2020 Georgia Code
Title 52 - Waters of the State, Ports, and Watercraft
Chapter 7 - Registration, Operation, and Sale of Watercraft
Article 1 - General Provisions
§ 52-7-4. Requirement as to Numbering of Vessels; Titling; Requirements for Hull Damaged Vessel

1. Every vessel using the waters of this state shall be numbered, except those vessels exempted by Code Section 52-7-6 and those vessels documented by the United States Coast Guard and licensed pursuant to Code Section 27-2-8.No person shall operate or give permission for the operation of any such vessel on the waters of this state unless the vessel is numbered in accordance with this article or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state and unless:
   1. The certificate of number issued to the vessel is on board and in full force and effect; and
   2. The identifying number set forth in the certificate of number is properly displayed on each side of the forward half of the vessel; provided, however, that this requirement shall not apply to numbered vessels which are documented by the United States Coast Guard.
2. Every vessel using the waters of this state shall be titled unless it is exempt from the numbering requirements of subsection (a) of this Code section or exempt under Code Section 52-7-7.No person shall operate or give permission for the operation of any such vessel on the waters of this state unless the vessel is titled in accordance with this article. Every outboard motor greater than 25 horsepower used to propel a titled vessel shall be included on the vessel title.
3. Except as provided in subsection (e) of this Code section, at or before the time the owner of record transfers an ownership interest in a hull damaged vessel that is covered by a certificate of number created by the department, if the damage occurred while such person was an owner of the vessel and the person has notice of the damage at the time of the transfer, the owner shall:
   1. Deliver to the department an application for a new certificate of number that includes the title brand designation "Hull Damaged"; or
   2. Indicate on the certificate of title or on the bill of sale or other transfer document in the place designated for such purpose that the vessel is hull damaged and deliver the certificate or other transfer document to the transferee.
4. Not later than 20 days after delivery to the department of the application under paragraph (1) of subsection (c) of this Code section or the delivery to the transferee of the certificate of title or bill of sale under paragraph (2) of subsection (c) of this Code section, the department shall create a new record that indicates that the vessel is branded "Hull Damaged."
5. Before an insurer transfers an ownership interest in a hull damaged vessel that is covered by a certificate of number created by the department, the insurer shall deliver to the department an application for a new certificate that includes the title brand designation "Hull Damaged."Not later than 20 days after delivery of the application to the department, the department shall create a new record which indicates that the vessel is branded "Hull Damaged."
6. An owner of record that fails to comply with subsection (c) of this Code section, a person that solicits or colludes in a failure by an owner of record to comply with subsection (c) of this Code section, or an insurer that fails to comply with subsection (e) of this Code section is subject to a civil penalty of $1,000.00.
7. For the purposes of this Code section, the term "Hull Damaged" means compromised with respect to the integrity of a vessel's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence that creates a significant risk to the integrity of the vessel's hull.

(Ga. L. 1960, p. 235, § 5; Ga. L. 1973, p. 1427, § 4; Ga. L. 1987, p. 567, § 2; Ga. L. 1988, p. 410, § 2; Ga. L. 2019, p. 755, § 3/HB 314.)

The 2019 amendment, effective July 1, 2020, designated the existing provisions of this Code section as subsection (a) and added subsections (b) through (g).

- Ga. L. 2019, p. 755, § 1/HB 314, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Uniform Certificate of Title for Vessels Act.'"

Ga. L. 2019, p. 755, § 2/HB 314, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) Titles for vessels in this state would deter and impede theft;

"(2) Titles for vessels in this state would facilitate the ownership, transfer, and financing of such vessels; and

"(3) Titling of vessels would create equity and fairness for the selling of vessels by dealers, brokers, agents, private parties, and manufacturers."

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Boats and Boating, §§ 4, 22.