Department
of Safety
PART Saf-C 2301 DEFINITIONS
Saf-C 2301.01 "Antique vessel" means a vessel
that is at least 50 years old.
Source. #5283, eff 11-22-91; ss by #5477, eff
9-23-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2301.02 "Backing plate" means a flat
surface on which vessel numbers are attached and is removable from a vessel.
Source. #8617,
eff 4-28-06
Saf-C 2301.03 "Boat" means "boat" as
defined in RSA 270-D:1, I.
Source. #8617,
eff 4-28-06
Saf-C 2301.04 "Classic vessel" means a vessel
that is at least 25 years old.
Source. #8617,
eff 4-28-06
Saf-C 2301.05 "Commercial vessel" means
"commercial vessel" as defined in RSA 270-E:2, II.
Source. #8617,
eff 4-28-06
Saf-C 2301.06
"Commissioner" means “commissioner” as defined in RSA 270-E:2, III.
Source. #8617,
eff 4-28-06
Saf-C 2301.07 "Decal" means a 3 inch square sticker
placed on a vessel which indicates that the vessel has been registered.
Source. #8617,
eff 4-28-06
Saf-C 2301.08 "Department" means “department” as
defined in RSA 270-E:2, V.
Source. #8617,
eff 4-28-06
Saf-C 2301.09 “Director” means
“director” as defined in RSA 270-D:1, IV.
Source. #8617,
eff 4-28-06
Saf-C 2301.10 "Fixture" means an item, such as a
sink, shower or toilet, that, once attached to or installed in a vessel,
becomes a physical part of the vessel.
Source. #8617,
eff 4-28-06
Saf-C 2301.11 "General distinguishing number"
means a vessel number issued by the department to a manufacturer, dealer or repair
person.
Source. #8617,
eff 4-28-06
Saf-C 2301.12 “Legal address" means specification of
the location where a manufacturer, dealer, repairperson or applicant is
physically located. The term does not include addresses consisting solely of a
post office box number.
Source. #8617,
eff 4-28-06
Saf-C 2301.13 "Mailing address" means
specification of the location where a manufacturer, dealer or applicant receives
properly addressed mail via the
Source. #8617,
eff 4-28-06
Saf-C 2301.14 "Manufacturer or dealer" means
"manufacturer or dealer" as defined in RSA 270-E:2,VII.
Source. #8617,
eff 4-28-06
Saf-C 2301.15 "Owner" means a person who claims
lawful possession of a vessel through an equitable interest which entitles
him/her to have possession.
Source. #8617,
eff 4-28-06
Saf-C 2301.16 "Private vessel" means
"private vessel" as defined in RSA 270-E:2, X.
Source. #8617, eff 4-28-06
Saf-C 2301.17 "Repair person" means a person who
engages in the business of maintaining or repairing vessels.
Source. #8617,
eff 4-28-06
Saf-C 2301.18 "Substation" means a satellite
facility operated by the department for the purpose of registering motor
vehicles and boats.
Source. #8617,
eff 4-28-06
Saf-C 2301.19 "Vessel" means "vessel"
as defined in RSA 270-E:2, XII.
Source. #8617,
eff 4-28-06
Saf-C 2301.20 "Vessel
agent" means a person acting as an agent of the department for the purpose
of processing registration applications pursuant to RSA 270-E:3, III.
Source. #8617,
eff 4-28-06
Saf-C 2301.21 “Vessel number”
means a distinguishing number assigned by the department to a vessel as part of
the registration process. The term includes “bow number”.
Source. #8617,
eff 4-28-06
Saf-C 2301.22 “Vessel
registration certificate” means, for purposes of this chapter, a certificate of
number pursuant to RSA 270-E:12, III.
Source. #8617,
eff 4-28-06
PART Saf-C 2302 VESSEL REGISTRATION APPLICATIONS
Saf-C 2302.01 Registration, When Required. Unless
exempt pursuant to RSA 270-E:4, all vessels shall be registered in order to
operate on any waters of the state.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2302.02 Application Form, Where Available.
(a) The department shall furnish application
forms for vessel registrations at the following
locations:
(1) The Division of Motor Vehicles,
Drive,
(2) The Division of Safety Services, Bureau of Marine
Patrol,
(3) Any substation; and
(4) Any vessel agent’s place of business.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97; ss by #6616, eff 10-25-97; ss by #6616, eff 10-25-97, EXPIRED:
10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2302.03 Application, Data Required.
