A. The owner of each motorboat requiring numbering and inspection by this state shall file an application for number with the division on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a three year registration fee as required in Section 66-12-5.1 NMSA 1978. Upon receipt of the application in approved form, the division shall file it and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in the manner prescribed by regulations of the division in order that it is clearly visible but in no case less than three inches in height and of a contrasting color to the boat color. The number shall be maintained in legible condition. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which it is issued whenever the motorboat is in operation.

B. Should the ownership of a motorboat change, prior to operating it on the waters of this state the new owner shall file with the division an application for a new certificate of number in the same manner required for the award of a number under Subsection A of this section.

C. If an agency of the United States has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed by the division pursuant to the Boat Act shall be in conformity with that system.

D. The division may award any certificate of number directly or may authorize any person to act as agent for the awarding. If a person accepts such authorization, he may be assigned a block of numbers and certificates which, upon award in conformity with the Boat Act and with any regulations of the division, are valid as if awarded directly by the division.

E. Every certificate of number awarded pursuant to the Boat Act shall continue in force through December 31 of the third calendar year of registration unless sooner terminated in accordance with the provisions of the Boat Act. A certificate of number may be renewed in the same manner provided for in the initial securing of the certificate and upon payment of the three year registration fee. Each application for renewal of a certificate of number shall be made by the owner on an application form which must be received by the division within sixty days after the expiration date of the certificate.

F. The owner shall notify the division of transfer, destruction or abandonment of the motorboat within fifteen days thereof. The transfer, destruction or abandonment terminates the certificate of number for the motorboat except in the case of a transfer of a part interest which does not affect the owner's right to operate the motorboat. Whenever the certificate of number is terminated, the owner shall return it to the division within fifteen days and state the reason for termination.

G. If there is a change of address, the holder of a certificate of number shall provide to the division the new address, existing certificate of number and a reasonable administrative fee. Upon receipt, the division will issue a new certificate of number.

H. Only the assigned registration number shall be painted, attached or otherwise displayed on either side of the bow of a motorboat.

I. The registration number assigned to the motorboat shall remain the assigned number for the life of the boat, except when a boat is transferred out of state, destroyed or abandoned.

History: 1953 Comp., § 75-35-5, enacted by Laws 1959, ch. 338, § 5; 1963, ch. 45, § 2; 1969, ch. 44, § 1; 1977, ch. 254, § 97; 1983, ch. 41, § 1; 1987, ch. 245, § 2.

The 1987 amendment, effective June 19, 1987, in Subsection A, substituted "shall be accompanied by a three year registration fee" for "shall be accompanied by an annual registration fee"; deleted former Subsection B, relating to motorboats already covered by numbers awarded pursuant to federal law or a federally approved numbering system of another state, and redesignated subsequent subsections accordingly; deleted former Subsection F, which read "All records of the division made or kept pursuant to this section are public records" and redesignated subsequent subsections accordingly; in Subsection E, substituted "three year registration fee" for "annual registration and inspection fee" and deleted "and any application not so received shall be treated as an original application for a certificate of number" from the end of the subsection; in Subsection F, deleted "of all or any part of his interest, other than the creation of a security interest, in a motorboat numbered in this state or of the" following "notify the division of transfer" near the beginning and deleted "the transfer does not terminate the certificate of number" from the end of the second sentence, and made minor stylistic changes; deleted former Subsections I and J, relating to notification of the division of address changes and a prohibition of the painting of numbers above the number awarded to the motorboat; and added Subsections G, H, and I.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Boats and Boating §§ 4, 9, 13, 19, 22.