Missouri Revised Statutes
Chapter 306 - Watercraft Regulation and Licensing — Water Patrol Division
Section 306.435 - Repossessed vessels, motorboats and outboard motors, certificate of title — application, procedure, fee, form of — notice — issued, when — director of revenue, duties, rulemaking authority.

Effective - 28 Aug 2006
306.435. Repossessed vessels, motorboats and outboard motors, certificate of title — application, procedure, fee, form of — notice — issued, when — director of revenue, duties, rulemaking authority. — 1. When the holder of any indebtedness secured by a security agreement or other contract for security covering an outboard motor, motorboat, vessel, or watercraft who has a notice of lien on file with the director of revenue repossesses the outboard motor, motorboat, vessel, or watercraft either by legal process or in accordance with the terms of a contract authorizing the repossession of the outboard motor, motorboat, vessel, or watercraft without legal process, the holder may obtain a certificate of ownership from the director of revenue upon presentation of:
(1) An application form furnished by the director of revenue which shall contain a full description of the outboard motor, motorboat, vessel, or watercraft and the manufacturer's or other identifying number;
(2) A notice of lien receipt or the original certificate of ownership reflecting the holder's lien; and
(3) An affidavit of the holder, certified under penalties of perjury for making a false statement to a public official, that the debtor defaulted in payment of the debt, and that the holder repossessed the outboard motor, motorboat, vessel, or watercraft either by legal process or in accordance with the terms of the contract, and the specific address where the outboard motor, motorboat, vessel, or watercraft is held. Such affidavit shall also state that the lienholder has the written consent from all owners or lienholders of record to repossess the outboard motor, motorboat, vessel, or watercraft or has provided all the owners or lienholders with written notice of the repossession.
2. On an outboard motor, motorboat, vessel, or watercraft, the lienholder shall first give:
(1) Ten days' written notice by first class United States mail, postage prepaid, to each of the owners and other lienholders, if any, of the outboard motor, motorboat, vessel, or watercraft at each of their last mailing addresses as shown by the last prior certificate of ownership, if any issued, or the most recent address on the lienholder's records, that an application for a repossessed title will be made; or
(2) The lienholder may, ten days prior to applying for a repossession title, include the information in the above notice in the appropriate uniform commercial code notice under sections 400.9-613 or 400.9-614. Such alternative notice to all owners and lienholders shall be valid and enforceable under both the uniform commercial code and this section, provided it otherwise complies with the provisions of the uniform commercial code.
3. Upon the holder's presentation of the papers required by subsection 1 of this section and the payment of a fee of ten dollars, the director of revenue, if he is satisfied with the genuineness of the papers, shall issue and deliver to the holder a certificate of title which shall be in its usual form except it shall be clearly captioned "Repossessed Title". Each repossessed title so issued shall, for all purposes, be treated as an original certificate of ownership and shall supersede the outstanding certificate of ownership, if any, and duplicates thereof, if any, on the outboard motor, motorboat, vessel, or watercraft, all of which shall become null and void.
4. In any case where there is no certificate of ownership, or duplicate thereof, outstanding in the name of the debtor on the repossessed outboard motor, motorboat, vessel, or watercraft, the director of revenue shall issue a repossessed title to the holder and shall proceed to collect all unpaid fees, taxes, charges and penalties from the debtor as provided in sections 306.015, 306.030, 306.530 and 306.535, in addition to the fee specified in subsection 3 of this section.
5. The director of revenue may prescribe rules and regulations for the effective administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.
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(L. 1985 H.B. 280, et al. § 301.735, A.L. 2006 S.B. 892)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XIX - Motor Vehicles, Watercraft and Aviation

Chapter 306 - Watercraft Regulation and Licensing — Water Patrol Division

Section 306.010 - Definitions.

Section 306.015 - Vessels, registration, procedure, fee — delinquent application, penalty fee — failure to obtain certificate of title, effect of.

Section 306.016 - United States Coast Guard documented vessels, certificate of registration, requirements — fees and taxes — duration — temporary registration — termination — availability for inspection.

Section 306.020 - Vessels to be numbered — number, where displayed.

Section 306.030 - Certificate of number, application, procedure, contents, fee — numbers, how attached — numbers from federal or other state governments, reciprocity — permanent certificate, when — renewal of certificate, when, how — personal propert...

Section 306.031 - New or replacement identification number of motor or vessel — securing of number — penalty.

Section 306.035 - Certificate of title, form of.

Section 306.040 - Certified number only on boat.

Section 306.050 - Notice of change of address of certificate holder — procedure.

Section 306.060 - Transfer of ownership of boat, application, fee — temporary certificate of number, fee — contents — dealer issue, record required, contents, penalty.

Section 306.075 - Motorized amphibious vehicle, defined — treated as a vessel, not a motor vehicle, exceptions — license required.

Section 306.080 - Vessels exempt from numbering requirements.

Section 306.090 - Maximum sound levels for recreational motorboats — exceptions.

Section 306.100 - Classification of vessels — equipment requirements.

Section 306.109 - Alcoholic drinking devices and containers prohibited on rivers — violation, penalty.

Section 306.113 - Operate defined — probable cause required.

Section 306.115 - Parasailing, requirements, prohibited, when.

Section 306.120 - Towing persons on skis or surfboard, regulations.

Section 306.122 - Motorboat or vessel operator, minimum age, exceptions, penalty.

Section 306.124 - Aids to navigation and regulatory markers defined — water patrol may mark waters, hearing, notice — markings, effect of — disaster, closing of certain waters — violation, penalty.

