Section 46-22.1-2 Definitions.

RI Gen L § 46-22.1-2 (2019) (N/A)
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§ 46-22.1-2. Definitions. As used in this chapter, the following words have the meanings indicated:

(1) "Amphibious vehicle" means a vehicle which may be propelled both on water and land.

(2) "Certificate" means any certificate of title issued.

(3) "Dealer" means any person who engages in whole or in part in the business of buying, selling, or exchanging new and unused vessels, or used vessels, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of vessels. A yacht broker is a dealer.

(4) "Department" means the department of environment management.

(5) "Director" means the director of the department of environmental management.

(6) "Documentation papers" means those papers issued to a documented vessel by the United States Coast Guard or any federal agency successor thereto.

(7) "Documented vessel" means a vessel which has valid documentation papers issued by the United States Coast Guard or any federal agency successor thereto.

(8) "Homemade vessel" means any vessel built after October 31, 1972 for which a federal identification number is not required to be assigned to it by the manufacturer pursuant to federal law, or any vessel constructed or assembled prior to November 1, 1972, by other than a licensed manufacturer for his or her own use or the use of a specific person. In no event shall a rebuilt or reconstructed vessel be construed to be a homemade vessel.

(9) "Lien holder" means a person holding a security interest.

(10) "Manufactured vessel" means any vessel built after October 31, 1972, for which a federal identification number is required pursuant to federal law, or any vessel constructed or assembled prior to November 1, 1972, by a duly licensed manufacturer.

(11) "Manufacturer" means any person engaged in the business of manufacturing or importing new and unused vessels for the purpose of sales or trade.

(12) "Manufacturer's Statement of Origin, (M.S.O.)" means the original written instrument or document required to be executed and delivered by the manufacturer to his or her agent or a dealer, or a person purchasing a vessel directly from the manufacturer, certifying the origin of the vessel or hull.

(13) "Master Carpenter's Certificate, (M.C.C.)" means the certificate issued by a carpenter who builds wooden vessels for sale or resale.

(14) "Operating" means to navigate or otherwise use a vessel.

(15) "Operator" means the person who operates or has charge of the navigation or use of a vessel.

(16) "Owner" means a person, other than a lienholder, having a property interest in or title to a vessel. The term includes a person entitled to use or have possession of a vessel subject to an interest in another person, reserved, or created by agreement and securing payment or performance of an obligation, but it does not include a lessee under a lease not intended as security.

(17) "Proceeds" means and includes whatever is received when collateral or proceeds is sold, exchanged, collected, or otherwise disposed of. The term also includes the account arising when the right to payment is earned under a contract right. Money, checks, and the like are cash "proceeds". All other proceeds are "noncash proceeds".

(18) "Security interest" means an interest which is reserved or created by an agreement which secures payment or performance of an obligation, and is valid against third parties generally.

(19) "Ship's lifeboat" means a lifeboat used solely for lifesaving purposes. This term does not include dinghies, tenders, speedboats, or other types of craft, whether or not carried aboard a vessel, where the dinghies, tenders, speedboats, or other types of craft are not used solely for lifesaving purposes.

(20) "State" means the state of Rhode Island.

(21) "State of principal use" means the state on whose waters a vessel is used or to be used most during a calendar year.

(22) "Use" means to operate, navigate, or employ a vessel. A vessel is in use whenever it is upon the water.

(23) "Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water.

(24) "Waters of the state" means any water within the jurisdiction of the state, the marginal sea adjacent to the state, and the high seas when navigated as part of a ride or journey to or from the shore of the state.

(25) "Z Hull identification number" means a hull identification number which is assigned to a homemade vessel by the department of environmental management. The number shall consist of twelve (12) characters with the first three (3) characters being the letters "R.I.Z.", which will identify the hull number as being issued by the state of Rhode Island.

History of Section. (P.L. 1988, ch. 551, § 1.)