(a) Each applicant for a private or commercial vessel
registration shall furnish the following on form DSMV 157A:
(1) Existing bow number, if any;
(2) Vessel’s year of manufacture;
(3) Vessel’s make;
(4) Vessel’s color;
(5) Length of vessel from the bow to the stern,
in feet and inches;
(6) Principal state in which the vessel is used;
(7) Principal material from which the hull is
constructed, such as fiberglass, wood or aluminum;
(8) Type of propulsion, such as outboard,
inboard, electric or sail;
(9) Type of fuel used for propulsion, such as
gasoline, diesel or electric;
(10) Manufacturer's hull identification number;
(11) Whether the vessel has single or twin
engines;
(12) Whether the vessel is used on inland waters
or tidal waters;
(13) Maximum person capacity, as recommended by
the manufacturer;
(14) Signed commercial affidavit issued by the
department stating that the vessel is used exclusively for commercial fishing,
if applicable;
(15) Whether the vessel has toilet, sink or shower
facilities;
(16) Total available horsepower;
(17) Owner’s name, address and date of birth;
(18) Vessel’s primary use;
(19) Statement that all information provided is
under penalty of unsworn falsification; and
(20) Signature of owner, or if a company, signature
and title of authorized agent.
(b) Each private vessel registration application
form shall be submitted, in person, to one of the locations set forth in Saf-C
2302.02(a), or by mail, to the division of motor vehicles, as set forth in
Saf-C 2302.02(a)(1).
(c) Each commercial vessel
registration application form shall be submitted, in person or by mail, to the
division of motor vehicles, as set forth in Saf-C 2302.02(a)(1).
(d) Each applicant for registration of a vessel
shall provide proof of ownership of the vessel to the department.
(e) For the purposes of (a)(4) above, a
multicolored vessel shall list the predominate color first on the application
and lesser colors next.
(f) For the purposes of (a)(10) above, in the
event the vessel does not have a hull identification number, the owner shall
request the division of motor vehicles, as set forth in Saf-C 2302(a)(1), to
have a number assigned.
(g) In addition to the information required in
(a) above, the back of form DSMV 157A shall state that the boat described, if
equipped with temporary or permanent sleeping facilities and if moored in this
state, must be equipped so as to preclude the discharge of sewage or wastewater
to the waters of the state, in compliance with RSA 485-A:13 and RSA 487:2.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2302.04 Fees.
(a) Pursuant to RSA 270-E:5, each applicant shall
pay the appropriate registration fee along with the registration application
set forth in Saf-C 2302.03.
(b) Pursuant to RSA 72-A:3, I, each applicant
shall pay the appropriate boat fee either prior to or at the time of registration.
(c) Pursuant to RSA 270-E:6, vessels which are
exempt from fees shall be registered in accordance with the provisions of Saf-C
2302.03.
(d) Pursuant to 270-E:3,
IV, each application for registration of a vessel subject to a boat fee,
pursuant to RSA 72-A:2, shall be accompanied by the fee required by RSA 72-A:2,
or a receipt indicating payment of the fee.
(e) All fees, except those pertaining to a
commercial vessel registration, shall be paid at one of the locations set forth
in Saf-C 2302.02(a).
(f) All fees pertaining to a commercial vessel
registration shall be paid at the division of motor vehicles, as set forth in
Saf-C 2302.02(a)(1).
Source. #5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2302.05 Issuance of Vessel Registration
Certificate.
(a) Upon completion of the procedures set forth
in Saf-C 2302.03 and Saf-C 2302.04, the department shall assign the owner a
vessel registration certificate on which the vessel number is printed, along
with a decal.
(b) In addition to (a) above, vessels with a
manufacturer’s specification of a 3 or more person capacity which use inboard
motors powering a water jet pump as its primary source of motor power and which
are designed to be operated by a person sitting, standing, or kneeling or being
towed behind the vessel, rather than by a person sitting or standing inside of
the vessel, shall be issued an access decal.
(c) Any request for an access decal pursuant to
(b) above shall be submitted, in writing, to the division of motor vehicles, as
set forth in Saf-C 2302.02(a)(1), along with a copy of the valid vessel
registration certificate of the vessel.
(d) An access decal issued pursuant to (b) above
shall indicate that the vessel is not classified as a ski craft as defined in
RSA 270:73, V.
Source. #5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2302.06)
Saf-C 2302.06 Non-Issuance of Vessel Registration
Certificate.
