Haw. Rev. Stat. § 200A-1
Short title
This chapter may be cited as the Uniform Certificate of Title for Vessels Act.
Hawaii Revised Statutes Chapter 200A
Hawaii · statute · Haw. Rev. Stat. ch. 200A · 29 active provisions
Provisions
Haw. Rev. Stat. § 200A-2
Definitions
(a) As used in this chapter, unless the context otherwise requires: "Barge" means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. "Builder's certificate" means a certificate of the facts of build of a vessel described in title 46 Code of Federal Regulations section…
Haw. Rev. Stat. § 200A-3
Applicability
Subject to section 200A-28, this chapter applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before July 1, 2018.
Haw. Rev. Stat. § 200A-4
Supplemental principles of law and equity
Unless displaced by any provision of this chapter, the principles of law and equity shall supplement the provisions of this chapter.
Haw. Rev. Stat. § 200A-5
Law governing vessel covered by certificate of title
(a) The local law of the jurisdiction under whose certificate of title a vessel is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, even if no other relationship exis…
Haw. Rev. Stat. § 200A-6
Certificate of title required
(a) Beginning July 1, 2018, and except as otherwise provided in subsections (c) and (d): (1) The owner of a vessel that does not have a valid certificate of number pursuant to section 200-31 or a valid certificate of title pursuant to this chapter shall comply with subsection (b); and (2) The owner of a vessel that has…
Haw. Rev. Stat. § 200A-7
Application for certificate of title
(a) Except as otherwise provided in sections 200A-10, 200A-15, 200A-19, 200A-20, 200A-21, and 200A-22, only an owner may apply for a certificate of title. (b) An application for a certificate of title shall be signed by the applicant and contain: (1) The applicant's name, date of birth, driver's license or civil identi…
Haw. Rev. Stat. § 200A-8
Creation and cancellation of certificate of title
(a) Unless an application for a certificate of title is rejected under subsection (c) or (d), the department shall create a certificate for the vessel in accordance with subsection (b) no later than sixty days after delivery to it of an application that complies with section 200A-7. (b) If the department creates electr…
Haw. Rev. Stat. § 200A-9
Content of certificate of title
(a) A certificate of title shall contain: (1) The date the certificate was created; (2) The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the department's files; (3) The mailing address of the owner of record; (4) The hull identification numbe…
Haw. Rev. Stat. § 200A-10
Title brand
(a) Unless subsection (c) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, if the damage occurred while that person was an owner of the vessel and the person has notice of the damage at the ti…
Haw. Rev. Stat. § 200A-11
Maintenance of and access to files
(a) For each record relating to a certificate of title submitted to the department, the department shall: (1) Ascertain or assign the hull identification number for the vessel; (2) Maintain the hull identification number and all the information submitted with the application pursuant to section 200A-7(b) to which the r…
Haw. Rev. Stat. § 200A-12
Action required on creation of certificate of title
(a) On creation of a written certificate of title, the department shall promptly send the certificate to the secured party of record or, if none, to the owner of record, at the address indicated for that person in the department's files. On creation of an electronic certificate of title, the department shall promptly s…
Haw. Rev. Stat. § 200A-13
Effect of certificate of title
A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate.
Haw. Rev. Stat. § 200A-14
Effect of possession of certificate of title; judicial process
Possession of a certificate of title shall not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate shall not be effective to determine possessory rights to the vessel. This chapter shall not prohibit enforcement under the…
Haw. Rev. Stat. § 200A-15
Perfection of security interest
(a) Except as otherwise provided in this section or section 200A-28, a security interest in a vessel may be perfected only by receipt by the department of an application for a certificate of title that identifies the secured party and otherwise complies with section 200A-7. The security interest is perfected on receipt…
Haw. Rev. Stat. § 200A-16
Termination statement
(a) A secured party indicated in the department's files as having a security interest in a vessel shall deliver a termination statement to the department and, on the debtor's request, to the debtor, by the earlier of: (1) Twenty days after the secured party receives a signed demand from an owner for a termination state…
Haw. Rev. Stat. § 200A-17
Transfer of ownership
(a) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules shall apply: (1) If the certificate is a written certificate of title and the transferor's interest is noted on the certificate, the transferor shall promptly sign the certificate and deliver it to the…
Haw. Rev. Stat. § 200A-18
Effect of missing or incorrect information
. Except as otherwise provided in section 490:9-337, a certificate of title or other record required or authorized by this chapter shall be effective even if it contains incorrect information or does not contain required information.
Haw. Rev. Stat. § 200A-19
Transfer of ownership by secured party's transfer statement
. (a) As used in this section, "secured party's transfer statement" means a record signed by the secured party of record stating: (1) That there has been a default on an obligation secured by the vessel; (2) The secured party of record is exercising or has exercised post-default remedies with respect to the vessel; (3)…
Haw. Rev. Stat. § 200A-20
Transfer by operation of law
. (a) As used in this section: "By operation of law" means pursuant to a law or judicial order affecting ownership of a vessel: (1) Because of death, divorce, or other family law proceeding; merger; consolidation; dissolution; or bankruptcy; (2) Through the exercise of the rights of a lien creditor or a person having a…
Haw. Rev. Stat. § 200A-21
Application for transfer of ownership or termination of security interest without certificate of title
. (a) Except as otherwise provided in section 200A-19 or 200A-20, if the department receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination statement, the department may create a new certificate under this sec…
Haw. Rev. Stat. § 200A-22
Replacement certificate of title
. (a) If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the department's files, the owner of record may apply for and, by furnishing information satisfactory to the department, obtai…
Haw. Rev. Stat. § 200A-23
Rights of purchaser other than secured party
. (a) A buyer in ordinary course of business has the protections afforded by sections 490:2-403(2) and 490:9-320(a) even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created. (b) Except as otherwise provided in sections 2…
Haw. Rev. Stat. § 200A-24
Rights of secured party
. (a) Subject to subsection (b), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, shall be governed by chapter 490. (b) If, while a security interest in a v…
Haw. Rev. Stat. § 200A-25
Duties and operation of department
. (a) The department shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title. (b) The department shall retain in its files all information regarding a security interest in a vessel for at least…
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