
temporary watercraft registrations and the use of bills of sale | 307 |
from watercraft dealers for the purposes of division (A)(2) of | 308 |
this section; | 309 |
(b) Procedures and requirements for the refund of fees under | 310 |
division (A)(6) of this section; | 311 |
(c) Any other procedures and requirements necessary for the | 312 |
administration and enforcement of divisions (A)(2) to (8) of this | 313 |
section. | 314 |
(B) All of the following watercraft are exempt from | 315 |
registration: | 316 |
(1) Those that are exempt from numbering by the state under | 317 |
divisions (B) to (G) of section 1547.53 of the Revised Code; | 318 |
(2) Those that have been issued a commercial documentation | 319 |
by the United States coast guard or its successor and are used | 320 |
exclusively for commercial purposes; | 321 |
(3) Those that have been documented by the United States | 322 |
coast guard or its successor as temporarily transitting, whose | 323 |
principal use is not on the waters in this state, and that have | 324 |
not been used within this state for more than sixty days. | 325 |
(C) No person shall operate a watercraft documented by the | 326 |
United States coast guard or its successor unless the certificate | 327 |
of documentation is valid, is on the watercraft for which it has | 328 |
been issued, and is available for inspection whenever the | 329 |
watercraft is in operation. In accordance with 46 C.F.R. part 67, | 330 |
as amended, the watercraft shall display the official number, the | 331 |
vessel name, and the home port listed on the certificate of | 332 |
documentation. | 333 |
(D)(1) For the purposes of this section and section 1547.53 | 334 |
of the Revised Code, a watercraft is principally using the waters | 335 |
in this state if any of the following applies: | 336 |
(a) The owner resides in this state and declares that the | 337 |
watercraft principally is using the waters in this state | 338 |
(b) The owner resides in another state, but declares that | 339 |
the watercraft principally is using the waters in this state | 340 |
(c) The watercraft is registered in another state or | 341 |
documented by the United States coast guard and is used within | 342 |
this state for more than sixty days regardless of whether it has | 343 |
been assigned a seasonal or permanent mooring at any public or | 344 |
private docking facility in this state. | 345 |
(2) Notwithstanding division (D)(1)(c) of this section, a | 346 |
person on active duty in the armed forces of the United States may | 347 |
register a watercraft in the person's state of permanent residence | 348 |
in lieu of registering it in this state regardless of the number | 349 |
of days that the watercraft is used in this state. | 350 |
Sec. 1547.54. (A)(1)
| 351 |
section 1547.542 of the Revised Code, the owner of every | 352 |
watercraft requiring registration under this chapter shall file an | 353 |
application for a triennial registration certificate with the | 354 |
chief of the division of watercraft on forms that shall be | 355 |
provided by the chief or by an electronic means approved by the | 356 |
chief. The application shall be signed by the following: | 357 |
(a) If the watercraft is owned by two persons under joint | 358 |
ownership with right of survivorship established under section | 359 |
2106.17 of the Revised Code, by both of those persons as owners of | 360 |
the watercraft. The signatures may be done by electronic | 361 |
signature if the owners themselves are renewing the registration | 362 |
and there are no changes in the registration information since the | 363 |
issuance of the immediately preceding registration certificate. In | 364 |
all other instances, the signatures
| 365 |
(b) If the watercraft is owned by a minor, by the minor and | 366 |
a parent or legal guardian. The signatures may be done by | 367 |
electronic signature if the parent or legal guardian and the minor | 368 |
themselves are renewing the registration and there are no changes | 369 |
in the registration information since the issuance of the | 370 |
immediately preceding registration certificate. In all other | 371 |
instances, the signatures
| 372 |
(c) In all other cases, by the owner of the watercraft. The | 373 |
signature may be done by electronic signature if the owner
| 374 |
375 | |
changes in the registration information since the issuance of the | 376 |
immediately preceding registration certificate. In all other | 377 |
instances, the signatures
| 378 |
(2) An application for a triennial registration of a | 379 |
watercraft filed under division (A)(1) of this section shall be | 380 |