(a) A vessel registration certificate shall not
be issued if:
(1) The vessel registration application pursuant
to Saf-C 2302.03 contains a false or fraudulent statement;
(2) Any fees pursuant to Saf-C 2302.04 are not
paid;
(3) The owner involuntarily loses interest in the
vessel as a result of legal process; or
(4) The registration has expired pursuant to RSA
270-E:3.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2302.07 Examination of Vessel Registration
Certificate.
(a) The vessel registration certificate shall be
kept on the vessel at all times that it is operated.
(b) A person who operates a vessel shall allow
the vessel registration certificate to be examined by any person authorized
pursuant to RSA 270-E:3, II.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2302.08 Renewal of Vessel Registration
Certificate.
(a) All vessel registration certificates shall
expire annually on December 31st.
(b) In order to renew a vessel registration
certificate that has expired, each owner shall complete and submit form DSMV
157A to the department, pursuant to Saf-C 2302.02 and Saf-C 2302.03.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2302.09 Duplicate Vessel Registration Certificate.
(a) In the event a vessel registration
certificate is lost, stolen or damaged, the owner shall furnish the following
on form DSMV 106A:
(1) Owner's name, address and date of birth;
(2) Whether the vessel registration certificate
was lost, stolen or damaged;
(3) Decal number;
(4) Vessel’s year, make and style;
(5) Vessel’s color;
(6) Hull identification number;
(7) Vessel number; and
(8) Owner's s signature and date signed.
(b) Upon receipt of a completed form DSMV 106A,
the department shall issue a duplicate
vessel registration
certificate.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2303.01 Vessel Numbers; When Required. Pursuant to RSA 270-E:8, all vessels shall
display a vessel number, unless the vessel is exempt pursuant to RSA 270-E:9.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2303.02 Display
of Vessel Number.
(a) Each vessel number issued by the department
shall:
(1) Be displayed pursuant to RSA 270-E:8, II;
(2) Have spaces or hyphens that are equal to the width
of a letter other than “l” or a number other than “1” between the letter and
number groupings;
(3) Be painted on or attached to removeable
plates that are temporarily yet firmly attached to each side of the forward
half of the vessel and clearly visible at all times when the vessel is being
used by a manufacturer or dealer for purposes of testing or demonstrating; or
(4) Be painted on or attached to a backing plate
that is permanently attached to the forward half of the vessel so that the
number is clearly visible from each side of the vessel on antique vessels,
classic vessels or vessels in which the numbers would not be clearly visible on
the hull or superstructure.
Source. #5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2304.01 Decals; When Required.
(a) Pursuant to Saf-C 2302.01, all registered
vessels shall display a decal.
(b) Pursuant to RSA 270-E:6, vessels which are
exempt from registration fees shall display a decal.
(c) Pursuant to RSA 270-E:9, II, vessels which
are exempt from displaying a vessel number, but which are otherwise required to
be registered pursuant to RSA 270-E:3, shall display a decal.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2304.02 Display of Decal.
(a) Each decal issued by the department shall:
(1) Be displayed within 6 inches to the right of
the vessel number;
(2) Be clearly visible on each side of the vessel
and within 2 feet of the stem, if the vessel
is exempt from
displaying a vessel number pursuant to RSA 270-E:9, II;
(3) Be displayed within 6 inches to the right of
the vessel number or clearly visible on the port and starboard facing portion
of the windshield, if an antique or classic vessel.
(b) The decal shall be displayed only on the
vessel to which it was issued.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2304.03 Display of Access Decal. Each access decal issued in accordance with
Saf-C 2302.06(b) shall be displayed directly above the first 2 digits of the
vessel number so that it can be viewed from the side of the vessel.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2304.04 Defective Decal. In the event an owner is issued a defective
decal by the department or its agent, the owner shall return it to the
department and shall be issued a replacement decal without charge.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2304.05 Replacement Decal.
(a) In the event an original decal is lost,
stolen or damaged, the owner shall furnish the following on form DSMV 507:
(1) Owner’s name, address and date of birth;
(2) Whether or not the lost, stolen or damaged
decal was reported to the police;
(3) Vessel’s year, make and model;
(4) Decal number;
(5) Hull identification number;
(6) Vessel number; and
(7) Owner’s signature and date signed.
(b) Upon receipt of a completed form DSMV 507 and
valid vessel registration certificate, the department shall issue a replacement
decal.
Source. #8617, eff 4-28-06
Saf-C 2305.01 Notification.
(a) Pursuant to RSA 270-E:10, the owner of a
vessel shall notify the department, in writing, within 15 days of the
following:
(1) The transfer of all or any part of his/her interest
in a vessel registered pursuant to this chapter;
(2) The destruction or abandonment of a vessel;
(3) The theft or recovery of a vessel;
(4) The loss or destruction of a vessel number;
and
(5) Any change of address.
