# COMAR Title 08 — Department of Natural Resources

## Subtitle 04 — Boating

### Chapter 10 — Certificate of Title

**Authority:** Natural Resources Article, §§8-704(C), 8-716, and 8-722, Annotated Code of Maryland

**Administrative History:** Effective date: August 10, 1974 (1:1 Md. R. 23)

**Administrative History:** Regulation .02 adopted effective October 29, 1975 (2:24 Md. R. 1480)

**Administrative History:** Chapter renumbered effective June 23, 1976 (3:13 Md. R. 721)

**Administrative History:** Chapter revised effective November 28, 2011 (38:24 Md. R. 1500)

#### Regulation .01 Titling Documents.

*COMAR 08.04.10.01*

A. Documents must identify vessel by at least the vessel number or hull identification number.

B. Required ownership transfer elements are purchaser's name, date of purchase, purchase price, and signature of all owners.

C. Any alteration or erasure on an original ownership transfer document invalidates the document.

D. The following documents are required to title a new vessel:

  (1) Original manufacturer's certificate of origin; and

  (2) Original certified bill of sale if any ownership transfer element is missing from the certificate of origin.

E. The following documents are required to title a used vessel:

  (1) When the vessel was previously titled:

    (a) Original certificate of title assigned to the purchaser;

    (b) Original certified bill of sale if any ownership transfer element is missing on the title; and

    (c) Original evidence that lien has been satisfied, when applicable;

  (2) When the vessel was previously registered in a non-title state:

    (a) Copy of the out-of-state registration card or a true test copy of that state’s official vessel record;

    (b) Original certified bill of sale containing all ownership transfer elements; and

    (c) Original evidence that lien has been satisfied, when applicable; and

  (3) When the vessel was previously federally documented:

    (a) Copy of the last effective federal certificate of documentation;

    (b) Original certified bill of sale;

    (c) USCG abstract of title; and

    (d) Original evidence that ship mortgage has been satisfied, when applicable.

#### Regulation .02 Taxable Value of Vessels.

*COMAR 08.04.10.02*

A. Vessel excise tax is levied at the rate of 5 percent of the purchase price of a vessel.

B. The minimum vessel excise tax is $5.

C. Purchase price may be reduced by the value of any vessel traded to a licensed dealer as part of the consideration for the sale.

  (1) Trade value shall be documented using the form provided by the Department.

  (2) Value shall be calculated using one of the following methods:

    (a) Average of BUC Book low and high retail;

    (b) NADA average retail;

    (c) 80 percent of a survey based on a physical inspection of the vessel occurring within the prior 180 days by a surveyor accredited by the Society of Marine Surveyors Inc. or certified by the National Association of Marine Surveyors Inc.

D. Vessel excise tax and fees collected by a licensed dealer must be received by the Department within 30 days of sale.

E. A vessel duly registered in another jurisdiction may use Maryland waters for a cumulative total of 90 days in a calendar year without incurring a vessel excise tax liability. A vessel may remain longer than 90 days without incurring a vessel excise tax liability as long as a greater portion of the year is spent in another single jurisdiction.

#### Regulation .03 Mechanics Lien Title.

*COMAR 08.04.10.03*

A. A mechanics lien is created under Commercial Law Article, §16-201 et seq., Annotated Code of Maryland, when:

  (1) The Applicant, with the consent of the owner, has provided services or materials for a vessel;

  (2) Charges are due and unpaid for 30 days; and

  (3) The Applicant has possession of the vessel.

B. An application for mechanics lien title must include the following:

  (1) Vessel identification;

  (2) Evidence of published notice, with first date of publication at least 14 days prior to sale;

  (3) Evidence of owner and lienholder notification, mailed at least 10 days prior to sale;

  (4) Evidence of indebtedness:

    (a) Owner consent for services provided;

    (b) Invoices dated not later than 30 days prior to sale;

    (c) Invoices and statements with the vessel clearly identified by vessel number or hull identification number; and

    (d) Invoices cannot bill for services provided after the date of owner notification.

  (5) Evidence of sale; and

  (6) Any other documentation required by the Department.

C. Vessel excise tax shall be assessed on:

  (1) Successful bid when vessel is sold in an arm's-length transaction at auction; or

  (2) Total charges claimed when there are no bidders and applicant is granted a mechanics lien title.

D. Mechanics lien title will be issued in applicant's name as shown on invoices and statements submitted as evidence of indebtedness.

#### Regulation .04 Disposal Title.

*COMAR 08.04.10.04*

A. A lienor under Commercial Law Article, §16-201 et seq., Annotated Code of Maryland, may apply for a title for purposes of disposal. Minimum vessel excise tax of $5 will be assessed.

B. Lienor must declare and affirm under penalty of perjury that lienor seeks title for purposes of removal and that the vessel will be destroyed within 90 days of issuance of disposal title.

C. Lienor must provide evidence that vessel has been destroyed.

D. Lienor accepts responsibility for the difference between the minimum vessel excise tax and tax on the total charges claimed in the mechanics lien transaction should the Department subsequently learn that vessel was not destroyed as required.

E. Vessel will be identified as “destroyed” in the permanent records of the Department.

#### Regulation .05 Abandoned Vessel Title.

*COMAR 08.04.10.05*

A. An application for abandoned vessel title under Natural Resources Article, §8-721 et seq., Annotated Code of Maryland, shall include:

  (1) Vessel identification;

  (2) Evidence of published notice;

  (3) Evidence of owner and lienholder notification; and

  (4) Any other documentation required by the Department.

B. Vessel excise tax will be assessed on the fair market value of the vessel as shown in a national publication of used vessel values adopted by the Department.

C. A marina may submit a single abandoned boat application for multiple vessels when;

  (1) The marina was purchased not more than 12 months prior to application;

  (2) Vessels remained on marina property at the time of property transfer without associated ownership and payment records; and

  (3) The contract of sale did not include assumption of accounts receivable.

D. Vessel excise tax shall be assessed on the fair market value of the vessel as shown in a national publication of used vessel values adopted by the Department.

E. Valuation may be adjusted at the Department's discretion based on the physical condition of the vessel.