accompanied by the following fee: | 381 |
(a) For canoes,
| 382 |
that are numbered under section 1547.53 of the Revised Code, | 383 |
twelve dollars; | 384 |
(b) For canoes, row boats, and inflatable watercraft that are | 385 |
not numbered under section 1547.53 of the Revised Code, seventeen | 386 |
dollars; | 387 |
(c) For class A watercraft, including motorized canoes, | 388 |
thirty dollars; | 389 |
| 390 |
| 391 |
| 392 |
| 393 |
(3) For the purpose of registration, any watercraft operated | 394 |
by means of power, sail, or any other mechanical or electrical | 395 |
means of propulsion, except motorized canoes, shall be registered | 396 |
by length as prescribed in this section. | 397 |
(4) If an application for registration is filed by two | 398 |
persons as owners under division (A)(1)(a) of this section, the | 399 |
person who is listed first on the title shall serve as and perform | 400 |
the duties of the "owner" and shall be considered the person "in | 401 |
whose name the watercraft is registered" for purposes of divisions | 402 |
(B) to (Q) of this section and for purposes of all other sections | 403 |
in this chapter. | 404 |
(B) All registration certificates issued under this section | 405 |
are valid for three years and are renewable on a triennial basis | 406 |
unless sooner terminated or discontinued in accordance with this | 407 |
chapter. The renewal date shall be printed on the registration | 408 |
certificate. A registration certificate may be renewed by the | 409 |
owner in the manner prescribed by the chief. All fees shall be | 410 |
charged according to a proration of the time remaining in the | 411 |
registration cycle to the nearest year. | 412 |
(C) In addition to the fees set forth in this section, the | 413 |
chief, or any authorized agent, shall charge an additional fee of | 414 |
three dollars for any registration certificate the chief or | 415 |
authorized agent issues. When the registration certificate is | 416 |
issued by an authorized agent, the additional fee of three dollars | 417 |
shall be retained by the issuing agent. When the registration | 418 |
certificate is issued by the chief, the additional fee of three | 419 |
dollars shall be deposited to the credit of the waterways safety | 420 |
fund established in section 1547.75 of the Revised Code. | 421 |
(D)(1) Upon receipt of the application in approved form, the | 422 |
chief shall enter the same upon the records of the office of the | 423 |
division, assign a number to the watercraft if a number is | 424 |
required under section 1547.53 of the Revised Code, and issue to | 425 |
the applicant a registration certificate. If a number is assigned | 426 |
by the chief, it shall be set forth on the certificate. The | 427 |
registration certificate shall be on the watercraft for which it | 428 |
is issued and available at all times for inspection whenever the | 429 |
watercraft is in operation, except that livery operators may | 430 |
retain the registration certificate at the livery where it shall | 431 |
remain available for inspection at all times and except as | 432 |
otherwise provided in division (D)(2) of this section. | 433 |
(2) A person who is operating on the waters of this state a | 434 |
canoe, rowboat, or inflatable watercraft that has not been | 435 |
numbered under section 1547.53 of the Revised Code and who is | 436 |
stopped by a law enforcement officer in the enforcement of this | 437 |
chapter or rules adopted under it shall present to the officer, | 438 |
not later than seventy-two hours after being stopped, a | 439 |
registration certificate. The registration certificate shall have | 440 |
been obtained under this section for the canoe, rowboat, or | 441 |
inflatable watercraft prior to the time that it was stopped. | 442 |
Failure of the person to present the registration certificate | 443 |
within seventy-two hours constitutes prima-facie evidence of a | 444 |
violation of this section. | 445 |
(E) No person shall issue or be issued a registration | 446 |
certificate for a watercraft that is required to be issued a | 447 |
certificate of title under Chapter 1548. of the Revised Code | 448 |
except upon presentation of a certificate of title for the | 449 |
watercraft as provided in that chapter, proof of current | 450 |
documentation by the United States coast guard, a renewal | 451 |
registration form provided by the division of watercraft, or a | 452 |
certificate of registration issued under this section that has | 453 |
expired if there is no change in the ownership or description of | 454 |
the watercraft. | 455 |
(F) Whenever the ownership of a watercraft changes, a new | 456 |