(b) An owner shall not be required to notify the
department of the creation of a security interest in a vessel.
(c) Pursuant to RSA 270-E:10, the destruction or
abandonment of a vessel shall terminate the vessel registration certificate.
(d) Pursuant to RSA 270-E:10, the transfer of an
owner’s part interest in a vessel shall not terminate the vessel registration
certificate, as long as it does not affect the owner’s right to operate the
vessel.
(e) Pursuant to RSA 270-E:10, an owner who
transfers full ownership of a vessel may, upon completion of a new application,
register another vessel for the remainder of the registration period for a fee
of $3.
(f) In addition to (e) above, upon transfer of
full ownership of a vessel for another vessel, if the registration fee of the
vessel is the same or less than that of the first vessel registered, the owner
shall pay no additional fee, but if the fee is greater, he/she shall pay the
difference.
Source. #5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
PART Saf-C 2306 VESSEL MANUFACTURERS AND DEALERS
Saf-C 2306.01 Vessel Manufacturer or Dealer Registration
Applications.
(a) Pursuant to RSA 270-E:13, a vessel
manufacturer or dealer may apply for a general distinguishing number for
his/her vessels.
(b) In order to apply for a general
distinguishing number, a manufacturer or dealer shall furnish the following to
the department:
(1) Corporate name and federal identification
number of the manufacturer's or dealer's business;
(2) Trade name and federal identification number,
if applicable;
(3) Whether the application is an original or
renewal;
(4) Legal address;
(5) Mailing address;
(6) Telephone number;
(7) Business hours;
(8) Name, address and date of birth of at least
one owner, partner or officer, and title;
(9) Whether the manufacturer or dealer:
a. Holds a franchise, and if so, the name of the
franchise;
b. Furnishes repair service;
c. Has complied with all local zoning and
regulatory requirements;
d. Agrees to notify the department of any change
of address or corporate/trade name; and
e. Is principally engaged in buying, selling, or
manufacturing new and/or used vessels;
(10) If a renewal:
a. A list of all vessel numbers issued to the
manufacturer or dealer by the department; and
b. Whether a change in ownership or location has
occurred ; and
(11) Signature of the person listed in (8) above
and date signed.
(c) A general distinguishing number shall be used
by a manufacturer or dealer pursuant to RSA 270-E:13, II.
(d) For the purposes of (b)(10)a. above, the list
shall be provided in numerical and alphabetical sequence.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2303.01)
Saf-C 2306.02 Fee.
Pursuant to RSA 270-E:5, III, each applicant shall pay the vessel
manufacturer or dealer registration fee along with the application set forth in
Saf-C 2306.01.
Source. #5283, eff 11-22-91; amd by #5477, eff
9-23-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2303.02)
Saf-C 2306.03 Issuance of Registration. Upon completion of the procedures set forth
in Saf-C 2306.01 and Saf-C 2306.02, the department shall assign a general
distinguishing number and issue a vessel manufacturer or dealer registration
certificate.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2303.03)
Saf-C 2306.04 Renewal of Vessel Manufacturer or Dealer
Registration. In order to renew a manufacturer
or dealer registration, each manufacturer or dealer shall complete the
application pursuant to Saf-C 2306.01, upon expiration of the previous
registration.
Source. #5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2303.04)
PART Saf-C 2307 REPAIRPERSONS
Saf-C 2307.01 Repairperson Registration Applications.
(a) Pursuant to RSA 270-E:16, any person who
maintains or repairs vessels may apply for a general distinguishing number for
the vessels he/she is maintaining or repairing.
(b) In order to apply for a general
distinguishing number, a repairperson shall furnish the following to the department:
(1) Corporate name and federal identification
number of the repairperson's business;
(2) Trade name and federal identification number,
if applicable;
(3) Whether the application is an original or
renewal;
(4) Legal address;
(5) Mailing address;
(6) Telephone number;
(7) Business hours;
(8) Name, address and date of birth of at least
one owner, partner or officer, and title;
(9) Whether the repairperson:
a. Is principally engaged in maintaining and
repairing vessels;
b. Has complied with all local zoning and
regulatory requirements; and
c. Agrees to notify the department of any change
of address or corporate/trade name;
(10) If a renewal:
a. A list of all vessel numbers issued to the repairperson
by the department; and
b. Whether a change in ownership or location has
occurred; and
(11) Signature of the person listed in (8) above
and date signed.