Section 306.125 - Operation of watercraft, how — restricted areas, certain vessels, speed allowed, penalty for violations — rulemaking authority — exceptions.

Section 306.126 - Motorboats, regulations as to passenger seating while under way — person in water, flag required, when — slow speed required, when — penalty.

Section 306.127 - Boating safety identification card required, when, requirements, fee — inapplicable, when — temporary boater safety identification card issued, when, rules, fee authorized, expiration date.

Section 306.128 - Boating offenses, offender requirements.

Section 306.129 - Rulemaking authority.

Section 306.130 - Regattas, races and other activities, authorization, regulation of.

Section 306.132 - Watercraft to stop on signal of water patrol or emergency watercraft, when — authorized speed near emergency watercraft — penalty.

Section 306.140 - Accident or collision, duties of operator — report required, when.

Section 306.142 - Personal watercraft, regulations — personal flotation devices — age restriction — reasonable and prudent operation — exceptions.

Section 306.147 - Muffler, defined — noise level regulation, muffler system required, certification of manufacturer — exceptions — on-site test to measure noise levels, penalty — application of section.

Section 306.150 - Watercraft livery — records — equipment to be furnished.

Section 306.165 - Water patrol officer, powers, duties and jurisdiction of.

Section 306.167 - Powers of peace officer when working in cooperation with other law enforcement agency.

Section 306.168 - Search warrants, water patrol division may request application for and serve, when.

Section 306.170 - Accident reports to United States on request.

Section 306.180 - Motorboat fund in state treasury, source and use.

Section 306.185 - Water patrol division fund created, use of proceeds.

Section 306.190 - Applicability of regulations — local regulations — special local rules prohibited.

Section 306.200 - Peace officers to enforce.

Section 306.210 - Penalties for violations.

Section 306.215 - Inspections of boats, refusal of or interference with — penalty.

Section 306.217 - Scuba diver's marker, flag required — flag described — boats to avoid — penalty.

Section 306.220 - Personal flotation device, who must wear, when, exception, penalty.

Section 306.221 - Obstruction of traffic or access to boat docks — violation, penalty.

Section 306.225 - Certain counties may regulate size and operation of watercraft on lakes, when (Clay and Jackson counties).

Section 306.250 - Definitions.

Section 306.260 - Boats not to discharge sewage, exception.

Section 306.270 - Marine toilets shall have suitable treatment device.

Section 306.280 - Inspection of boats.

Section 306.290 - Penalties for violations.

Section 306.300 - Definitions — marine sanitation device required — limitations — civil penalty.

Section 306.325 - Vessels on navigable waterways, restrictions on transporting of foodstuffs and beverages — violation, penalty.

Section 306.400 - Liens and encumbrances — valid, perfected, when, how, future advances — boats and motors subject to, when, how determined — revenue to establish security procedure, electronic notices, rulemaking authority.

Section 306.405 - Certificates of title, delivery of, how, to whom — lienholder may elect to have revenue retain electronic title.

Section 306.410 - Duties of parties upon creation of lien or encumbrance — failure of owner to perform certain duties, penalty — name change, authorization to director required.

Section 306.415 - Assignment of lien or encumbrance by lienholder, rights and obligations — perfection by assignee, how.

Section 306.420 - Satisfaction of lien or encumbrance, release of, procedure — duties of lienholder and director of revenue — penalty for unauthorized release of a lien.

Section 306.425 - Provisions of 306.400 to 306.430 exclusive — exceptions.

Section 306.430 - Liens and encumbrances incurred before July 1, 2003 — how terminated, completed and enforced.

Section 306.435 - Repossessed vessels, motorboats and outboard motors, certificate of title — application, procedure, fee, form of — notice — issued, when — director of revenue, duties, rulemaking authority.

Section 306.440 - Owner's failure to indicate lienholder on title application, penalty.

Section 306.455 - Certificate of title for outboard motors and vessels in names of two or more persons, presumptions — exception.

Section 306.456 - Certificate of title for outboard motors and vessels in one person's name, may be surrendered, new certificate issued for one or more other persons — fee.

Section 306.458 - Certificate of title, two or more persons, not held as tenants in common, death of one tenant, transfer to surviving owners, procedure, fee — tenants in common, death of one tenant, procedure to transfer, fee.

Section 306.461 - Certificate of title in beneficiary form — multiple beneficiaries allowed — procedure to issue, content, fee — consent not required for transactions, revocation — interest subject to certain claims — transfer not deemed testamentary...

Section 306.463 - Death of owner and no surviving owner or beneficiary, director of revenue may transfer and issue new certificate, when, procedure to obtain.

Section 306.465 - Rules and regulations, authority to promulgate, procedure.

Section 306.530 - Registration of outboard motors.

Section 306.532 - Certificate of title to designate year of manufacture

Section 306.535 - Applications, contents, fee — not made within certain period, delinquency fee.

Section 306.540 - Registration by director of revenue, when.

Section 306.545 - Registration number — placement.

Section 306.550 - Certificate forms — duties of seller and purchaser — temporary registration number, issuance, contents.

Section 306.555 - Inspection of outboard motors.

Section 306.560 - Outboard motor registration not required for manufacturers, visitors in state, and motors used solely for racing.

Section 306.565 - Fees — disposition.

Section 306.570 - Destruction of records.

Section 306.575 - Penalty for violation.

Section 306.900 - Direct molding process — use of to duplicate hulls prohibited, when — damages and injunctive relief, when.

Section 306.903 - Abandonment of boat dock, penalty — retrieval and disposal — identifying information on dock required, when, penalty.

Section 306.910 - Recreational water use — definitions — brochure, distribution, limitation on cost of.