application form together with the prescribed fee shall be filed | 457 |
with the chief or the chief's agent and a new registration | 458 |
certificate shall be issued. The application shall be signed | 459 |
manually by the person or persons specified in division (A)(1)(a) | 460 |
to (c) of this section and shall be accompanied by a two-dollar | 461 |
transfer fee. Any remaining time on the registration shall be | 462 |
transferred. An authorized agent of the chief shall charge an | 463 |
additional fee of three dollars, which shall be retained by the | 464 |
issuing agent. If the certificate is issued by the chief, an | 465 |
additional fee of three dollars for each certificate issued shall | 466 |
be collected. | 467 |
(G) If an agency of the United States has in force an | 468 |
overall system of identification numbering for watercraft or | 469 |
certain types of watercraft within the United States, the | 470 |
numbering system employed by the division shall be in conformity | 471 |
with that system. | 472 |
(H) The chief may assign any registration certificates to | 473 |
any authorized agent for the assignment thereof. If a person | 474 |
accepts that authorization, the person may be assigned a block of | 475 |
numbers and certificates therefor that upon assignment, in | 476 |
conformity with this chapter and Chapter 1548. of the Revised Code | 477 |
and with rules of the division, shall be valid as if assigned | 478 |
directly by the division. Any person so designated as an agent by | 479 |
the chief shall post with the division security as may be required | 480 |
by the director of natural resources. The chief may issue an | 481 |
order temporarily or permanently restricting or suspending an | 482 |
agent's authorization without a hearing if the chief finds that | 483 |
the agent has violated this chapter or Chapter 1548. of the | 484 |
Revised Code, rules adopted under them, or any agreements | 485 |
prescribed by the chief. | 486 |
(I) All records of the division made or kept pursuant to | 487 |
this section shall be public records. Those records shall be | 488 |
available for inspection at reasonable hours and in a manner | 489 |
compatible with normal operations of the division. | 490 |
(J) The owner shall furnish the division notice within | 491 |
fifteen days of the following: | 492 |
(1) The transfer, other than through the creation of a | 493 |
security interest in any watercraft, of all or any part of the | 494 |
owner's interest or, if the watercraft is owned by two persons | 495 |
under joint ownership with right of survivorship established under | 496 |
section 2106.17 of the Revised Code, of all or any part of the | 497 |
joint interest of either of the two persons. The transfer shall | 498 |
not terminate the registration certificate. | 499 |
(2) Any change in the address appearing on the certificate | 500 |
and, as a part of the notification, shall furnish the chief with | 501 |
the owner's new address; | 502 |
(3) The destruction or abandonment of the watercraft. | 503 |
(K) The chief may issue duplicate registration certificates | 504 |
or duplicate tags to owners of currently registered watercraft, | 505 |
the fee for which shall be four dollars. | 506 |
(L) If the chief finds that a registration certificate | 507 |
previously issued to an owner is in error to a degree that would | 508 |
impair its basic purpose and use, the chief may issue a corrected | 509 |
certificate to the owner without charge. | 510 |
(M) No authorized agent shall issue and no person shall | 511 |
receive or accept from an authorized agent a registration | 512 |
certificate assigned to the authorized agent under division (H) of | 513 |
this section unless the exact month, day, and year of issue are | 514 |
plainly written thereon by the agent. Certificates issued with | 515 |
incorrect dates of issue are void from the time they are issued. | 516 |
(N) The chief, in accordance with Chapter 119. of the | 517 |
Revised Code, shall adopt rules governing the renewal of | 518 |
watercraft registrations by electronic means. | 519 |
(O) As used in this section: | 520 |
(1) "Disabled veteran" means a person who is included in | 521 |
either of the following categories: | 522 |
(a) Because of a service-connected disability, has been or | 523 |
is awarded funds for the purchase of a motor vehicle under the | 524 |
"Disabled Veterans' and Servicemen's Automobile Assistance Act of | 525 |
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; | 526 |
(b) Has a service-connected disability rated at one hundred | 527 |
per cent by the veterans administration. | 528 |
(2) "Prisoner of war" means any regularly appointed, | 529 |
