Maryland Natural Resources Section 8-710.2

Article - Natural Resources

§ 8-710.2.

      (a)      The Department may design temporary certificates of boat number and furnish them to any licensed boat dealer who:

            (1)      Applies for at least 25 of the certificates on a form that the Administration requires; and

            (2)      Submits the fee, not to exceed $1, set by the Department for each certificate with the application.

      (b)      (1)      For any vessel that is to be used principally in Maryland, a licensed dealer may issue 1 temporary certificate of boat number to the person who buys the vessel from the dealer.

            (2)      A dealer may not issue a temporary certificate of boat number unless:

                  (i)      The taxes and other fees as required by this subtitle are paid to the dealer; and

                  (ii)      An application for Maryland certificate of boat title and number or a purchaser's application for transfer of a Maryland certificate of boat title is completed and signed by the purchaser of the vessel.

            (3)      (i)      Before issuing a temporary certificate of boat number, the dealer shall complete the certificate by writing in the information required by the Department.

                  (ii)      A temporary certificate of boat number is not valid unless the dealer completes the certificate as required by this subsection.

            (4)      The dealer may not issue more than 1 temporary certificate for any vessel. If the temporary certificate is lost, stolen, or destroyed, the owner must apply to the Department for a certificate of boat number.

            (5)      Within 30 days after a dealer issues a temporary certificate of boat number, the dealer shall mail a copy of the temporary certificate to the Department.

      (c)      A temporary certificate of boat number expires when the first of either of the following occurs:

            (1)      A certificate of boat number for the vessel is issued by the Department; or

            (2)      90 days expire from the date the temporary certificate was issued by the dealer.

      (d)      (1)      (i)      There is a special fund called the Boat Dealer Assurance Fund.

                  (ii)      All fees collected by the Department under this section shall be credited to the Fund.

            (2)      The Fund shall be used exclusively as provided in this subsection:

                  (i)      To pay title taxes and fees that boat dealers and manufacturers have failed to forward to the Department; and

                  (ii)      For administrative costs calculated in accordance with § 1-103(b)(2) of this article.

            (3)      A payment may be made under this section only if:

                  (i)      A member of the public demonstrates that title taxes and application fees were paid to a dealer and a manufacturer; and

                  (ii)      The dealer or manufacturer has failed to forward the taxes and fees to the Department as required by this subtitle.

            (4)      Attainments to the Fund in excess of an accumulated balance of $100,000 may be expended by the Department for any purpose authorized under § 8-723 of this subtitle. However, any funds not expended pursuant to this subsection or § 8-723 of this subtitle:

                  (i)      Shall remain in the Fund; and

                  (ii)      May not revert to the General Fund.

      (e)      In addition to any other sanction under this subtitle, on failure of a dealer to forward to the Department taxes and fees within 30 days of collection, the Department may declare forfeited the bond or other security filed by the dealer under this subtitle. The Department shall use funds collected through the forfeiture to reimburse the Boat Dealer Assurance Fund for the expense of paying title taxes and fees in accordance with this section.

      (f)      The Department may require the return of all temporary certificates from any dealer who has not complied with any provision of this subtitle.



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