(c) A general distinguishing number shall be used
by a repairperson pursuant to RSA 270-E:16, III.
(d) For the purposes of (b)(10)a. above, the list
shall be provided in numerical and alphabetical sequence.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2304.01)
Saf-C 2307.02 Fee.
Pursuant to RSA 270-E:5, III, each applicant shall pay the repairperson
registration fee along with the application set forth in Saf-C 2307.01.
Source. #8617,
eff 4-28-06 (from Saf-C 2304.02)
Saf-C 2307.03 Issuance of Registration. Upon completion of the procedures set forth
in Saf-C 2307.01 and Saf-C 2307.02, the department shall assign a general distinguishing
number and issue a repairperson registration certificate.
Source. #8617,
eff 4-28-06 (from Saf-C 2304.03)
Saf-C 2307.04 Renewal of Repairperson Registration. In order to renew a repairperson registration,
each repairperson shall complete the application set forth in Saf-C 2307.01,
upon expiration of the previous registration.
Source. #8617,
eff 4-28-06 (from Saf-C 2304.04)
PART Saf-C 2308 VESSEL AGENTS
Saf-C 2308.01 Duties of A Vessel Agent.
(a) The duties of a vessel agent shall be to:
(1) Collect private vessel registration and boat
fees for the department;
(2) Issue private vessel registrations; and
(3) Submit weekly reports to the department and
municipality where the agent is located.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2308.02 Vessel Agent Registration Applications.
(a) Each applicant for appointment as a vessel
agent pursuant to RSA 270-E;12, XI shall furnish the following to the
department:
(1) Whether the application is an original,
renewal, or change of location;
(2) Corporate name, if the applicant is a
manufacturer, dealer or repairperson;
(3) Trade name, if applicable;
(4) Legal address;
(5) Mailing address;
(6) Telephone number;
(7) Business hours;
(8) Name, address and date of birth of at least one
owner, partner or officer, and title, if applicable;
(9) Whether the applicant has obtained an
official validation stamp, and if yes:
a. How many; and
b. The stamp numbers.
(10) Name of the person(s) who will be responsible
for filing weekly reports pursuant to Saf-C 2308.11;
(11) Whether the applicant agrees to notify the
department of any change of ownership, address or corporate/trade name; and
(12) Signature and title of the person listed in
(8) above and date signed.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2308.03 Interview.
(a) Upon submission of an application that is
incomplete or might indicate lack of fitness or qualification for appointment
as a vessel agent, the commissioner or his designee shall require an applicant
to appear for an interview.
(b) The commissioner or his designee shall inform
the applicant in writing of the interview. The written notice shall include the
date, time and location of the interview.
(c) At the interview, the commissioner or his
designee shall:
(1) Explain any discrepancy or concerns to the
applicant;
(2) Answer any questions that the applicant may
have about the process; and
(3) Allow the applicant to make corrections to
the application or address any concerns expressed.
(d) In the event an applicant refuses or neglects
to appear for a scheduled interview, the commissioner shall deny his/her
application.
(e) In the event an applicant fails to explain
any discrepancy or concerns at the interview, the commissioner shall deny
his/her application.
Source. #5283, eff 11-22-91; amd by #5379, eff
4-21-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.06)
Saf-C 2308.04 Appointment of Vessel Agent.
(a) In order to be appointed as a vessel agent by
the commissioner, each applicant shall:
(1) Complete the application set forth in Saf-C
2308.02;
(2) Complete the training requirements set forth
in Saf-C 2308.05;
(3) Obtain written acknowledgment from the city
or town clerk in the municipality where the vessel agent is located, pursuant
to Saf-C 2308.08;
(4) Complete an interview pursuant to Saf-C
2308.03, if applicable;
(5) Obtain a surety bond pursuant to Saf-C
2308.07; and
(6) Sign the vessel agent contract pursuant to
Saf-C 2308.09.
Source. #5283, eff 11-22-91; amd by #5379, eff 4-21-92;
ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.03)
Saf-C 2308.05 Training.
(a) Prior to being appointed as a vessel agent,
each applicant shall complete a training program conducted at the Division of
Motor Vehicles,
(b) The training program shall include the
following instruction:
(1) Completing a private vessel registration;
(2) Filing weekly reports pursuant to Saf-C
2308.11;
(3) Collecting private vessel registration and
boat fees;
(4) Issuing vessel registration certificates,
vessel numbers and decals;
(5) Maintaining records;
(6) Retaining the agent fee pursuant to Saf-C
2308.10; and
(7) Posting office hours pursuant to Saf-C
2308.14.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New.
