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46 U.S.C. § 12503Information available to the system

submitted 38 years ago by Pub. L. 100-710 to r/title-46-SHIPPING · 298 words · no verdicts yet

in plain englishAI-generated · not legal advice

States can send the Secretary of Transportation information to identify a boat and its owner. The State must follow the Secretary's rules and include details like the owner's ID number and where any liens are recorded. The Secretary also has separate rules for accepting other information and for keeping records on mortgaged vessels.

(a) Unless (b) or (c) say otherwise, a State — or a delegate the Secretary of Transportation approves — can share vessel information with the Secretary, if the State follows the Secretary's required format and: (1) identifies the vessel; (2) identifies the owner, using the owner's Social Security number or another method the Secretary accepts, and, if the owner is not an individual, using its taxpayer ID number, or, if it has none, the Social Security number of an officer, general partner, or trustee who signed the vessel's paperwork; (3) says which State the vessel is titled or numbered in; (4) says whether the vessel is numbered, titled, or both; (5) if the vessel is titled in a State, says where records of any lien or other security interest against the vessel can be found; (6) includes information to help law enforcement; and (7) includes any other information the State and the Secretary agree on. (b) Except as (c) requires, the Secretary may also accept information under conditions, and in a form, that the Secretary sets. (c) The Secretary must: (1) keep information on a vessel that has a "preferred mortgage" (a special kind of lien, under section 31322(d)) even after the vessel is no longer titled in a State that shares information, until the mortgage is paid off or the vessel is sold; and (2) accept the kind of information described in a different law, section 31321(h), only when that information cannot be given to a State instead.
the actual law source: uscode.house.gov ↗public domain
(a)

Except as provided in subsections (b) and (c) of this section, a State or a State’s delegate approved by the Secretary of Transportation may make information available to the Secretary if, in a manner and form prescribed by the Secretary, the State—

(1)

identifies the vessel;

(2)

identifies the owner of the vessel, including by—

(A)

the owner’s social security number or, if that number is not available, other means of identification acceptable to the Secretary; or

(B)

for an owner other than an individual—

(i)

the owner’s taxpayer identification number; or

(ii)

if the owner does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trustee of the owner and who signed the application for documentation or numbering for the vessel;

(3)

identifies the State in which it is titled or numbered;

(4)

indicates whether the vessel is numbered or titled, or both;

(5)

if titled in a State, indicates where evidence of a lien or other security interest may be found against the vessel in that State;

(6)

includes information to assist law enforcement; and

(7)

includes other information agreed to by the Secretary and the State.

(b)

Except as provided in subsection (c) of this section, the Secretary also may accept information under conditions and in a manner and form prescribed by the Secretary.

(c)

The Secretary shall—

(1)

retain information on a vessel with a preferred mortgage under section 31322(d) of this title that is no longer titled in a State making information available to the Secretary under this chapter until the mortgage is discharged or the vessel is sold; and

(2)

accept information under section 31321(h) of this title only if that information cannot be provided to a State.

Source credit: (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4736; amended Pub. L. 101–225, title III, § 302(2), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 101–595, title VI, § 603(10), Nov. 16, 1990, 104 Stat. 2993; Pub. L. 109–304, § 15(24), Oct. 6, 2006, 120 Stat. 1704.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-710 · 102 Stat. 4736
  • 1989Amended · Pub. L. 101-225 · 103 Stat. 1922
  • 1990Amended · Pub. L. 101-595 · 104 Stat. 2993
  • 2006Amended · Pub. L. 109-304 · 120 Stat. 1704

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-710 on 1988-11-23.

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