A. On voluntary transfer of an ownership interest in a watercraft covered by a certificate of title, the following rules apply:
1. If the certificate is a written certificate of title and the transferor's interest is noted on the certificate, the transferor promptly shall sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate has a duty to facilitate the transferor's compliance with this subdivision. A secured party does not have a duty to facilitate the transferor's compliance with this subdivision if the proposed transfer is prohibited by the security agreement.
2. If the certificate of title is an electronic certificate of title, the transferor promptly shall sign and deliver to the transferee a record evidencing the transfer of ownership to the transferee.
3. The transferee has a right enforceable by specific performance to require the transferor comply with subdivision 1 or 2.
B. The creation of a certificate of title identifying the transferee as owner of record satisfies subsection A.
C. A failure to comply with subsection A or to apply for a new certificate of title does not render a transfer of ownership of a watercraft ineffective between the parties. Except as otherwise provided in § 29.1-733.18, 29.1-733.19, 29.1-733.23, or 29.1-733.24, a transfer of ownership without compliance with subsection A is not effective against another person claiming an interest in the watercraft.
D. A transferor that complies with subsection A is not liable as owner of the watercraft for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.
2013, c. 787.
Structure Code of Virginia
Title 29.1 - Wildlife, Inland Fisheries and Boating
§ 29.1-701.1. Authority of Board to set fees
§ 29.1-702. Registration requirements; display of numbers; cancellation of certificate; exemption
§ 29.1-702.1. Making false affidavit or swearing falsely, perjury; penalty
§ 29.1-703. Identification numbers required; decals
§ 29.1-703.1. Temporary registration certificate; fee; application
§ 29.1-704. Recording previously awarded numbers
§ 29.1-705. Change of ownership of motorboat; lost certificates
§ 29.1-706. Agents awarding numbers
§ 29.1-708. Transfer, destruction or abandonment of motorboat
§ 29.1-709. Change of address of certificate holder
§ 29.1-710. Exemption from numbering requirements
§ 29.1-711. Dealers and manufacturers of motorboats
§ 29.1-733.4. Supplemental principles of law and equity
§ 29.1-733.5. Law governing watercraft covered by certificate of title
§ 29.1-733.6. Certificate of title required
§ 29.1-733.7. Application for certificate of title
§ 29.1-733.8. Creation and cancellation of certificate of title
§ 29.1-733.9. Content of certificate of title
§ 29.1-733.11. Maintenance of and access to files
§ 29.1-733.12. Action required on creation of certificate of title
§ 29.1-733.13. Effect of certificate of title
§ 29.1-733.14. Effect of possession of certificate of title; judicial process; levy; penalty
§ 29.1-733.15. Perfection of security interest
§ 29.1-733.16. Termination statement; delivery of certificate of title; penalty
§ 29.1-733.17. Transfer of ownership
§ 29.1-733.18. Effect of missing or incorrect information
§ 29.1-733.19. Transfer of ownership by secured party's transfer statement
§ 29.1-733.20. Transfer by operation of law
§ 29.1-733.22. Replacement certificate of title
§ 29.1-733.23. Rights of purchaser other than secured party
§ 29.1-733.24. Rights of secured party
§ 29.1-733.25. Acquiring title to an abandoned watercraft
§ 29.1-733.26. Duties and operation of the Department
§ 29.1-733.27. Uniformity of application and construction
§ 29.1-733.28. Relationship to Electronic Signatures in Global and National Commerce Act
§ 29.1-734.1. Skin and scuba divers
§ 29.1-735. Regulations for vessel operation and equipment
§ 29.1-735.1. Board authorized to promulgate regulations for seaplanes
§ 29.1-735.2. Boating safety education required; Board to promulgate regulations
§ 29.1-735.3. Regulation of parasail operators
§ 29.1-736. Boat rentals; equipment; safety course
§ 29.1-738.01. Operating boat in an improper manner; penalty
§ 29.1-738.03. Reckless operation of a personal watercraft
§ 29.1-738.1. Analysis of breath to determine alcohol content of blood
§ 29.1-738.2. Consent to blood or breath test
§ 29.1-738.3. Presumptions from alcohol or drug content
§ 29.1-738.4. Additional penalty for reckless or intoxicated operation of a watercraft or motorboat
§ 29.1-738.5. Participation in rehabilitation program
§ 29.1-738.6. When arrested person operating a vessel; how vessel removed from scene of arrest
§ 29.1-739.1. Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty
§ 29.1-739.2. Conservation police officers to patrol lakes
§ 29.1-740. Duty to stop and render assistance; penalties for violations
§ 29.1-741. Furnishing information to agency of United States
§ 29.1-742. Towing water skis, surfboards, etc.
§ 29.1-744. Local regulation; application for placement or removal of "no wake" buoys, etc.
§ 29.1-744.3. Slacken speed and control wakes near structures
§ 29.1-744.4. "Pass-through" zones; local ordinances; penalties
§ 29.1-745. Enforcement of chapter; vessels displaying Coast Guard inspection decal
§ 29.1-748. Restrictions on operation; penalty
§ 29.1-748.1. Local ordinances; operation on lakes; minimum distance from shoreline; penalty
§ 29.1-749. Owner of personal watercraft permitting violation; penalty
§ 29.1-749.1. Identification of personal watercraft rentals
§ 29.1-749.2. Local regulation of personal watercraft rentals; penalty
§ 29.1-749.3. Personal watercraft instruction; rental agents