#8506, INTERIM, eff 12-7-05, EXPIRES:
6-5-06; ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.04)
Saf-C 2308.06 Re-Training.
(a) In the event a vessel agent is deficient in any
area set forth in Saf-C 2308.05, the department shall require the vessel agent
to undergo re-training.
(b) Depending upon the areas of deficiency,
re-training shall consist of one or more of the following:
(1) Repeat the training program set forth in
Saf-C 2308.05;
(2) Repeat any portion of the training program;
or
(3) Undergo further training, the substance of
which shall be determined by the department.
Source. #5283, eff 11-22-91; amd by #5379, eff
4-21-92; ss by #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2308.07 Bond.
Before any appointment shall become effective, each vessel agent shall
file a surety bond with the department, pursuant to RSA 41:6 and RSA 72-A:4,
I(a).
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2308.08 Written Acknowledgement.
(a) Prior to being appointed as a vessel agent,
the applicant shall obtain written acknowledgement from the city or town clerk
in the municipality where the vessel agent is located.
(b) Written acknowledgement shall be a signed and
dated letter from the city or town clerk, on letterhead, which acknowledges
that the person is a vessel agent in the municipality.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.05)
Saf-C 2308.09 Vessel Agent Contract.
(a) Prior to being appointed as a vessel agent,
the applicant shall sign a contract.
(b) The contract shall set forth the terms and
conditions of the agency as follows:
(1) The vessel agent shall:
a. Obtain written acknowledgement from the city or
town clerk of the municipality where the vessel agent is located, pursuant to
Saf-C 2308.08;
b. Obtain a surety bond, pursuant to Saf-C
2308.07;
c. Submit weekly reports to the department and
local tax collector of the municipality where the vessel agent is located;
d. Issue decals in numerical sequence;
e. Not process any registrations other than
private vessels and to direct commercial, manufacturer, dealer and repairperson
registrations to the division of motor vehicles, as set forth in Saf-C 2302.02(a)(1);
f. Not process a registration unless the
registrant presents a hull identification number and if there is no hull
identification number assigned to the vessel, direct the person to the division
of motor vehicles, as set forth in Saf-C 2302.02(a)(1);
g. Type or print all reports in a clear and
legible manner;
h. Submit all copies of registrations to the
department;
i. Completely fill out all reports sent to the
department;
j. Give 10 working days notice to the department
of the need to order supplies;
k. Charge no more than $1.50 as an agent's fee
and $1 for collection of the boat fee pursuant to RSA 270-E:5, II(c) and RSA
72-A:4, III;
l. Issue vessel numbers in sequential order and
not issue a vessel number to any vessel that has already been assigned a
current vessel number; and
m. Follow all procedures set forth by the
department;
(2) The commissioner shall revoke a vessel
agent's authority, pursuant to RSA 270-E:12, XI, for any violation of the terms
or conditions of the contract;
(3) The vessel agent shall allow the commissioner
to enter the agent's premises during business hours for the purposes of
auditing or verifying compliance with the terms and conditions of the contract;
(4) The vessel agent's signature and date signed;
and
(5) The commissioner's or his designee’s
signature and date signed.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.07)
Saf-C 2308.10 Vessel Agent Fees.
(a) In addition to the fees set forth in Saf-C
2302.04, each vessel agent may charge the following fees:
(1) Pursuant to RSA 270-E:5, II(c) , $1.50 per
registration; and
(2) Pursuant to RSA 72-A:4, III, $1 per boat.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.08)
Saf-C 2308.11 Weekly Reports.
(a) Each vessel agent shall mail a weekly report
to the department and mail a copy to the tax collector of the municipality where
the vessel agent is located.
(b) Each vessel agent shall furnish the following
on the weekly report:
(1) Name of the city or town where the vessel
agent is located;
(2) Period the report begins and ends;
(3) Number of vessels registered;
(4) Amount of tax collected; and
(5) Vessel agent’s signature.
(c) The weekly report shall be submitted along
with:
(1) The department's copy of all registrations;
and
(2) All fees due to the department in the form of
a check or money order.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.09)
Saf-C 2308.12
Official Validation Stamps.
(a) Each vessel agent shall use only the official
validation stamps issued by the commissioner.
(b) Validation stamps shall be affixed to the
owner’s copy of the registration certificate on the top third of the
registration certificate.
(c) No vessel agent shall use a validation stamp
issued to another vessel agent.
