30 Pa.C.S. Ch. 53

in effect

30 Pa.C.S. § 5301 Registration of motorboats required.

(a) General rule.--Except as provided in section 5302 (relating to exemptions), it is unlawful for any person to operate or navigate, or cause to be operated or navigated, any motorboat upon, over or through the waters of this Commonwealth unless the motorboat is registered in accordance with this subchapter. (b) Out-of-State registration.--When another state is the state of principal operation of a boat and the boat is numbered and validly registered in that state under a numbering system approved by the Secretary of the Federal Department of Transportation, the boat is deemed in compliance with this chapter while temporarily operating on waters of this Commonwealth. (c) Moving boat into this Commonwealth.--When Pennsylvania becomes the place of principal operation of a boat, numbered and validly registered in another state, the number issued by the other state shall be recognized for a period of 60 days from the date the boat is moved to Pennsylvania during which time the owner of the boat shall apply for and obtain a Pennsylvania registration and number. (d) Penalty.--Any person who violates this section commits a summary offense of the third degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Dec. 12, 1991, P.L.368, No.39, eff. imd.; July 2, 1996, P.L.467, No.73) 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5301 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.

30 Pa.C.S. § 5302 Exemptions.

(a) General rule.--The following classes of boats are exempt from the registration requirements of this subchapter: (1) Foreign boats temporarily using the waters of this Commonwealth. (2) Boats, other than boats used for recreational purposes, which are clearly identified as being: (i) owned by the United States; and (ii) used solely for public service functions such as search and rescue. (3) Lifeboats on ships. (4) Boats, other than boats used for recreational purposes, possessing a valid marine document issued by the United States Coast Guard, or any Federal successor thereto, or by any foreign government. (5) Boats not equipped with motors. (b) Exemptions by regulation.--The commission may, by regulation, exempt any additional boat or class of boats from the registration provisions of this subchapter under such conditions as it may prescribe. (c) Exemption from fees.--The following boats are required to register but are exempt from the owner titling and registration fees of section 5104 (relating to fees): (1) Motorboats owned or operated by the Commonwealth. (2) Motorboats owned by public service organizations approved by the commission and used exclusively for training, education, water safety and other public service functions. (3) Motorboats owned by political subdivisions and quasi-public organizations, such as police departments, volunteer fire departments and river rescue units, and used exclusively in the performance of their work in enforcement, furthering safety and search and rescue on the water. (Dec. 12, 1991, P.L.368, No.39, eff. imd.; July 2, 1996, P.L.467, No.73) 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5302 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325. Cross References. Section 5302 is referred to in section 5301 of this title.

30 Pa.C.S. § 5303 Voluntary and special registrations.

Watercraft other than those required to register under this subchapter may be registered at the option of the owner upon payment of the fee specified by section 5104 (relating to fees). (Dec. 12, 1991, P.L.368, No.39, eff. imd.; July 2, 1996, P.L.467, No.73) 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5303 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.

30 Pa.C.S. § 5304 Issuing agents.

(a) Designation.--The commission may designate as issuing agents the county treasurer (or in counties where, by virtue of an optional plan of government or home rule charter, there is no county treasurer, the official who performs the ordinary functions of a county treasurer) or such other persons in each county, as it deems advantageous, to provide for the issuance of boat registrations in accordance with the provisions of this subchapter. (b) Fee.--For all services rendered in collecting and paying over registration fees, each issuing agent shall charge and retain an additional fee not exceeding $2 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees) from the person securing the registration. If the issuing agent is a county treasurer or other official who performs that function, the fee shall be retained for the use of the county. (c) Bond.--Every issuing agent shall give bond to the Commonwealth, in a sum determined by the executive director, before any supply of registration forms is delivered to him. (d) Disposition of moneys.--Every issuing agent shall forward all moneys collected, along with all appropriate forms, to the commission within ten days after receipt of each and every registration. Delinquent agents are subject to a penalty of 10% per month or portion of a month on any outstanding balance of registration money due the commission which is not paid when due, which penalty shall be compounded monthly. The commission may recall the agency of any issuing agent after a delinquency period of 30 days. (d.1) Rules and regulations.--The commission may promulgate such rules and regulations to control and supervise the issuance and transfer of boat registrations by issuing agents as it deems necessary. The commission may establish administrative fees for boat registration issuing agents. County treasurers shall be exempt from payment of any administrative fee established by the commission. (e) Penalty.--An issuing agent violating subsection (d) commits a summary offense of the first degree. Any issuing agent violating any other provision of this section or the rules and regulations of the commission commits a summary offense of the third degree. In addition to the penalty provided in this subsection, any issuing agent violating any provision of this title may have his agency recalled in the discretion of the commission. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; July 2, 1996, P.L.467, No.73; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Dec. 20, 2000, P.L.828, No.115, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment. Act 56 amended subsec. (b). 2000 Amendment. Act 115 amended subsec. (d.1). 1999 Amendment. Act 41 amended subsec. (e) and added subsec. (d.1). 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5304 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325. Cross References. Section 5304 is referred to in section 322.1 of this title.

