Current through Register Vol. 30, No. 38, September 20, 2024
A. Only motorized
watercraft as defined under R12-4-501 are subject to watercraft
registration.
B. A person shall
apply for watercraft registration under A.R.S. § 5-321 using a form
furnished by the Department and available at any Department office or on the
Department's website. The applicant shall provide the following information for
registration of all motorized watercraft except homemade watercraft, which are
addressed under subsection (C):
1. Arizona
residency certification statement, signed by the watercraft owner;
2. Type of watercraft;
3. Propulsion type;
4. Engine drive type;
5. Overall length of watercraft;
6. Make and model of watercraft, if
known;
7. Year built or model year,
if known;
8. Hull identification
number;
9. Hull material;
10. Fuel type;
11. Category of use;
12. Watercraft or AZ number previously issued
for the watercraft, if any;
13.
State of principal operation; and
14. For watercraft:
a. Owned by a person:
i. Legal name;
ii. Mailing address;
iii. Date of birth; and
iv. Signature of each applicant.
b. Owned by a business:
i. Name of business:
ii. Business address;
iii. Tax Identification Number; and
iv. Signature and title of authorized
representative on behalf of the business.
c. Held in a trust:
i. Name of trust;
ii. Primary trustee's address;
iii. Tax Identification Number, required when
the trust is held by two or more persons;
iv. Date of trust; and
v.
Signature of each trustee, unless the trust instrument authorizes the signature
of one trustee to bind the trust.
15. When ownership of the watercraft is in
more than one name, the applicant shall indicate ownership designation by use
of one of the following methods:
a. Where
ownership is joint tenancy with right of survivorship, the applicant shall use
"and/or" between the names of the owners. To transfer registration of the
watercraft, each owner shall provide a signature. Upon legal proof of the death
or incompetency of either owner, the remaining owner may transfer registration
of the watercraft.
b. Where
ownership is a tenancy in common the applicant shall use "and" between the
names of the owners. To transfer registration of the watercraft, each owner
shall provide a signature. In the event of the death or incompetency of any
owner, the disposition of the watercraft shall be handled through appropriate
legal proceedings.
c. Where the
ownership is joint tenancy or is community property with an express intent that
either of the owners has full authority to transfer registration, the applicant
shall use "or" between the names of the owners. Each owner shall sign the
application for registration. To transfer registration, either owner's
signature is sufficient for transfer.
C. The builder, owner, or owners of a
homemade watercraft shall present the watercraft for inspection at a Department
office. The applicant shall provide the following information for registration
of homemade watercraft, using the same ownership designations specified in
subsection (A)(15):
1. Type of
watercraft;
2. Propulsion
type;
3. Engine drive
type;
4. Overall length of
watercraft;
5. Year
built;
6. Hull material;
7. Fuel type;
8. Category of use;
9. Each owner's:
a. Name,
b. Mailing address, and
c. Date of birth;
10. State of principal operation;
11. Whether the watercraft was assembled from
a kit or rebuilt from a factory or manufacturer's hull;
12. Hull identification number, if assigned;
and
13. Signature of the applicant,
acknowledged before a Notary Public or witnessed by a Department
employee.
D. As
prescribed under A.R.S. § 5-321, the applicant shall submit a use tax
receipt issued by the Arizona Department of Revenue with the application for
registration unless any one of the following conditions apply:
1. The applicant is exempt from use tax as
provided under 15 A.A.C. Chapter 5,
2. The applicant is transferring the
watercraft from another jurisdiction to Arizona without changing
ownership,
3. The applicant submits
a bill of sale or receipt showing the sales or use tax was paid at the time of
purchase, or
4. The applicant
submits a notarized affidavit of exemption stating that the acquisition of the
watercraft was for rental or resale purposes.
E. An applicant for a watercraft dealer
registration authorized under A.R.S. § 5-322(F), shall be a business
offering watercraft for sale or a watercraft manufacturer registered by the
U.S. Coast Guard. A person shall display dealer registration for watercraft
demonstration purposes only. For the purposes of this Section, "demonstration"
means to operate a watercraft on the water for the purpose of selling, trading,
negotiating, or attempting to negotiate the sale or exchange of interest in new
watercraft, and includes operation by a manufacturer for purposes of testing a
watercraft. Demonstration does not include operation of a watercraft for
personal purposes by a dealer or manufacturer or an employee, family member, or
an associate of a dealer or manufacturer. The watercraft dealer registration is
subject to invalidation pursuant to R12-4-506 if a watercraft with displayed
dealer registration is used for purposes other than those authorized under
A.R.S. § 5-322(F) or this Section. A watercraft dealer registration
applicant shall submit an application to the Department. The application is
furnished by the Department and is available at any Department office. The
applicant shall provide the following information on the application:
1. All business names used for the sale or
manufacture of watercraft in Arizona;
2. Mailing address and telephone number for
each business for which a watercraft dealer registration is
requested;
3. Tax privilege license
number;
4. U.S. Coast Guard
manufacturer identification code, when applicable;
5. Total number of certificates of number and
decals requested; and
6. The
business owner's or manager's:
a.