enrolled, enlisted, or inducted member of the military forces of | 530 |
the United States who was captured, separated, and incarcerated by | 531 |
an enemy of the United States at any time, and any regularly | 532 |
appointed, enrolled, or enlisted member of the military forces of | 533 |
Great Britain, France, Australia, Belgium, Brazil, Canada, China, | 534 |
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland, | 535 |
South Africa, or the republics formerly associated with the Union | 536 |
of Soviet Socialist Republics or Yugoslavia who was a citizen of | 537 |
the United States at the time of the appointment, enrollment, or | 538 |
enlistment, and was captured, separated, and incarcerated by an | 539 |
enemy of this country during World War II. | 540 |
(P) Any disabled veteran, congressional medal of honor | 541 |
awardee, or prisoner of war may apply to the chief for a | 542 |
certificate of registration, or for a renewal of the certificate | 543 |
of registration, without the payment of any fee required by this | 544 |
section. The application for a certificate of registration shall | 545 |
be accompanied by evidence of disability or by documentary | 546 |
evidence in support of a congressional medal of honor that the | 547 |
chief requires by rule. The application for a certificate of | 548 |
registration by any person who has been a prisoner of war shall be | 549 |
accompanied by written evidence in the form of a record of | 550 |
separation, a letter from one of the armed forces of a country | 551 |
listed in division (O)(2) of this section, or other evidence that | 552 |
the chief may require by rule, that the person was honorably | 553 |
discharged or is currently residing in this state on active duty | 554 |
with one of the branches of the armed forces of the United States, | 555 |
or was a prisoner of war and was honorably discharged or received | 556 |
an equivalent discharge or release from one of the armed forces of | 557 |
a country listed in division (O)(2) of this section. | 558 |
(Q) Annually by the fifteenth day of January, the director | 559 |
of natural resources shall determine the amount of fees that would | 560 |
have been collected in the prior calendar year for each | 561 |
certificate of registration issued or renewed pursuant to division | 562 |
(P) of this section and shall certify the total amount of foregone | 563 |
revenue to the director of budget and management for | 564 |
reimbursement. The director of budget and management shall | 565 |
transfer the amount certified from the general revenue fund to the | 566 |
waterways safety fund created pursuant to section 1547.75 of the | 567 |
Revised Code. | 568 |
Sec. 1547.542. Any person or organization owning any number | 569 |
of canoes,
| 570 |
for the purpose of rental to the public may apply with the chief | 571 |
of the division of watercraft for and receive an annual | 572 |
certificate of livery registration. No watercraft shall be rented | 573 |
to the public from a livery or other place of business in this | 574 |
state unless it first has been numbered and registered in | 575 |
accordance with this section or section 1547.54 of the Revised | 576 |
Code. Certificates of livery registration shall be issued by an | 577 |
authorized agent who is selected by the chief from among those | 578 |
designated under section 1547.54 of the Revised Code. The | 579 |
certificate shall display the name of the owner of the livery, the | 580 |
date of issuance, the date of expiration, the number of watercraft | 581 |
registered, the fee paid, an authorized facsimile of the signature | 582 |
of the chief provided by the authorized agent who is selected to | 583 |
issue the certificate, and the signature of the livery owner. The | 584 |
certificate shall bear the livery watercraft registration number | 585 |
assigned to the livery owner, which shall be displayed in | 586 |
accordance with section 1547.57 of the Revised Code on each | 587 |
watercraft in the fleet for which the certificate was issued. The | 588 |
owner of a livery shall obtain an amended certificate of livery | 589 |
registration from the chief whenever the composition of the fleet | 590 |
changes. | 591 |
The fee for each watercraft registered under this section | 592 |
shall be
| 593 |
shall be one-third of the triennial registration fees prescribed | 594 |
in section 1547.54 of the Revised Code. However, if the size of | 595 |
the fleet does not increase, the fee for an amended certificate of | 596 |
livery registration shall be the fee prescribed for issuing a | 597 |
duplicate registration certificate under section 1547.54 of the | 598 |
