California Yacht and Ship Licensing Study Guide Material With Complete Solution

Vessels Required to be Documented - Answer 5+ Tons engaged in fisheries, Great Lakes or Coastwise except: a)Vessel that doesn't operate in US Nav Waters b) non-self propelled vessel within harbor, in whole/part rivers or inland lakes of US, canals, internal waters. Requirements met for Documentation - Answer US Citizen, 5+tons, may be documented with these two including vessels for pleasure and in foreign trade. Special Markings Interior of Doc. Vessel - Answer Official # abbreviated by NO (clear and permanent) on interior structural part of hull. Number is block arabic and 3+ inches. Pleasure Vessel Doc. Markings - Answer Name and hailing port 4 inches anywhere visible on hull. Other Vessel Doc. Markings - Answer name 4+ Inches on port and stbd bow and stern, hailing port on stern. Markings must be durable. Renewing Coast Guard Doc. - Answer Renewed Annually - USCG sends notice 45 days prior to exp. Where should Doc be Kept - Answer Must have aboard vessel except: Non-self propelled not in foreign trade, vessel is in storage/ out of water, when Doc. is submitted to an officer. USCG Doc Fees - Answer $100 Issuance fee, $50 replacement/surrender fee, when owner uses older parts and wants determination that vessel is new $200. Doc Vessel Title - Answer Bill of sale must be notarized, title search initiated by requesting abstract from National Coast Guard Doc. Center. Boaters Lien Law 501 - definitions - Answer Department: Dept of Motor Vehicles or any successor agency Mail: First class mail unless registered certified mail specified Services: making repairs, labor, supplies for any vessel or trailer Storage: safekeeping, mooring, berthage Vessel: every watercraft other than seaplane or home, used for transport but excluding vessle w/ valid marin Doc, including trailer. Boaters Lien Law 501.3 - time of notice def. - Answer Time of notice = time written notice is sent/ personally delivered 501.5 - supersedence - Answer Vessel Lien procedures shall supersede any local ordinance 502 - Lien Who? - Answer Every person has a lien dependent upon possession of vessel - compensation is legally entitled for services rendered/ storage/ etc. 502 - Lien When? - Answer Lien = at time of written statement sent to owner for charges subject to CA Lien Law 502 - Lien How? - Answer No lean valid upon request of any person other than legal owner as shown on reg. cert...to extend lien = $1500+. Lien claimant must give prior notice in writing of exceeding amount on STD form showing rates/costs/etc, BOLD type stating consent of owner is assumed unless owner notifies lien holder in 15 days. 502 - How long does an owner have to notify a lien claimant? - Answer 15 days 502 - How much may a claim exceed the estimate? - Answer 10% 502 - How much must the lien exceed? - Answer $1500 502 - Consent of storage - Answer a) owner presumed to consent if does not respond within 15 days of request for consent b) consent is presumed for 30-day period following request for consent notice. 502 - Owner declines consent - Answer Owner must remove the vessel but only upon satisfying lien. 502 - Lien holder has ___ days to file - Answer 60 days to 1) apply to the department for authorization to conduct lien sale 2) file an action on the claim in court 503 - Application to department for lien sale - Answer Exceeding $1500, a fee shall be paid but may be recovered, and application shall include: 1) description of vessel, hull ID, make, state of registry. 2) names and addresses of registered legal owners of vessel, or who claims proprietary interest 3) amount of lien, facts that give rise to lien, additional storage costs pending sale 503.b - Upon application - Answer Department shall within 15 days: 1) notify vessel registry agency of pending lien sale 2) by mail: send notice/ copy of application / return envelope to legal owners at addresses on record. 3) A vessel registration/title transfer stop order will be applied 4)Notify applicant of any outstanding property tax lien 503.c - Notice required pursuant to subdivision b of Tax Code - Answer Include 1) Application has been made with department for auth. of lien sale, and dept. placed vessel/title stop order. 2) each person whom notice is sent is entitled hearing in court 3) if hearing desired: declaration of opposition required within 15 days of mailed notice. 4)if declaration returned, lienholder will only be allowed to sell with court judgement or release from declarant. 5) Declarant served by mail with legal process and court proceedings 6) Declarant may be liable for court costs if in favor of lienholder 503.d - If department receives declaration of opposition - Answer 1) Dept shall notify lienholder w/in 16 days that lien sale shall not be held unless lienholder files action in court within 60 days of notice. Judgement must then be in favor of lienholder. 503.e - Service of Legal Process on Declarant - Answer Return of declaration of opposition shall constitute consent to service of legal process...if mail has been returned unclaimed, dept. shall authorize lien sale. 503.f - Upon Authorizing Lien Sale the Lienholder advertises: - Answer Lienholder shall 1) at least 10 days but no more than 30, give notice of the sale in a newspaper published in county - notice shall be given by posting in three of most public places and at place where vessel is to be sold for 10 consecutive days including day of sale.