30 Pa.C.S. § 5305 Application for registration.

(a) General rule.--Any person owning a boat and desiring to register it in this Commonwealth shall make a written application to the commission or to a designated issuing agent. (b) Form and content.--The application shall be made on a form prescribed, prepared and furnished by the commission and, together with such other information as the commission may require, shall state the name and address of the applicant and, if the applicant is a partnership, the names and addresses of all the partners, and, if the applicant is a corporation, the names and addresses of the officers. (c) Penalty.--Any person providing false information in connection with a boat registration commits a summary offense of the second degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Dec. 12, 1991, P.L.368, No.39, eff. imd.) 1991 Amendment. Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.

30 Pa.C.S. § 5306 Certificate of registration.

(a) Issuance.--Upon receipt of a signed application and upon the payment of the annual registration fee, the commission shall issue to the applicant owner a certificate of registration for his boat. The certificate of registration shall be pocket size. (b) Carrying on boat.--The certificate of registration shall be available at all times for inspection on the boat for which issued whenever the boat is in operation, and shall be carried in such manner that it can be handed to any Federal, State or local law enforcement officer authorized to inspect it. The commission may, by regulation, exempt certain classes of boats from this requirement or prescribe alternate compliance requirements. (c) Retention on shore.--The certificate of registration for boats less than 26 feet long, leased or rented for noncommercial use of less than seven days, may be retained on shore by the owner of the boat or his representative at the place from which the boat departs or returns to the possession of the owner or his representative. A boat that does not have the certificate of registration on board shall be identifiable while in use and shall comply with all other requirements. (d) Duplicates.--The commission may issue a duplicate certificate of registration to the owner of a properly registered boat upon application by the owner on a form prescribed by the commission together with payment of the applicable fee. (e) Penalty.--Any person violating any provision of this section commits a summary offense of the fourth degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Dec. 12, 1991, P.L.368, No.39, eff. imd.) 1991 Amendment. Act 39 amended subsecs. (a), (b) and (c). Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.

30 Pa.C.S. § 5307 Dealer registration.

(a) Application and issuance.--The commission will issue to dealers, manufacturers and jobbers special registrations that bear the additional mark "X" upon proper application and payment of the applicable fee. Application for dealer registrations shall be made upon a form provided by the commission, shall set forth the full name and business address of the applicant and such other information as the commission may require and shall be signed by the dealer, manufacturer or jobber. The dealer registration number shall be displayed conspicuously on each side of the bow of the boat being used by the dealer. The commission may issue additional registrations to dealers, manufacturers or jobbers upon proper application and the payment of the applicable fee. (b) Use.--Dealer registrations may be used on any boat owned or in possession of a dealer, manufacturer or jobber and operated by the dealer, manufacturer or jobber or their employees only when the boat is used for any of the following purposes: (1) In the business of the registrant as a dealer, manufacturer or jobber. (2) For the personal pleasure or use of the dealer, manufacturer, jobber, members of his immediate family and regular employees thereof and members of their immediate families. (3) For testing or demonstrating boats in the possession of the dealer, manufacturer or jobber. (4) For lending boats to customers whose boats are being repaired. (5) For lending to prospective buyers for a period not exceeding two days for purposes of demonstrating the boats.

