Vessel Documentation vs State Registration
All you should know about USCG vessel documentation as opposed to state registration.
A key decision for many boat owners and prospective buyers is whether to obtain vessel documentation or simply register on the state level. Although such options may exist, this is not always a matter of choice depending on a number of factors. These may include a vessel's size, its intended usage, location, an owner's citizenship and whether it will be given up as security for a marine loan. There are also distinctions to consider when it comes to the relationships between documentation, titling and registration.
Definitions
Boat vs Vessel: There is no difference between
a boat and vessel other than the context in which such terms are invoked.
Federal regulations usually make reference to a vessel whereas a boat is the
term commonly referred to in state level regulations and general boating
circles.
State Registration:
State registration is a process by which a boat is granted operational
privileges on the waters of a given jurisdiction. Depending on the
respective state, this may entail the assessment of periodic fees and taxes.
Registration certificates are re-issued periodically.
State Titling: In conjunction with registration certificates, many states
also issue a separate one time certificate of title. However, this is not
always the case as some states do not facilitate titling. In this case the
registration certificate serves as proof of ownership unless the boat is
also USCG documented.
USCG Documentation:
USCG documentation is a process by which a vessel is federally registered.
However, only a single certificate is issued which serves as both evidence
of registration and ownership. Although renewed periodically, a valid certificate
of documentation is also viewed as a title certificate.
Vessel Documentation
There are varying circumstances under which a vessel must
become USCG documented, where it may be desirable as an option and when it's
not even available. As an option there are certain advantages and drawbacks
that should be taken into consideration.
Qualifications: In order to document a vessel
it must measure at least 5 net tons in cargo capacity. This is determined by
a formula based on its length, breadth and depth. Accordingly, most vessels
under 25 feet in length will not qualify for documentation. A documented
vessel must also be wholly owned by U.S citizens. The country in which built
is not a factor unless destined for commercial usage.
Usage:
Documentation is optional for recreational purposes. However, vessels
engaged in commercial activities must become documented and endorsed for the
specific trade in which engaged. Commercial endorsements do not otherwise
prevent recreational usage.
Marine Financing: Marine lenders are
usually more inclined to finance a qualified vessel when it becomes USCG
documented. This facilitates the recording of a preferred vessel mortgage
which offers collateralization priority over state level security methods
and provides better foreclosure options.
Availability of financing is, therefore, considered to be one of the
advantages of documentation.
Titling Priorities: A valid certificate of
documentation takes priority over any other forms of titling. It also
affords a bona fide title in situations where certain states do not issue
such certificates. This enhances the marketability of a vessel as
buyers can be assured of a strong title.
Documentation Standards:
The USCG enforces very strict standards and requirements when it comes to
documenting a vessel. There are in fact some hefty fines and penalties for
such violations. On the other hand, this can be viewed as a positive factor
given its reliability over state registration and titling.
International Recognition:
Vessel documentation affords certain rights, protections and recognition as
a U.S. flagged vessel while operating in international waters and foreign
jurisdictions. It also makes life much easier when dealing with foreign
customs entry.
Abstract of Title:
One of he most endearing aspects of vessel documentation relates to an
underlying abstract of title. This indexes all transactions about the
subject vessel during the entire duration of being actively documented.
Numbering and Marking:
Although documented vessels must display a name of choice and hailing port,
they are not required to show state registration numbers. Many boaters view
this as prestigious in joining the ranks of world class luxury yachts that are entitled to
carry the U.S. flag.
Fees and Taxes: Documenting a vessel does not
exempt it from state or local taxes, fees and assessments unless perhaps
endorsed for commercial usage. In addition, vessel documentation fees can
become a bit pricey, especially if this involves the services of a
documentation company.
State Registration: The coast guard
prohibits state titling on documented vessels. However, state registrations
may be required in some jurisdictions. This is because they viewed by the Coast Guard as
simply evidence that a boat has complied with state
laws rather than as bona fide titles.
Lien Claim Recordings: Lien claims may be arbitrarily filed
against a documented vessel without the owner's
consent. These remain open on the underlying abstract of title until
released by the claimant. Although this helps potential buyers or enders in
recognizing any potential claims or liens, these can be difficult to clear if filed
improperly or not released in a timely manner.
Owner Privacy:
Ownership and recording information about a particular vessel is readily
available to the general public. Anyone can order an abstract of title, a copy
of the documentation certificate and copies of recorded instruments such as
mortgages and bills of sale. These are readily available from the National Vessel Documentation
Center. Vessel documentation also provides the federal government with a
list of available vessels in the unlikely event of wartime or national emergency.
State Registration and Titling
Basic requirements for state level boat registrations are
prescribed by federal regulations as a matter of nationwide uniformity.
However, each state has a great deal of latitude with regard to how these
are administered. This may involve various exemptions, the availability of state
issued titles and whether documented vessels must also become state
registered.
Documented Vessels: Registration of documented
vessels is required in certain states whereas exempted in others. However,
the issuance of state titles is forbidden on documented vessels.
Qualifications:
There are minimal qualifications for registering a boat on the state level.
A boat's size, usage, place of build and owner citizenship are of no
consequence. All that's required is reasonable evidence of ownership and
perhaps a hull number inspection whenever in question.
Ownership Standards:
Most of the states in general have basic requirements for
evidence of ownership when registering a boat. However there are some
jurisdictions where
this is quite relaxed. This is one of the reasons from a reliable title
perspective that vessel documentation is considered to be much stronger.
State Titles:
State level boat registrations and titles go hand in hand just like with
vehicles. However, titles are not provided in all jurisdictions which means
that registrations must serve as evidence of ownership unless the boat is
documented.
Historical Data: State boat registration agencies do not maintain
abstracts of title like those for documented vessels. At best, you may be
able to obtain prior record printouts or perhaps microfiche copies. In any
event, most states spurge their systems of archived records after a certain
period of time. This is not the case with the USCG where vessel records are
maintained indefinitely.
Fees and Taxes: Although some application
fees may be avoided in states that exempt documented vessels from
registering, this not the case when it comes to taxes and assessments.
Unless used commercially, the same rules will apply whether or not
documented.
Owner Privacy: Unlike the open availability of ownership
information for documented vessels, most states will enforce very strict
owner privacy rules for registered boats. This means that such data can only
be accessed by the owner or certain privileged parties as designated by law.
Such privacy may be seen as more desirable by some owners over open source
vessel documentation data.
Conclusion
The information provided herein is stated in broad terms and may not apply to every situation. More details about vessel documentation, state registration and boat titling in general can be found throughout the pages of our website.
References
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