Current through Register Vol. 50, No. 9, September 20, 2024
A. All vessels
manufactured for sale in Louisiana shall conform to federal standards
established in 46 USC
4301, et seq. or any federal regulation
prescribed thereunder. Each vessel manufactured for sale in Louisiana shall
have a hull identification number (HIN) assigned by the United States Coast
Guard (USCG).
B. Notwithstanding
the provisions of Subsection A, the following regulations shall provide for the
assignment of hull identification numbers (HIN) to certain undocumented vessels
manufactured in this state that do not qualify for the assignment of such
numbers by the USCG.
1. Airboat and mudboat
vessels that do not meet USCG level flotation regulations, but are manufactured
principally to be used in shallow water/marsh conditions and do not travel far
from shore are eligible for consideration for assignment of a Louisiana HIN,
assuming the vessel meets the following criteria:
a. the vessel model is designed for shallow
water use;
b. the vessel is only
marketed and sold in typical shallow water and marsh areas;
c. the vessel meets all other federal safety
standards for recreational boats manufactured in the United States;
d. the manufacturer strictly adheres to all
requirements of the grant of exemption;
e. the vessel must be powered by a mud motor
or fan blade.
2. The
manufacturer(s) of such vessels shall submit an application for eligibility
requesting approval from the department. The application of eligibility shall
be submitted on company letterhead describing in detail the model(s) an
exemption is sought for, photographs of the model(s), where the boats are
typically sold including dealer network, marketing method for the model(s), and
any flotation utilized on the model. The application for eligibility should
include the following information for each model:
a. model name;
b. overall length;
c. vessel type;
d. hull material;
e. propulsion type;
f. engine drive type;
g. fuel.
3. The manufacturer must be capable of
producing a minimum of 10 vessels annually and must provide proof of security
in one of the following forms to be eligible to receive the HIN's:
a. pre-payment of a minimum of one block of
10 HIN numbers, or
b. bond, letter
of credit, or other security, in an amount and form acceptable to the
secretary, determined on a case-by-case basis.
4. Upon receipt of an application for
eligibility from a manufacturer, an agent from the enforcement division shall
conduct an initial inspection of the manufacturer's vessel fabrication
location.
5. Upon favorable
inspection, the manufacturer(s) shall be approved to receive HIN's issued in
blocks of 10 individual HINs upon the manufacturer's request. The department
shall charge a fee of $25 per issued HIN.
6. Manufacturer(s) receiving
department-issued HIN, as described in this Section, shall comply with the
following procedures.
a. The HIN must be
stamped on the vessel before it leaves the manufacturer's facility.
b. The manufacturer(s) must produce a
manufacturer statement of origin (MSO) as described in
R.S.
34:852.11. The manufacturer shall provide the
purchaser and/or transferee with the original MSO.
c. Manufacturer(s) must maintain records of
all vessels stamped with HIN from the block of numbers issued to the
manufacturer by the department. These records must include the date the vessel
was stamped, vessel make, principle vessel hull material, vessel length, vessel
type, HIN stamped on vessel, date vessel was sold or ownership transferred, and
name and address of the transferee. These records shall be kept in the form of
a log book issued by the department. The log book shall be returned to the
department upon completion. Manufacturers must maintain a copy of the log book
for three years.
C. Agents from the enforcement division may
inspect the manufacturer(s)' facility, records, and/or vessels to verify that
the manufacturer is maintaining compliance with the stated
procedures.
D. Violation of this
Section shall be fined not less than $500, but no more than $1000, or
imprisoned for not more than 30 days, or both, for each violation as provided
in R.S.
34:852.22.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
34:852.13.B.