30 Pa.C.S. § 5308 Period of registration.

(a) General rule.--Except as otherwise provided in subsection (b): (1) Registrations issued under this subchapter to owners and dealers shall be valid from April 1 of one year to March 31 of the succeeding year and shall be renewable. A registration for any year shall be valid and may properly be displayed prior to April 1 within that year. (2) The commission may determine to issue registrations valid for a period not to exceed three years upon payment of a fee equal to the annual registration fee times the number of years for which the multiple-year registration is valid. A multiple-year registration shall be valid from April 1 of the year of its issuance until March 31 of the last year of its validity, but a multiple-year registration issued prior to April 1 of any year is valid and may be displayed at any time within that year. (3) The commission may, by regulation, provide for the transfer of multiple-year registrations upon the sale or conveyance of a boat upon payment of the fee provided in section 5104(8) (relating to fees). (b) Calendar-year registrations.--Registrations issued on or after the effective date of this subsection shall be subject to the following provisions: (1) Registrations issued under this subchapter to owners and dealers shall be valid from January 1 through December 31 of the calendar year and shall be renewable. A registration for a calendar year shall be valid and may properly be displayed at any time through December 31 of the calendar year of its issuance. (2) The commission may determine to issue registrations valid for a period not to exceed three years upon payment of a fee equal to the calendar year registration fee times the number of calendar years for which the multiple-calendar-year registration is valid. A multiple-calendar-year registration shall be valid from January 1 of the calendar year of its issuance until December 31 of the last calendar year of its validity and may be displayed at any time through December 31 of the last calendar year of its issuance. (3) The commission may, by regulation, provide for the transfer of multiple-calendar-year registrations upon the sale or conveyance of a boat upon payment of the fee provided in section 5104(a)(8). (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; July 2, 1996, P.L.467, No.73; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; June 27, 2022, P.L.386, No.28) 2022 Amendment. Section 3(2) of Act 28 provided that the amendment of section 5308 shall take effect upon publication in the Pennsylvania Bulletin of the final regulations under section 2 of Act 28. Section 2 of Act 28 provided that, within 18 months of the effective date of section 2, the Pennsylvania Fish and Boat Commission shall promulgate and transmit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin final regulations to implement the amendment of section 5308. Final regulations were published September 9, 2023, at 53 Pa. B. 5615. 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5308 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.

30 Pa.C.S. § 5309 Change of address of registrant.

Any holder of a certificate of registration shall notify the commission within 15 days if his address no longer conforms to the address appearing on the certificate and shall, as a part of the notification, furnish the commission with his new address. The commission may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address of the holder.

30 Pa.C.S. § 5310 Display of registration number.

(a) General rule.--The registration number shown on the certificate of registration shall be painted on or attached to each side of the bow of the boat in order that it may be clearly visible. No other number may be displayed on the bow. The number shall be maintained in a legible condition. (b) Exceptions.--The following boats are exempt from the display of registration numbers: (1) Boats possessing a valid marine document issued by the United States Coast Guard or its successor agency. (2) Any other boat or class of boat which the commission determines by regulation to exempt from the display of numbers upon a finding that such display is not practicable or does not aid materially in the identification of the boat and that does not conflict with Federal numbering requirements. (c) Penalty.--A person who operates a properly registered boat that does not display a proper registration number commits a summary offense of the fourth degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Dec. 12, 1991, P.L.368, No.39, eff. imd.) 1991 Amendment. Section 6 of Act 39 provided that Act 39 shall apply to boat registrations issued for the calendar year 1992 and each year thereafter.

30 Pa.C.S. § 5311 Tampering with identification numbers or capacity plates.

(a) General rule.--No unauthorized person shall erase, deface, change, paint on, alter, remove, destroy or in any way tamper with any registration number or card, capacity plate, hull identification number or any other identification number on a boat or motor. (b) Penalty.--Any person who violates this section commits a summary offense of the first degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000)

30 Pa.C.S. § 5312 Transfer, destruction or abandonment of boat.

The owner of a boat registered in this Commonwealth pursuant to this subchapter or by the Federal Government shall furnish the commission notice of the transfer of all or any part of his interest, other than the creation of a security interest, in a boat or of the destruction or abandonment of the boat within 15 days from the transfer, destruction or abandonment. The transfer, destruction or abandonment shall terminate the certificate of registration for the boat except in the case of a transfer of a part interest which does not affect the right of the owner to operate the boat. (July 2, 1996, P.L.467, No.73) 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5312 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.

