2013 Maryland Code
NATURAL RESOURCES
§ 8-712 - Numbering vessels; owner's certificate of number

§8-712.

(a) (1) Any vessel equipped with propulsion machinery of any type on the waters of the State shall be numbered for identification in accordance with this subtitle and any regulation pursuant to it. This provision does not apply to the following vessels:

(i) A vessel which has a valid document issued by the United States Coast Guard or its successor;

(ii) A vessel with a valid number awarded pursuant to federal law or a federally approved numbering system of another state, if the number awarded is displayed in accordance with the requirements of that system, and the certificate of number is available for inspection whenever the vessel is in use;

(iii) A vessel from a country other than the United States temporarily using the waters of the State for less than 90 days;

(iv) A vessel used for public service and owned by the United States government, another state, or any political subdivision;

(v) A ship’s lifeboat;

(vi) A vessel propelled only by sail;

(vii) A vessel numbered according to the Federal Boat Safety Act of 1971; or

(viii) A vessel manually propelled.

(2) The Department, by regulation, for the period the Department prescribes may exempt any vessel or class of vessels from the numbering provisions of this subtitle, if the vessel or class of vessels is exempted from the federal numbering requirements by statute, or rule or regulation.

(b) The owner of any vessel to be numbered by this subtitle shall file an application for a certificate of number with the Department. The application is on forms the Department approves, accompanied by the requisite fee, and signed by every vessel owner.

(c) (1) Certificates of number issued under this section shall be valid for a period not to exceed 2 years. The owner of the vessel may apply every other year for renewal of the certificate. The renewed certificate shall expire on December 31 of the calendar year following the year the certificate is issued. The fee for a 2-year certificate for vessels is $24. Vessels 16 feet in length or less and equipped with a 7 1/2 horsepower motor or less are exempt from this fee. The fee to replace a lost, destroyed, or corrected certificate is $2. The Department shall record any transaction or transfer of numbered boats. The Department may record any amount of money owing on a vessel required to be numbered at the time of sale. The Department may not effect a transfer of ownership until the amount of money owed as shown on the records of the Department is fully paid or recorded on the new title. Any vessel that is required to be numbered under this section that is exempt prior to January 1, 1974 shall be exempt from payment of this title tax.

(2) Emergency rescue boats and fire boats that belong to fire departments or rescue squads in Maryland:

(i) Shall be exempt from all registration fees; but

(ii) Shall apply for a registration renewal every 3 years.

(d) Upon receipt of the application in approved form, the Department shall issue to the applicant a certificate of boat number which shall contain the boat number issued to the vessel and additional information the Department prescribes by regulation. The certificate of boat number shall be available for inspection when the vessel is in use. The owner shall paint on or attach the boat number to each side of the forward half of the vessel’s hull or superstructure for which the boat number is issued, displaying the boat number in the manner required by Department regulations and maintaining the boat number in legible condition.

(e) If a vessel required to be numbered under this subtitle is sold, transferred, abandoned, lost, stolen, or destroyed, the vessel’s certificate expires at the time of the sale, transfer, abandonment, loss, theft, or destruction and then is invalid.

(f) There is a $5 service charge for every check returned unpaid.

(g) The Department shall inform each holder of a certificate of boat number of the manner in which the boat owner may obtain a current copy of the U. S. Coast Guard rules and regulations applicable to the type of boat registered under the owner’s boat number.

(h) If a person who applies for the issuance or renewal of a certificate of boat number for a vessel has an outstanding warrant for failing to appear in court to answer a charging document alleging a violation under this subtitle, the Department shall refuse to issue or renew the certificate of boat number for the vessel until the person charged has complied with the provisions of § 1-205 of this article.

§ 8-712 - 1. Vessel validation sticker

(a) Biennial validation required. --

(1) An owner of a vessel that has a valid document issued by the United States Coast Guard and that is used principally on the waters of the State for pleasure shall apply to the Department for a Maryland use sticker.

(2) The Department shall issue a Maryland use sticker to any person who submits an application and pays a fee as required by subsection (b) of this section.

(3) The Maryland use sticker issued under this section shall be valid for a period not to exceed 2 years expiring on December 31 of the calendar year following the year the sticker is issued.

(b) Application; fee. -- The owner of the vessel shall:

(1) Submit an application to the Department on the form that the Department requires and be signed by every owner of the vessel; and

(2) Pay to the Department an application fee of $ 10 for the 2-year sticker.

(c) Sale of vessel. -- Within 30 days after the sale or other transfer of a vessel that is displaying or should display a sticker under this section:

(1) The transferor shall give notice of the transfer to the Department on a form that the Department requires; and

(2) If the transferee intends to continue to use the vessel principally on the waters of the State, the transferee shall submit an application for a Maryland use sticker and pay the fee as required by subsection (b) of this section.

(d) Display of sticker. -- The Maryland use sticker shall be displayed on or about the forward half of the vessel.

(e) Operation without sticker prohibited. -- Unless the vessel that is subject to the requirement of this section displays a current sticker:

(1) A person may not operate the vessel on the waters of the State; and

(2) The owner may not knowingly permit the vessel to be operated on the waters of the State.

§ 8-712 - 2. Boating safety education

(a) When required; certificate required. --

(1) Except as otherwise provided in paragraphs (3), (4), and (5) of this subsection, a person born on or after July 1, 1972 may not operate on the waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971 without first obtaining a certificate of boating safety education.

(2) A person who is subject to the provisions of paragraph (1) of this subsection shall:

(i) Possess the certificate of boating safety education when operating a vessel on waters of the State; and

(ii) Show the certificate on the demand of a Natural Resources police officer or other law enforcement officer.

