Ariz. Admin. Code § 12-4-502

Current through Register Vol. 30, No. 50, December 13, 2024

Section R12-4-502 - Application for Watercraft Registration

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.

Ariz. Admin. Code § R12-4-502

Former Section R12-4-84 renumbered as Section R12-4-502 without change effective August 13, 1981 (Supp. 81-4). Amended effective January 2, 1985 (Supp. 85-1). Former Section R12-4-502 repealed, new Section R12-4-502adopted effective May 27, 1992 (Supp. 92-2). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.