30 Pa.C.S. § 5313 Records open to public.

All records relating to registration or numbering made or kept pursuant to this subchapter shall be public records. (July 2, 1996, P.L.467, No.73) 1996 Amendment. Section 4(3) of Act 73 provided that the amendment of section 5313 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325.

30 Pa.C.S. § 5321 Certificate of title required.

(a) General rule.--Except as provided in section 5322 (relating to when certificate of title not required), every owner of a boat required to be registered in this Commonwealth shall apply to the commission for a certificate of title to the boat. (b) Registration without certification prohibited.--The commission shall not register or renew registration of a boat required to be titled under subsection (a) unless a certificate has been issued by the commission or an application for a certificate has been delivered by the new owner to the commission. (c) Penalty.--Failure to obtain a certificate of title as required by law is a summary offense of the second degree.

30 Pa.C.S. § 5322 When certificate of title not required.

(a) General rule.--Except as otherwise provided in subsection (b), no certificate of title shall be required for: (1) A boat which is not required to be registered under Subchapter A (relating to registration). (2) A new boat which is owned by a manufacturer or registered boat dealer before and until sale. (3) A boat owned on the effective date of this subchapter, until the boat is sold or otherwise transferred to another owner. (4) A boat with a model year before 1997. (5) An outboard powered motorboat of less than 14 feet in length. (b) Limitations.--The exemptions set forth in subsection (a) shall not apply to any boat previously titled in Pennsylvania or any other state, provided that the owner of a boat titled in another state shall not be required to obtain a Pennsylvania title for such boat until it is registered in Pennsylvania or until its ownership is transferred to another person. Cross References. Section 5322 is referred to in section 5321 of this title.

30 Pa.C.S. § 5323 Content and effect of certificate of title.

(a) Identification and encumbrances.--A certificate of title shall contain such description and other evidence of identification of the boat for which it was issued as the commission may deem necessary, together with a statement of any liens or encumbrances, including the names and addresses of the holder or holders of the liens and encumbrances. (b) Certificate as evidence and notice.--A certificate of title issued by the commission is prima facie evidence of the facts appearing on the certificate. Except as otherwise provided in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security interests in property subject to certain statutes, regulations and treaties), 9315(c) and (d) (relating to secured party's rights on disposition of collateral and in proceeds) and 9316(d) and (e) (relating to effect of change in governing law), the certificate shall be adequate notice to the Commonwealth, creditors, subsequent lienholders and purchasers that a lien against the boat exists. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 27, 2013, P.L.154, No.30, eff. July 1, 2013) 2013 Amendment. Act 30 amended subsec. (b).

30 Pa.C.S. § 5324 Refusing issuance of certificate of title.

The commission may refuse issuance of a certificate of title when it has reasonable grounds to believe: (1) A required fee has not been paid. (2) Taxes payable under the laws of this Commonwealth on or in conjunction with or resulting from acquisition or use of the boat have not been paid. (3) The applicant is not the owner of the boat. (4) The application contains false or fraudulent statements. (5) The applicant has failed to furnish required information or documents or any additional information the commission reasonably requires.

30 Pa.C.S. § 5325 Rules and regulations.

(a) General rule.--The commission shall, within one year of the date of enactment of this subchapter, promulgate the rules and regulations necessary to carry out the provisions of this subchapter, including regulations pertaining to, but not limited to: (1) Application procedure for certificates of title. (2) Contents of applications. (3) Boats brought into this Commonwealth from outside of this Commonwealth. (4) Boats purchased from dealers. (5) Boats sold or transferred privately. (6) Specially constructed or reconstructed boats. (7) Delivery of certificate of title. (8) Duplicate or replacement titles. (9) Transfer of ownership of boats. (10) Transfer to or from manufacturer or dealer. (11) Repossession of boats. (12) Boats which are junked, destroyed, lost, stolen or abandoned. (13) Voluntary titling of boats by owners prior to sale or transfer. (14) Suspension or cancellation of certificate of title. (15) Creation and perfection of security interests in boats. (16) Assignments of security interests. (17) Satisfaction of security interests. (18) Recordkeeping, documentation and information verification regarding boats. (b) Penalties.--Any person who violates a rule or regulation promulgated under this section commits a summary offense of the third degree. (Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000) 1999 Amendment. Act 41 amended subsec. (b). Effective Date. Section 4(1) of Act 73 of 1996 provided that section 5325 shall take effect in 60 days. Cross References. Section 5325 is referred to in section 5328 of this title.

