Title 27 — Transportation

(a) This subchapter shall be known and may be cited as the “Arkansas Motorboat Registration and Titling Act”. (b) The purpose of this subchapter is to establish the requirements and procedures for registering with a certificate of number and titling motorboats manufactured on and…

(a) Chapters 1-99 of this title do not apply to motorboats registered with a certificate of number and titled under this subtitle. (b) This subchapter shall apply only to motorboats manufactured on and after January 1, 2020. (c) Section 27-101-101 et seq., § 27-101-201 et seq., §…

It is a Class A misdemeanor for a person to operate upon the waters of this state a motorboat of a type required to be titled under this subchapter that is not registered with a certificate of number under § 27-101-301 et seq., or for which a certificate of title, if applicable, …

(a) The owner of a motorboat manufactured on and after January 1, 2020, shall apply to the Office of Motor Vehicle for the issuance of a certificate of title or a certificate of title with beneficiary under § 27-101-1013, for the motorboat upon the appropriate forms furnished by …

(a) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the motorboat for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make app…

(1) A certificate of number or transfer of a certificate of number shall not be issued under § 27-101-301 et seq., nor shall a certificate of title be issued under this subchapter, if:(1) The Office of Motor Vehicle has been provided with information leading the Office of Motor V…

(a) The owner of or person having a lien or encumbrance upon a motorboat that has been stolen or embezzled may notify the Office of Motor Vehicle of the theft or embezzlement, but in the event of an embezzlement, may make a report only after having procured the issuance of a warr…

(1) The Office of Motor Vehicle shall file each application received and issue a certificate of title if all the requirements are properly satisfied and shall register the motorboat with a certificate of number and keep a record of the application by suitable methods ensuring the…

(a) (1) The Office of Motor Vehicle, upon registering a motorboat with a certificate of number under § 27-101-304 and upon receipt of a proper application and all required fees, shall issue a certificate of title.(2) The certificate of title shall be of a type that, as nearly as …

It is declared to be the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.

A certificate of title shall remain valid until cancellation by the Office of Motor Vehicle for cause or when a transfer in interest of the motorboat occurs.

(a) (1) A certificate of title issued under this subchapter shall expire upon the determination by the Office of Motor Vehicle that the hull identification number on the motorboat is mutilated, destroyed, or obliterated.(2) Upon expiration of a certificate of title under subdivis…

(a) (1) The Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number under § 27-101-304 or a certificate of title under this subchapter until the department determines whether the motorboat has a primary hull ide…

(a) As used in this section:(1) (A) “Beneficiary” means one (1) person designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of title issued under this chapter.(B) “Beneficiary” does not include a business, firm, partner…

A conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance, or title retention instrument upon a motorboat, other than a lien dependent upon possession, is not valid against the creditors of an owner acquiring a lien by levy or attachment or su…

(a) There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the motorboat…

(1) Upon receipt of an application for a certificate of title accompanied by the documents and fees required under this subchapter, the Office of Motor Vehicle shall:(1) File the application and documents with the date and hour the application and documents were received noted on…

(a) The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the motorboat described in the certificate of title to creditors of the owner, subsequent purchasers, and encumbrancers…

(a) (1) At his or her option, a lienholder may:(A) Record the lien on the manufacturer's certificate of origin;(B) Record the lien on an existing certificate of title; or(C) File with the Revenue Division of the Department of Finance and Administration a certified copy of the ins…

(a) The methods provided in this subchapter of giving constructive notice of a lien or encumbrance upon a motorboat shall be exclusive except as to liens dependent upon possession. (b) Any lien, or encumbrance, or title retention instrument filed as provided in this subchapter, a…

(a) The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other matters relating to the operation, equipment, and numbering whenever any vessel shall be operated on the waters of this state or when any …

(a) It is a Class C misdemeanor for any person to fail or neglect to enter the transferee's name on a properly endorsed certificate of title or fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled to the certificate of …

(a) (1) The transferee of a motorboat shall apply for, or cause to be applied for, a registration with a certificate of number under § 27-101-304 and the issuance of a certificate of title under this subchapter within thirty (30) days after the date of the release of lien by a pr…

(a) Whenever the certificate of title or interest of an owner in or to a registered motorboat is transferred to another person by a method other than voluntary transfer, the registration and certificate of title of the motorboat shall expire, and the motorboat shall not be operat…

(a) A person holding a lien or encumbrance upon a motorboat, other than a lien dependent solely upon possession, may assign his or her certificate of title or interest in or to the motorboat to a person other than the owner without the consent of the owner, and without affecting …

(a) As used in this section, “final payment” means an item is paid when a payee bank or person has:(1) Paid for the item in cash;(2) Settled for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement; or(3) Made a provisional sett…

(a) When satisfied as to the genuineness and regularity of the transfer of a motorboat and of the right of the transferee to receive a new registration and certificate of title under this chapter, the Office of Motor Vehicle shall reregister the motorboat under § 27-101-304 and i…