(d) No stamps shall be issued until the vessel
agent has submitted a $25 deposit for each stamp.
(e) All stamps shall be returned to the
department upon revocation or expiration of a vessel agent’s appointment, or
upon his/her resignation.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.10)
Saf-C 2308.13 Issuance and Maintenance of Decals.
(a) Upon receipt of decals from the department,
each vessel agent shall submit form DSMV 138 verifying such receipt, if the
department does not receive an inventory sheet.
(b) Each vessel agent shall furnish the following
on form DSMV 138:
(1) Vessel agent's name and legal address;
(2) Number of decals received;
(3) Date the decals were received; and
(4) Vessel agent's signature and agent number.
(c) Each vessel agent shall maintain an inventory
list of decal numbers.
(d) Each vessel agent shall issue decals in the
numerical sequence in which they are received from the department with the
lowest numbered decal being issued first.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.11)
Saf-C 2308.14 Office Hours.
(a) For the purposes of this section, “regular
office hours” means consistently scheduled periods of time during which the
public may register vessels at the vessel agent’s office.
(b) Each vessel agent shall maintain regular
office hours.
(c) Upon being appointed as a vessel agent, each
agent shall file a statement setting forth his/her regular office hours. The
vessel agent shall promptly inform the department in writing of any change in
the regular office hours.
(d) Each vessel agent shall display a sign which
provides public notice of the vessel agent's duties, posted at or near the
place where the vessel agent conducts his/her duties.
Source. #5283, eff 11-22-91; ss by #6616, eff 10-25-97,
EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.12)
Saf-C 2308.15 Record Keeping.
(a) Each vessel agent shall maintain a record of
all vessel registration certificates issued by him/her, including:
(1) Date of registration;
(2) Last name of the registrant;
(3) Vessel number; and
(4) Decal number.
(b) All records shall be maintained for a period
of 5 years.
(c) No vessel agent shall refuse or fail to provide
the department, any auditor, or other authorized person, with any records
relating to vessel registrations. The commissioner or his designee shall take
the records in hand for inspection, as necessary to photocopy.
Source. #5283, eff 11-22-91; ss by #6616, eff
10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss and moved by #8617, eff 4-28-06 (from Saf-C 2308.13)
Saf-C 2308.16 Security. Whenever a vessel agent's office is closed or
unattended, all decals, stamps, and other registration materials shall be
placed in a locked file cabinet or other secure container.
Source. #8617, eff 4-28-06 (from Saf-C 2308.14)
Saf-C 2308.17 Revocation of Vessel Agent Authority.
(a) The commissioner shall revoke a vessel
agent’s authority, after a hearing, for failure to adhere to the contract or
for any violation of this chapter or RSA 270-E.
(b) All hearings shall be held in accordance with
the requirements of Saf-C 200.
Source. #8617, eff 4-28-06 (from Saf-C 2308.15)
PART Saf-C 2309 CHARTER SERVICE INSURANCE REQUIREMENTS
Saf-C 2309.01 Definitions.
(a) “Charter service” means a vessel engaged on
behalf of a person or group for transportation between points on the waters of
the state, either for one way or for round trip service.
(b) “Compensation” means a return in money,
property or anything of value for services rendered in transporting persons or
property by vessel on the waters of the state, whether paid, received or
realized directly or indirectly, and includes any profit for money, goods, or
things realized on the transportation of passengers.
(c) “Excursion service” means a trip sponsored by
a carrier for transportation as a common carrier between points and places on
the waters of the state, either for one way or for round trip service.
Source. #6514, INTERIM, eff 5-21-97, EXPIRED: 9-18-97
New. #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2309.02 Insurance Requirements.
(a) Every person applying for an original or
renewal commercial vessel registration who is engaged in a charter service,
excursion service, or who receives compensation and who provides a licensed
operator or crew, shall include proof of liability insurance coverage along
with the application.
(b) Any commercial vessel engaged in a charter
service excursion service, or who receives compensation and who provides a
licensed operator or crew, that is not insured, shall not be issued a
commercial vessel registration until proof of liability insurance coverage is
provided and kept in force.
(c) The amount of insurance required by this rule
shall be an amount adequate for the payment of any judgment against the
commercial vessel for bodily injuries to, or the death of, any person using the
facilities of the commercial vessel.
Source. #6514, INTERIM, eff 5-21-97, EXPIRED: 9-18-97
New. #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
Saf-C 2309.03 Suspension or Cancellation of Insurance.
