§12106 — Title 46 Shipping | U.S. Code

Summary

If a vessel is federally documented, a State may not give it a state title or force it to show state numbers under chapter 123. Any state-issued certificate of title for that documented vessel must be turned in under rules the Secretary sets. If the vessel has a preferred mortgage under section 31322(d), the Secretary can only allow the title to be turned in if the mortgagee (the lender) agrees.

Title 46, §12106

Shipping — Source: USLM XML via OLRC

(a)A documented vessel may not be titled by a State or required to display numbers under chapter 123 of this title, and any certificate of title issued by a State for a documented vessel shall be surrendered as provided by regulations prescribed by the Secretary.

(b)The Secretary may approve the surrender under subsection (a) of a certificate of title for a vessel covered by a preferred mortgage under section 31322(d) of this title only if the mortgagee consents.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1210646:12124.

Editorial Notes

Prior Provisions

A prior section 12106, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 98–454, title III, § 301(b), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, § 6(a)(2), (3), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101–225, title III, § 301(a)(6), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–380, title IV, § 4205, Aug. 18, 1990, 104 Stat. 533; Pub. L. 104–324, title VII, § 743, title XI, § 1113(d), Oct. 19, 1996, 110 Stat. 3942, 3971; Pub. L. 108–293, title VI, § 608(a), Aug. 9, 2004, 118 Stat. 1054, originally derived from section 65i of former Title 46, Shipping, related to coastwise endorsements, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12102, 12112, 12116, 12117, and 12119 of this title.

§12106 Surrender of title and number