(a) The owner of a motorboat who has made a bona fide sale or transfer of his or her certificate of title or interest and who has delivered possession of the motorboat to the purchaser or transferee is not liable for any damages resulting from negligent operation of the motorboat…

(a) Whenever the owner of a motorboat registered with a certificate of number under this chapter sells or transfers the certificate of title or interest in and delivers possession of the motorboat to another person, the owner may notify the Office of Motor Vehicle of the sale or …

(a) As used in this section:(1) “Customer” means a person who trades in or otherwise provides a motorboat to a motorboat dealer for resale;(2) “Motorboat dealer” means a recognized motorboat dealer; and(3) “Subsequent purchaser” means a person who buys the motorboat that was prov…

(a) Except as otherwise provided, all fees required under this chapter shall be paid to the Office of Motor Vehicle. (b) The following fees are charged under this subchapter by the Secretary of the Department of Finance an Administration:(1) Certificate of title with beneficiary …

(1) As used in this chapter, unless otherwise specified in the particular subchapter:(1) “Certificate of number” means a motorboat registration or motorboat registration certificate;(2) “Length” means the extreme deck fore-and-aft measurement of a vessel;(3) “Marina” means a dock…

The Secretary of the Department of Finance and Administration may promulgate rules for the administration of this subchapter.

(a) Any person who violates any provision of § 27-101-202(8), §§ 27-101-203, 27-101-301, 27-101-303 — 27-101-306, and 27-101-308 — 27-101-312 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed two hundred …

(a) (1) (A) It shall be the duty of every sheriff, deputy sheriff, state police officer, and enforcement officer of the Arkansas State Game and Fish Commission to enforce the provisions of this chapter, except that it shall be the duty of the Department of Health separately to en…

Jurisdiction to try offenses under this subchapter shall be in the courts of the county where the person owning or operating the boat resides or in the county where the offense is committed or in any county through or by which the boat is being run or operated on the waters of th…

(a) The Arkansas State Game and Fish Commission shall cooperate with agencies of the United States Government in establishing rules and regulations with reference to the operation of vessels on any waters of this state that are maintained or controlled by federal agencies. It is …

(a) A copy of the rules adopted pursuant to this subchapter, § 27-101-201 et seq., § 27-101-301 et seq., § 27-101-501 et seq., § 27-101-601 et seq., and the Arkansas Motorboat Registration and Titling Act, § 27-101-1001 et seq., and of any amendments of those rules shall be filed…

(a) All fines collected for violations of this chapter shall be remitted to the issuing law enforcement office to be used by that office for the administration and enforcement of this chapter. (b) However, fines collected for violations of § 27-101-401 et seq. shall be remitted t…

(a) Except as otherwise provided in this chapter, all fees collected by the Secretary of the Department of Finance and Administration under this chapter shall be deposited as special revenues into the State Treasury to the credit of the Special Revenue Fund Account of the State A…

(a) On or before the fifth of the month next following the month during which the funds shall have been received by him or her, the Treasurer of State shall distribute the funds in the manner provided in this section:(1) Three percent (3%) of the amount to the Constitutional Offi…

(1) An application fee collected by the Office of Motor Vehicle under this chapter shall be:(1) Refunded to the applicant if the application is refused or rejected; or(2) (A) Refunded to the applicant if the fee was not required to be paid under this chapter.(B) A refund shall no…

(a) The Secretary of the Department of Finance and Administration may:(1) Allow payment by credit card of any fees due under this chapter;(2) Promulgate rules providing for payment by credit card of any fees authorized under this chapter; and(3) Contract with credit card companie…

(a) The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of…

(1) No person:(1) Shall operate any motorboat or vessel or manipulate any water skis, aquaplane, personal watercraft, or similar device in a reckless or negligent manner that endangers the life, limb, or property of any person, including but not limited to, weaving through conges…

(a) (1) Every vessel shall have aboard:(A) One (1) United States Coast Guard-approved wearable personal flotation device that is:(i) Used according to its approved conditions;(ii) In good and serviceable condition; and(iii) Of proper size for each person on board;(B) A vessel twe…

(a) The owner of a boat livery shall cause to be kept a record of:(1) The name and address of the person or persons hiring any vessel;(2) The registration number of the vessel if the vessel is designed or permitted to be operated as a motorboat;(3) The departure date and time;(4)…

(a) It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, …

Law enforcement vessels while being used in the enforcement of this chapter shall be exempt from the provisions of § 27-101-202; however, this exemption does not relieve the operator of the responsibility to operate his or her vessel in a reasonable and prudent manner that does n…

(a) (1) (A) It shall be unlawful for the owner of a motorboat of more than fifty horsepower (50 hp) or a personal watercraft to allow the operation of the motorboat or personal watercraft unless it is covered by a liability insurance policy that has been issued by an insurance co…