Revised Code, and the chief shall not refund to the livery owner | 599 |
all or any portion of an annual registration fee applicable to a | 600 |
watercraft transferred or abandoned by the livery owner. If the | 601 |
size of the fleet increases, the livery owner shall be required to | 602 |
pay the applicable annual registration fee for each watercraft | 603 |
registered under an amended certificate of livery registration | 604 |
that is in excess of the number of watercraft contained in the | 605 |
annual certificate of livery registration. | 606 |
The certificate of livery registration, rental receipts, and | 607 |
required safety equipment are subject to inspection at any time at | 608 |
the livery's place of business by any authorized representative of | 609 |
the division of watercraft or any law enforcement officer in | 610 |
accordance with section 1547.63 of the Revised Code. | 611 |
Except as provided in this section, all watercraft registered | 612 |
under this section are subject to this chapter and Chapter 1548. | 613 |
of the Revised Code. | 614 |
The chief may issue an order temporarily or permanently | 615 |
restricting or suspending a livery certificate of registration and | 616 |
the privileges associated with it without a hearing if the chief | 617 |
finds that the holder of the certificate has violated this | 618 |
chapter. | 619 |
Sec. 1547.57. | 620 |
division (C) of this section, when the chief of the division of | 621 |
watercraft issues a registration certificate under section 1547.54 | 622 |
of the Revised Code, the chief also shall issue to the applicant | 623 |
two tags not larger than three inches square, color coded, | 624 |
indicating the expiration date of the certificate. The owner of | 625 |
watercraft currently documented by the United States coast guard | 626 |
and for which a registration certificate is issued shall securely | 627 |
affix one tag to the watercraft's port side and the other tag to | 628 |
the starboard side so that the tags are clearly visible under | 629 |
normal operating conditions. The tags shall be removed from the | 630 |
watercraft when they become invalid. The owner of any other | 631 |
watercraft for which a registration certificate is issued shall | 632 |
securely affix one tag to the watercraft's port side, six inches | 633 |
toward the stern from the identification number, and the other tag | 634 |
to the starboard side, six inches toward the stern from the | 635 |
identification number. The tags shall be securely affixed to the | 636 |
watercraft prior to its operation, but shall be removed from the | 637 |
watercraft when they become invalid. A person may operate without | 638 |
a registration certificate issued under section 1547.54 of the | 639 |
Revised Code, for a period not to exceed forty-five days, any | 640 |
watercraft required to be titled on the waters in this state if | 641 |
the person is in compliance with section 1547.531 of the Revised | 642 |
Code. | 643 |
(B) The owner of every watercraft requiring numbering by | 644 |
this state shall attach to each side of the bow of the watercraft | 645 |
the permanent identification number in such manner as may be | 646 |
prescribed by applicable federal standards in order that it shall | 647 |
be clearly visible. The number shall be maintained in a legible | 648 |
condition at all times. No number other than the number assigned | 649 |
to a watercraft or granted by reciprocity pursuant to this chapter | 650 |
shall be painted, attached, or otherwise displayed on either side | 651 |
of the bow of the watercraft. | 652 |
(C) When the chief issues a registration certificate under | 653 |
section 1547.54 of the Revised Code for a canoe, rowboat, or | 654 |
inflatable watercraft that has not been numbered under section | 655 |
1547.53 of the Revised Code, the chief also shall issue to the | 656 |
applicant a tag not larger than three inches by six inches, with | 657 |
distinguishing color coding and a number for identification | 658 |
purposes. The owner of the canoe, rowboat, or inflatable | 659 |
watercraft for which the registration certificate is issued shall | 660 |
affix the tag securely to a location on the canoe, rowboat, or | 661 |
inflatable watercraft as prescribed by rules adopted by the chief | 662 |
under section 1547.52 of the Revised Code. | 663 |
(D) No person shall operate or permit to be operated any | 664 |
watercraft on the waters in this state in violation of this | 665 |
section. | 666 |
Section 2. That existing sections 1547.01, 1547.53, 1547.531, | 667 |
1547.54, 1547.542, and 1547.57 of the Revised Code are hereby | 668 |
repealed. | 669 |