30 Pa.C.S. § 5326 Offenses relating to titling.

(a) Prohibited acts.--The following acts are prohibited: (1) Operating a boat in this Commonwealth for which a certificate of title is required without having obtained the certificate of title for the boat. (2) Selling, transferring or otherwise disposing of a boat without delivering to the purchaser or transferee a certificate of title, or a manufacturer's or importer's certificate, assigned to the purchaser or transferee as required by this subchapter. (3) Failing to surrender to the commission any certificate of title upon cancellation of the same by the commission for any valid reason set forth in this subchapter or regulations adopted under this subchapter. (4) Altering or forging any certificate of title to a boat or any assignment thereof or any cancellation of any lien on a boat. (5) Altering, forging or counterfeiting any certificate of title or a manufacturer's or importer's certificate to a boat. (6) Altering or falsifying any assignment of a certificate of title or an assignment or cancellation of a security interest on a certificate of title of a boat. (7) Holding or using a certificate of title to a boat or holding or using any assignment or cancellation of a security interest on a certificate of title to a boat, knowing it to have been altered, forged, counterfeited or falsified. (8) Using a false or fictitious name or address, making any material false statement or concealing any material fact in any application for a certificate of title or in a bill of sale or sworn statement of ownership. (9) Procuring or attempting to procure a certificate of title to a boat or passing or attempting to pass a certificate of title or any assignment thereof to a boat, knowing or having reason to believe that the boat has been stolen. (10) Possessing, buying, receiving, selling or offering to sell or otherwise disposing of a boat on which the manufacturer's or assigned hull identification number has been destroyed, removed, covered, altered or defaced, knowing of such destruction, removal, covering, alteration or defacement of the manufacturer's or assigned hull identification number. (11) Destroying, removing, covering, altering or defacing the manufacturer's assigned hull identification number on any boat. (12) Possessing, buying, selling, exchanging or giving away or offering to buy, sell, exchange or give away the certificate of title to any boat which is junked or salvaged. (13) Knowingly obtaining goods, services, credit or money by means of a certificate of title to a boat, which certificate is required by law to be surrendered to the commission. (b) Penalties.--A person who violates subsection (a)(1) through (3) commits a summary offense of the second degree. A person who violates subsection (a)(4) through (13) commits a misdemeanor of the third degree.

30 Pa.C.S. § 5327 Fees.

(a) General rule.--Except as provided under subsection (b), the following fees shall be due: (1) The fee for issuance of a certificate of title shall be $15. (2) The fee for a duplicate certificate of title shall be $5. (3) The fee for recording or changing the amount of security interest on a certificate of title shall be $5. (4) The fee for copies of or information relating to a title or security interest shall be $5. (5) The fee for issuing or providing copies of any other official document issued under the authority of this chapter shall be $5. (6) The fee for continuing the effectiveness of perfection of a security interest shall be $5. (b) Changes to fees.--The fees listed under this section may be changed by the commission in accordance with section 322.1 (relating to power to set fees). (June 8, 2001, P.L.123, No.18, eff. July 1, 2001; July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 5327 is referred to in section 322.1 of this title.

30 Pa.C.S. § 5328 Implementation.

The commission shall issue certificates of title as provided for in this subchapter on and after the effective date of the regulations promulgated under the authority of section 5325 (relating to rules and regulations).

30 Pa.C.S. § 5331 Scope of subchapter.

(a) General rule.--This subchapter covers boat and marine forfeitures. (b) Legislative intent.--It is the intent of the General Assembly that this subchapter act in concert with 75 Pa.C.S. Ch. 73 Subch. B (relating to watercraft trailer forfeiture). (c) Applicability.-- (1) The provisions of this subchapter shall only apply to a boat and related equipment with a resale value based upon established industry standards equal to or less than the maximum amount set forth in this subsection. (2) The maximum amount for the year 2006 shall be $5,000. Thereafter, the maximum amount shall be fixed annually by the commission based upon the maximum amount in the prior year as adjusted to reflect the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the United States for all items as published by the United States Department of Labor, Bureau of Labor Statistics, for the previous 12-month period. The maximum amount as adjusted shall be rounded to the nearest multiple of $5. (3) The commission shall give notice of the new maximum amount by publication in the Pennsylvania Bulletin in the third publication in March of each year.

