Section 13-241-5 - Application for number or title; contents; requirements(a) The application for a certificate of title shall be made in accordance with chapter 200A, Hawaii Revised Statutes. The application for a certificate of number shall be made by the owner to the department or any agency authorized by the department in accordance with procedure prescribed by the department on the form it prescribes and shall contain: (1) The name, driver's license or civil identification number, residence, and mailing address of the owner.(2) The owner's date of birth.(3) The owner's present citizenship.(4) The state in which the vessel is principally used.(5) The location where vessel is principally kept.(6) The present U.S. Coast Guard number, if any, or number if numbered in a state other than Hawaii.(7) The date the vessel entered Hawaii, if numbered in another state.(8) The date the vessel was first operated by the applicant.(9) A description of the vessel including, but not limited to, the following so far as they exist: hull material (wood, steel, aluminum, plastic, other), type of propulsion (outboard, inboard, inboard-outboard, sail, other), type of fuel (gas, diesel, other), length of vessel, make, model, type, manufacturer, builder, maker, year built, and country in which the vessel was built.(10) A statement as to the primary operation of the vessel, including, but not limited to, charter fishing, commercial fishing, commercial passenger carrying, dealer demonstration, manufacturer demonstration, other commercial operation, pleasure, rent or lease (livery), or other.(11) The manufacturer's or builder's hull identification number. Where there is no hull identification number on the vessel or where a hull identification number has been destroyed or obliterated, the applicant shall state so on the application.(12) Any further information the department reasonably requires: (1) to identify the vessel, (2) to enable a determination that the owner is entitled to a certificate of number, (3) to determine if a security interest in the vessel exists, or (4) for the use by federal or other state or local agencies.(13) A certification of ownership by the applicant.(14) The applicant's physical signature. Except as otherwise required by law, an electronic signature shall not be acceptable for the purposes of this section.(b) Every initial application for a certificate of number shall be accompanied by: (1) Appropriate evidence establishing proof of ownership of the vessel by the applicant. Proof of such ownership shall only be established for the purposes of this section by one of the following:
(A) A certificate of title issued in accordance with chapter 200A, Hawaii Revised Statutes.(B) A properly endorsed document indicating title to the vessel, if the vessel has been numbered and issued a title by another state or country.(2) A statement under oath, or a certification by a person authorized by the department, that the builder's hull identification number, if any, of the vessel has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vessel the department reasonably requires. The department, if not satisfied with the evidence submitted as proof of ownership, may require additional information and documents, including any additional statements under oath, as is necessary to establish purported ownership of a vessel.
(d) All requirements governing the application for certificate of number shall apply to livery (rental) boats, except that the description of the motor, if any, and type of fuel need not be completed on the application in every case where the engine is not rented as part of the boat.(e) An application for certificate of number for a dealer's or manufacturer's vessel shall not require a description of the vessel. In lieu of the description, the word "manufacturer" or "dealer", whichever is appropriate, shall be plainly indicated on the application.(f) The department shall require any person applying for a certificate of number or title pertaining to a foreign built vessel to furnish evidence of payment of custom duties upon reasonable belief that any United States Customs duty pertaining to the vessel has not been paid.(g) An application for a certificate of number pertaining to a foreign built vessel or a vessel owned by a person not a citizen of the United States and to be used in coastwise trade or commercial fishing shall not be accepted, and notice of the action by the department shall be sent to the U.S. Coast Guard.(h) An application for issuance of a certificate of number pertaining to a vessel previously owned in whole or in part by a citizen of the United States and purchased by a person not a citizen of the United States shall be accompanied by evidence that the transaction was approved by the U.S. Maritime Administration, except in those instances where federal laws and regulations do not require approval. [Eff 2/24/94] (Auth: HRS § 200-24) (Imp: HRS §§ 200-24, 200-31)Am and comp 3/20/2021 (Auth: HRS § 200A-29) (Imp: HRS § 200A-29)