(a) Upon the cancellation or suspension of
liability insurance, each owner/operator shall receive a written notice of
revocation of commercial vessel registration from the department.
(b) The notice, pursuant to (a) above, shall
include the following:
(1) Date;
(2) Name of the person to whom the order is
directed;
(3) An order not to operate the commercial vessel
until proof of liability insurance is received by the division of safety services
and the operator/owner has had his/her original or renewal registration
restored in writing by the commissioner;
(4) Commercial vessel registration number;
(5) Signature of the commissioner; and
(6) Affidavit of service, including:
a. Name of the person upon whom the order of
notice is served;
b. Date and time of service; and
c. Signature of the person making service.
(c) For the purposes of (b)(6) above, the
affidavit of service shall be completed by the person making service.
Source. #6514, INTERIM, eff 5-21-97, EXPIRED: 9-18-97
New. #6616, eff 10-25-97, EXPIRED: 10-25-05
New. #8506, INTERIM, eff 12-7-05, EXPIRES: 6-5-06;
ss by #8617, eff 4-28-06
APPENDIX
|
RULE |
STATUTE |
|
|
|
|
Saf-C 2301.01-2301.02 |
RSA 21-P:14, II(aa) RSA 541-A:7 |
|
Saf-C 2301.03 |
RSA 270-D:1, I |
|
Saf-C 2301.04 |
RSA 21-P:14, II(aa) RSA 541-A:7 |
|
Saf-C 2301.05 |
RSA 270-E:2, II |
|
Saf-C 2301.06 |
RSA 270-E:2, III |
|
Saf-C 2301.07 |
RSA 21-P:14, II(aa) RSA 541-A:7 |
|
Saf-C 2301.08 |
RSA 270-E:2, V |
|
Saf-C 2301.09 |
RSA 270-D:1, IV |
|
Saf-C 2301.10-2301.13 |
RSA 21-P:14, II(aa) RSA 541-A:7 |
|
Saf-C 2301.14 |
RSA 20-E:2, VII |
|
Saf-C 2301.15 |
RSA 21-P:14, II(aa) RSA 541-A:7 |
|
Saf-C 2301.16 |
RSA 270-E:2, X |
|
Saf-C 2301.17-2301.18 |
RSA 21-P:14, II(aa) RSA 541-A:7 |
|
Saf-C 2301.19 |
RSA 270-E:2, XII |
|
Saf-C 2301.20-2301.21 |
RSA 21-P:14, II(aa) |
|
Saf-C 2301.22 |
RSA 270-E:12, III RSA 541-A:7 |
|
|
|
|
Saf-C 2302.01 |
RSA 21-P:14, II(aa) RSA 270-E:3, 4 RSA 270-E:12, I, XI-a |
|
Saf-C 2302.02-2302.03 |
RSA 21-P:14, II(aa) RSA 270-E:12, I |
|
Saf-C 2302.02-2302.04 |
RSA 21-P:14, II(aa) RSA 72-A RSA 270-E:4,5,6 RSA 270-E:12, I, XI-a |
|
Saf-C 2302.05-2302.06 |
RSA 21-P:14, II(aa) RSA 270-E:3 RSA 270-E:12, I, II RSA 270:73, V |
|
Saf-C 2302.07 |
RSA 21-P:14, II(aa) RSA 270-E:3 |
|
Saf-C 2302.08 |
RSA 21-P:14, II(aa) RSA 270-E:12, X, XII |
|
Saf-C 2302.09 |
RSA 21-P:14, II(aa) RSA 270-E:12, I |
|
|
|
|
Saf-C 2303.01-2303.02 |
RSA 21-P:14, II(aa) RSA 270-E:12, II, III |
|
|
|
|
Saf-C 2304.01-2304.05 |
RSA 21-P:14, II(aa) RSA 270-E:12, II |
|
Saf-C 2305.01 |
RSA 21-P:14, II(aa) RSA 270-E:10 RSA 270-E:12, XII |
|
|
|
|
Saf-C 2306.01-2306.04 |
RSA 21-P:14, II(aa) RSA 270-E:5, II RSA 270-E:12, XII RSA 270-E:13 |
|
Saf-C 2307.01-2307.04 |
RSA 21-P:14, II(aa) RSA 270-E:5, II RSA 270-E:12, XII RSA 270-E:16 |
|
Saf-C 2308.01-2308.17 |
RSA 21-P:14, II(aa) RSA 270-E:12, XI |
|
Saf-C 2309.01-2309.03 |
RSA 21-P:14, II(aa) RSA 270-E:12, XII |
|
|
|