(3) The following persons are exempt from the requirements of this section:

(i) A person who is operating a vessel in connection with commercial purposes;

(ii) A person who is a resident of another state and who is visiting the State for 60 days or less in a vessel that is numbered in another state if:

1. The person is 16 years old or older; or

2. The person has been issued a boating safety certificate in accordance with the provisions of subsection (c)(6) of this section;

(iii) A person who is visiting the State for 90 days or less in a vessel from a country other than the United States;

(iv) A person operating a vessel on a body of water located on private property; and

(v) Any other person exempted by regulation of the Department.

(4) When a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 is operated for pleasure on waters of the State, at least 1 person on the vessel must:

(i) Possess the certificate of boating safety education; or

(ii) Be exempt from the certification requirements of paragraph (1) of this subsection.

(5) A person who is under the age of 16 and who operates a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 must:

(i) Possess a certificate of boating safety education;

(ii) 1. If operating a vessel under 11 feet in length, be under the supervision of a person who has obtained a certificate of boating safety education and is aboard the vessel; or

2. If operating a vessel 11 feet in length or greater, be under the supervision of a person who is 18 years or older and has obtained a certificate of boating safety education and is aboard the vessel; or

(iii) Be under the supervision of a person who was born before July 1, 1972 and is aboard the vessel.

(b) Regulations. --

(1) The Department shall:

(i) Adopt regulations that establish criteria for a course of instruction in boating safety education;

(ii) Administer a verbal test when appropriate;

(iii) Coordinate a statewide program of boating safety instruction and certification and ensure that a course of boating safety education is available within each county; and

(iv) Ensure that a course of boating safety education is available at the earliest practicable age for children in boating communities.

(2) Any course of boating safety education that is offered through a public school is not required to be more than 6 classes, or exceed a total of 8 hours.

(3) The following persons may offer the course of instruction in boating safety education if approved by the Department:

(i) The Department;

(ii) The U.S. Coast Guard Auxiliary;

(iii) The U.S. Power Squadron;

(iv) A political subdivision;

(v) A municipal corporation;

(vi) An agency;

(vii) A public or nonpublic school;

(viii) A group;

(ix) A firm;

(x) An association; or

(xi) Any other person.

(c) Issuance of certificate. --

(1) The Department or the Department's designee shall issue a certificate of boating safety education to a person who:

(i) Passes the course prescribed by the Department in boating safety education; or

(ii) Passes a boating safety equivalency examination administered by persons authorized to offer the course on boating safety education.

(2) Upon request, the Department shall provide, without charge, boating safety education materials to persons who plan to take the boating safety equivalency examination.

(3) (i) Once issued, the certificate of boating safety education:

1. Is valid for the lifetime of the person to whom the certificate was issued; and

2. May not be revoked by the Department or a court of law.

(ii) The Department shall replace, without charge, a lost or destroyed certificate if the Department issued the certificate or has a record that the certificate was issued by the U.S. Coast Guard or the U.S. Power Squadron.

(4) (i) The Department or the Department's designee may issue a 30-day temporary certificate of boating safety education to a person who signs an affidavit stating that the person has read and understood the boating safety education materials provided by the Department.

(ii) The 30-day temporary certificate of boating safety education issued in accordance with subparagraph (i) of this paragraph may be renewed for 1 additional 30-day period.

(5) In lieu of a certificate of boating safety education issued by the Department, a license issued by the U.S. Coast Guard, or a boating safety certificate issued by a unit of the U.S. Coast Guard Auxiliary, the U.S. Power Squadron, or a local board of education, is sufficient to comply with the requirements of this section.

(6) In lieu of a certificate of boating safety education issued by the Department, a boating safety certificate issued in another state in accordance with criteria of the National Association of State Boating Law Administrators is sufficient to comply with the requirements of this section.

(d) Violation. -- On or after July 1, 1988 a person who is subject to the provisions of subsection (a)(1) of this section and who operates on waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971, in violation of any requirement of this section, is guilty of a misdemeanor and on conviction is subject to:

(1) For a first offense, a fine not exceeding $ 25; and

(2) For any subsequent offense that occurs within 2 years of a prior conviction under this section, a fine not exceeding $ 500.

(e) Juvenile violators. -- A juvenile charged with any violation under this section shall be charged as provided in Title 3, Subtitle 8A of the Courts Article.

(f) Enforcement. --

(1) A Natural Resources police officer or other law enforcement officer may enforce the provisions of this section only as a secondary action when the officer detains an operator of a vessel for a suspected violation of another provision of the Code or regulations adopted in accordance with another provision of the Code.

(2) A person may be cited but not apprehended solely for a violation of this section.

§ 8-712 - 3. Rentals of livery vessels

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Livery vessel owner" means a person who engages in whole or in part in the business of renting, leasing, or chartering a Class A vessel for a period of less than 24 hours.

(3) "Class A vessel" means a motorboat that is less than 16 feet in length as defined by the U.S. Coast Guard in 46 C.F.R. § 24.10-17.

(4) "Seaworthy condition" means the ability to withstand ordinary stress of wind, waves, and other weather that the vessel might normally be expected to encounter.

(b) Requirements for rental. -- A livery vessel owner or an agent or employee of the livery vessel owner may not rent or offer for rent a Class A vessel to be operated on the waters of the State unless:

(1) Each vessel is in seaworthy condition and equipped for the waters where the vessel is intended to be used; and

(2) The livery vessel owner or agent or employee of the livery vessel owner possesses a boating safety certificate approved by the Department.

(c) Violations. -- A violation of subsection (b) of this section shall be considered a boating safety violation for purposes of § 8-740(a) of this subtitle.