30 Pa.C.S. § 5332 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Customer." A person who contracts for the services of a marine business concerning a boat, any related equipment or a watercraft trailer. "Marine business." A person who repairs, remanufactures, restores, alters, stores, cleans or holds for brokerage or consignment sale boats, any related equipment or watercraft trailers. This term includes, but is not limited to, a marina, watercraft dealer, watercraft trailer dealer, boat club, yacht club, repair facility or storage facility. "Related equipment." Personal property: (1) related to a boat in the possession of a marine business, including a motor; or (2) found in or on a boat in the possession of a marine business. The term does not include a watercraft trailer as defined in 75 Pa.C.S. § 7322 (relating to definitions). "Terminal date." Either of the following: (1) In the case of any repair, remanufacture, restoration, alteration, cleaning or storage, absent a written agreement to the contrary, the term means the date upon which a bill is mailed or otherwise provided to the customer for a completed repair, remanufacture, restoration, alteration, cleaning or storage for a boat, related equipment or watercraft trailer. (2) In the case of consignment or brokerage, the term means the last date under the brokerage or consignment contract or agreement. "Watercraft trailer." A trailer designed or used to transport watercraft.

30 Pa.C.S. § 5333 Liens.

A marine business shall have a lien, dependent upon possession, on a boat and any related equipment belonging to an owner for the balance due the marine business from such owner for any repair, remanufacture, restoration, alteration, storage, cleaning, consignment or brokerage of a boat and any related equipment. The marine business may retain possession of a boat and any related equipment until the charges are paid.

30 Pa.C.S. § 5334 Notice for boats and related equipment.

Any time 30 days after the terminal date, if a marine business chooses to have all rights, title and interest in a boat or any related equipment transferred to the marine business by operation of law, the marine business shall on the same day send the following two written notices by certified mail, return receipt requested: (1) To an address designated in writing by the customer or, if not so designated, to the customer's last known address, indicating that the marine business intends to terminate all rights, title and interest in the boat or any related equipment by operation of law under this subchapter. If the marine business is sending a notice to the customer pursuant to 75 Pa.C.S. § 7324 (relating to notification by watercraft trailer dealer), it may send the notice required by this paragraph in the same mailing. The notice shall contain: (i) The name, address and telephone number of the marine business. (ii) A description of the boat, including make, model and year, and the hull identification number, a registration number or temporary decal number. (iii) A description of any related equipment. (iv) Notice that the marine business intends to terminate the owner's and lienholder's rights, title and interest in the boat and any related equipment by operation of law under this subchapter. (v) The amount which must be paid to the marine business to redeem the boat and any related equipment as of the date of the notice. (2) To the commission indicating that the marine business intends to terminate all rights, title and interest in the boat or any related equipment by operation of law under this subchapter. This notice shall be accompanied by a fee of $50 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees) and shall be on a form prescribed by the commission. (July 10, 2020, P.L.604, No.56, eff. imd.) Cross References. Section 5334 is referred to in sections 322.1, 5336, 5339 of this title; section 7324 of Title 75 (Vehicles).

30 Pa.C.S. § 5335 Notice for watercraft trailers.

If a watercraft trailer dealer chooses to have all rights, title and interest in a watercraft trailer transferred to a watercraft trailer dealer by operation of law, it shall follow the notice provisions of 75 Pa.C.S. § 7324 (relating to notification by watercraft trailer dealer).

30 Pa.C.S. § 5336 Responsibility of commission.

(a) Notice to lienholders and other persons.--Upon receipt of the notice specified in section 5334 (relating to notice for boats and related equipment), the commission shall: (1) If the boat is registered or titled in this Commonwealth, notify, if on record with the commission, any lienholders and the owner or, if the boat is not titled, the last registrant by certified mail, return receipt requested, that a marine business intends to acquire all rights, title and interest in the boat or any related equipment. The notice shall contain the name, address and telephone number of the marine business. (2) If the boat has a registration number, temporary decal number or other identifying indicia evidencing that the boat is registered or titled in another state or is federally documented, the commission shall contact the other state or the United States Coast Guard and attempt to ascertain the name and address of any lienholder and the last registrant or owner. The commission shall provide notice to those persons by certified mail, return receipt requested, that a marine business intends to acquire all rights, title and interest in the boat or any related equipment. The notice shall contain the name, address and telephone number of the marine business. (b) Notice to marine business.--The commission shall notify the marine business: (1) that the commission notified any lienholders and the owner of the boat or, in the case of an untitled boat, the last registrant in accordance with this section; or (2) that the commission was unable to provide notice in accordance with this section. Cross References. Section 5336 is referred to in section 5337 of this title.