Name,
b. Business
address,
c. Telephone number,
and
d. Signature.
F. In addition to
submitting the application form and any other information required under this
Section, the applicant for watercraft registration shall submit one or more of
the following additional forms of documentation:
1. Original title if the watercraft is titled
in another state;
2. Original
registration if the watercraft is from a non-titling state;
3. Bill of sale as defined under R12-4-501 if
the watercraft has never been registered or titled in any state;
4. Letter of gift as defined under R12-4-501
if the watercraft was received as a gift and was never registered or titled in
any state;
5. Court order or other
legal documentation establishing lawful transfer of ownership;
6. Certificate of documentation or letter of
deletion issued by the U.S. Coast Guard;
7. Statement of facts form furnished by the
Department and available from any Department office when none of the
documentation identified under subsections (F)(1) through (F)(6) exists either
in the possession of the watercraft owner or in the records of any jurisdiction
responsible for registering or titling watercraft. An applicant for watercraft
registration under a statement of facts shall present the watercraft for
inspection at a Department office. The statement of facts form shall include
the following information:
a. Hull
identification number,
b.
Certification that the watercraft meets one of the following conditions:
i. The watercraft was manufactured prior to
1972, is 12 feet in length or less, and is not propelled by an inboard
engine;
ii. The watercraft is owned
by the applicant and has never been registered or titled;
iii. The watercraft was owned in a state that
required registration, but was never registered or titled; or
iv. The watercraft was purchased, received as
a gift, or received as a trade and has not been registered, titled, or
otherwise documented in the past five years.
c. Signature of the applicant, acknowledged
before a Notary Public or witnessed by a Department employee.
8. An original certificate of
origin when all of the following conditions apply:
a. The watercraft was purchased as
new,
b. The applicant is applying
for watercraft registration within a year of purchasing the watercraft,
and
c. The certificate of origin is
not held by a lien holder.
G. If the watercraft is being transferred to
a person other than the original listed owner, the applicant for a watercraft
registration shall submit a release of interest. The Department may require the
applicant to provide a release of interest that is acknowledged before a Notary
Public or witnessed by a Department employee when the Department is unable to
verify the signature on the release of interest.
H. If the original title is held by a lien
holder, the applicant for a watercraft registration shall submit a form
furnished by the Department and available from any Department office along with
a copy of the title. The applicant shall comply with the following requirements
when submitting the form:
1. The applicant
shall provide the following information on the form:
a. Applicant's name,
b. Applicant's mailing address,
c. Make and model of watercraft,
and
d. Watercraft hull
identification number.
2. The applicant shall ensure the lien holder
provides the following information on the form:
a. Lien holder's name,
b. Lien holder's mailing address,
c. Name of person completing the form on
behalf of the lien holder,
d. Title
of person completing the form on behalf of the lien holder, and
e. Signature of the person completing the
form on behalf of the lien holder, acknowledged before a Notary Public or
witnessed by a Department employee.
I. If the watercraft's original title or
registration is lost, the Department shall register a watercraft upon receipt
of one of the following:
1. A letter or
printout from any jurisdiction responsible for registering or titling
watercraft that verifies the owner of record for that specific
watercraft;
2. A printout of the
Vessel Identification System for that specific watercraft from the U.S. Coast
Guard and verification from the appropriate state agency that the information
regarding the owner of record for that specific watercraft is correct and
current;
3. A statement of facts by
the applicant as described under subsection (F)(7) if the watercraft has not
been registered, titled, or otherwise documented in the past five years;
or
4. The abandoned or unreleased
watercraft approval letter issued by the Department, as established under
R12-4-507(I).
J. The
Department shall issue a watercraft registration within 30 calendar days of
receiving a valid application and the documentation required under this Section
from the applicant or a watercraft agent authorized under R12-4-509.
K. All watercraft registrations and
supporting documentation are subject to verification by the Department and to
the requirements established under R12-4-505. The Department shall require a
watercraft to be presented for inspection to verify the information provided by
an applicant if the Department has reason to believe the information provided
by the applicant is inaccurate or the applicant is unable to provide the
required information.
L. The
Department shall deem an application invalid if the Department receives legal
documentation of any legal action that may affect ownership of that
watercraft.
M. The Department shall
invalidate a watercraft registration if the registration is obtained by an
applicant who makes a false statement or provides false information on any
application, statement of facts, or written instrument submitted to the
Department.