This is true in all 50 states because it is a FEDERAL law. What the
sentence means is that the boat must not display state registration
numbers if it is documented. That is what they mean by "identified".
This is not to say that states cannot require you to register the boat.
They just cannot require a visible state registration number. They CAN
display a sticker indicating that state fees and taxes have been paid.
That is not a registration number. I live in Connecticut. My boat is
Federally Documented and also registered in CT. The markings on the boat
are the name, hailing port and a small sticker from the state that shows
taxes and fees are current. Federal Documentation is the title for the
boat, and Connecticut uses my Doc number as the registration number on
the paperwork. No state is arguing about this, as it works just fine for
all concerned, and has for a long time. Most, but not all, states
require a state registration for Federally Documented boats. This is not
a problem for anybody involved. People seem to tie themselves in knots
over this. It is not even slightly complicated. BoatUS is not practicing
law without a license, or drawing their own conclusions. They are just
stating the laws as they plainly exist on the books.
Bill Bina
On 2/7/2018 11:40 AM, Matthew L. Wolford via CnC-List wrote:
I reviewed the first two bullet points from the BoatUS recital, and at
least in PA they are not (or may not) be correct:
* Vessels may only be identified as either a State Registered Vessel
or a Federally Documented Vessel - NOT BOTH.
Not true in PA. There is a difference between titling and
registration. In PA, Federally documented boats are not required to
be titled under the PA Fish and Boat Code (and, I believe, cannot be
State titled). However, they must be registered. This change was
made to the State statute in the 1990s and became effective on March
1, 1998. Under the old requirements, federally documented boats were
exempt from State registration. Under the new requirements, federally
documented boats used for recreational purpose must be registered. As
far as I know, no one has challenged this scheme, and I doubt a court
would conclude that State registration requirements are preempted
because they are help the State keep track of boats and are not in
conflict with federal law regarding documentation.
* When a vessel becomes federally Documented, the State Registration
Numbers and Letters must be removed.
This I don’t know, but I suspect BoatUS is correct. The reason is
that federal law has requirements about how a federally documented
boat must be identified. To get around this issue, the PA Fish and
Boat Commission requires decals (not State registration numbers) to be
placed on the boat. Most sailboat owners place the decal on the mast.
As we discussed in a previous thread about this issue, this is a
complicated and unclear area of law which, not surprisingly, the U.S.
Supreme Court has not addressed. BoatUS would be wise not to give
legal advice in promoting the sale of graphics.
_______________________________________________
Thanks everyone for supporting this list with your contributions. Each and
every one is greatly appreciated. If you want to support the list - use PayPal
to send contribution -- https://www.paypal.me/stumurray