30 Pa.C.S. § 5337 Publication for boats and related equipment.

(a) General rule.--At any time after the date the marine business receives notice from the commission pursuant to section 5336 (relating to responsibility of commission), the marine business shall publish a notice, once a week for two consecutive weeks, in a newspaper of general circulation published in the county where the marine business is located, describing the boat or any related equipment and any identifying data as prescribed by the commission. (b) Contents of notice.--The notice shall include information that all rights, title and interest in the boat or any related equipment shall be transferred to the marine business by operation of law unless the boat or any related equipment is redeemed within 30 days of the date of the second publication. This notice may be combined with a publication of notice pursuant to 75 Pa.C.S. § 7326 (relating to publication). Cross References. Section 5337 is referred to in sections 5339, 5340 of this title; section 7326 of Title 75 (Vehicles).

30 Pa.C.S. § 5338 Publication for watercraft trailers.

If a watercraft dealer chooses to have all rights, title and interest in a watercraft trailer transferred to a watercraft trailer dealer by operation of law, it shall follow the publication provisions of 75 Pa.C.S. § 7326 (relating to publication).

30 Pa.C.S. § 5339 Redemption.

(a) Notice.--Upon request of the customer, any lienholder or the owner of a boat or any related equipment, the marine business shall provide the amount necessary under subsection (b), at the time of the request, to redeem the boat and any related equipment. (b) Charges and expenses.--Prior to the forfeiture of a boat and any related equipment under this subchapter, the customer, any lienholder or the owner of a boat or any related equipment may pay the amount necessary to satisfy: (1) All charges due the marine business for the repair, remanufacture, restoration, alteration, storage, cleaning, consignment or brokerage of the boat and any related equipment. (2) Reasonable expenses associated with the mailing of notices under section 5334 (relating to notice for boats and related equipment) and the publication of notice under section 5337 (relating to publication for boats and related equipment). (c) Return of property.--Upon payment of all charges and expenses under subsection (b), the marine business shall return the boat and any related equipment to the customer, lienholder or owner and shall thereafter have no liability to any person with respect to the boat and any related equipment.

30 Pa.C.S. § 5340 Forfeiture.

A boat and any related equipment that is not redeemed within 30 days of the second publication under section 5337 (relating to publication for boats and related equipment) is deemed forfeited to the marine business, and any prior right, title or interest in the boat and any related equipment is terminated. The marine business shall make application for a certificate of title for the boat with the commission within 30 days of the date of forfeiture.

30 Pa.C.S. § 5341 Rights acquired by good faith purchaser.

A purchaser in good faith of a boat or any related equipment sold by a marine business after forfeiture under this subchapter takes the boat or any related equipment free of all liens and encumbrances despite noncompliance by the marine business with the requirements of this subchapter.

30 Pa.C.S. § 5342 Other remedies.

The provisions of this subchapter are in addition to any and all other remedies available to a marine business. This subchapter shall not foreclose any other remedies available to a marine business at law or in equity.

30 Pa.C.S. § 5343 Construction.

Nothing in this subchapter shall be construed to authorize a marine business to transfer any right, title or interest in a boat or any related equipment in violation of section 307 of the Servicemembers Civil Relief Act (Public Law 108-89, 50 App. U.S.C. § 537) or 51 Pa.C.S. § 4105 (relating to exemption from civil process).

30 Pa.C.S. § 5344 Rules and regulations.

(a) General rule.--The commission may promulgate rules and regulations as it deems necessary to carry out the provisions of this subchapter. (b) Penalty.--Any person who violates a rule or regulation promulgated under this section commits a summary offense of the third degree.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=30Fetched: 10/16/2026