30.553(2)
(2) Upon examination, if a boat manufacturer discovers a discrepancy between the information contained in the department's records and the manufacturer's records, the manufacturer shall notify the department of the discrepancy and the department shall investigate and determine which is the correct information.
30.553 History
History: 1987 a. 397.
30.57
30.57
Perfection of security interests. 30.57(1)(1)
Except as provided in sub.
(2), a security interest in a boat of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the boat unless perfected as provided in this section and ss.
30.572 and
30.573.
30.57(2)(a)
(a) A lien given by statute to a supplier of services or materials for a boat.
30.57(2)(b)
(b) A lien given by statute to the United States, this state or a political subdivision of this state.
30.57(2)(c)
(c) A security interest governed by ch.
409 that is created by a manufacturer or dealer who holds the boat for sale.
30.57(3)
(3) Except as provided in sub.
(4), a security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. The security interest is perfected as of the later of the time of its delivery or the time of the attachment of the security interest.
30.57(4)
(4) If a secured party whose name and address is contained on the certificate of title for a boat acquires a new or additional security interest in the boat, the new or additional security interest is perfected at the time of its attachment under s.
409.203.
30.57(5)
(5) An unperfected security interest is subordinate to the rights of persons described in s.
409.317.
30.57(6)
(6) The rules of priority stated in s.
409.322, the other sections referred to in that section, and subch.
III of ch. 409 shall, to the extent appropriate, apply to conflicting security interests in a boat of a type for which a certificate of title is required.
30.57(7)
(7) The rules stated in subch.
VI of ch. 409 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a boat by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in boats perfected under this section and ss.
30.572 and
30.573.
30.57(8)
(8) If a boat is subject to a security interest when brought into this state, s.
409.316 states the rules which determine the validity and perfection of the security interest in this state.
30.57 History
History: 1991 a. 39;
2001 a. 10.
30.571
30.571
Notification of person who has perfected security interest. If the department receives information from another state that a boat that is titled in this state is being titled in the other state and the information does not show that a perfected security interest, as shown by the records of the department, has been satisfied, the department shall notify the person who has perfected the security interest. The person shall pay the department the fee under s.
30.537 (4) (e) for each notification.
30.571 History
History: 1991 a. 39.
30.572
30.572
Duties on creation of security interest. 30.572(1)(1)
Subsections
(2) to
(4) apply if an owner creates a security interest in a boat of a type for which a certificate of title is required, unless the name and address of the secured party already appears on the certificate of title for the boat.
30.572(2)
(2) At the time that the security interest is created, the owner shall complete, in the space provided on the certificate of title or on a separate form prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party. The owner shall deliver the certificate, application and the fee required under s.
30.537 (4) (d) to the secured party.
30.572(3)
(3) Within 10 days after receipt, the secured party shall deliver the certificate, application and fee to the department.
30.572(4)
(4) Upon receipt of the certificate of title, application and fee, the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to the new secured party and to the register of deeds for the county in which the debtor resides, memoranda, in a form prescribed by the department, of the notation of the security interest upon the certificate. The department shall deliver to the secured party and to the register of deeds additional memoranda of any assignment, termination or release of the security interest.
30.572(5)
(5) A register of deeds may maintain a file of all memoranda received from the department under sub.
(4). A filing, however, is not required for a perfection, assignment or release of a security interest, which is effective upon compliance with ss.
30.57 (3),
30.573 and
30.574.
30.572 History
History: 1991 a. 39.
30.573
30.573
Assignment of security interest. 30.573(1)(1)
Except as otherwise provided in s.
409.308 (5), a secured party may assign, absolutely or otherwise, the secured party's security interest in a boat to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate of title.
30.573(2)
(2) Subject to s.
409.308 (5), to perfect an assignment, the assignee may deliver to the department the certificate of title, the fee required under s.
30.537 (4) (f) and an assignment by the secured party named in the certificate in the form the department prescribes. Upon receipt, the department shall name the assignee as a secured party on the certificate and issue a new certificate.
30.573 History
History: 1991 a. 39;
2001 a. 10.
30.574
30.574
Release of security interest. 30.574(1)(1)
Within one month, or within 10 days following written demand by the debtor, after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a boat under any security agreement perfected under ss.
30.57,
30.572 and
30.573 between the owner and the secured party, the secured party shall execute and deliver to the owner a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub.
(2). If the secured party fails to execute and deliver the release and notice of obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.
30.574(2)
(2) Within 5 days after receipt of the release and notice of obligation, the owner, other than a dealer holding the boat for resale, shall mail or deliver the certificate and release to the department. The department shall release the secured party's rights on the certificate and issue a new certificate.
30.574 History
History: 1991 a. 39.
30.575
30.575
Secured party's and owner's duties. 30.575(1)(1)
A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information about the secured party's security agreement and the indebtedness secured by it.
30.575(2)
(2) An owner shall promptly deliver the certificate of title to any secured party who is named on it or who has a security interest in the boat described in it under any applicable prior law of this state, upon receipt of a notice from the secured party that the secured party's security interest is to be assigned, extended or perfected.
30.575(3)
(3) A secured party who fails to disclose information under sub.
(1) shall be liable to the owner for any loss caused by the failure to disclose.
30.575(4)
(4) An owner who fails to deliver the certificate of title to a secured party requesting it under sub.
(2) shall be liable to the secured party for any loss caused to the secured party by the failure to deliver.
30.575 History
History: 1991 a. 39.
30.576
30.576
Method of perfecting exclusive. 30.576(1)(1)
Except as provided in sub.
(2) and subject to s.
409.311 (4), the method provided in ss.
30.57 to
30.575 of perfecting and giving notice of security interests subject to those sections is exclusive. Security interests subject to ss.
30.57 to
30.575 are exempt from the provisions of law that otherwise require or relate to the filing of instruments creating or evidencing security interests.
30.576(2)
(2) Subsection
(1) does not affect the validity of a security interest perfected before January 1, 1992.
30.576 History
History: 1991 a. 39;
2001 a. 10.
30.577
30.577
Suspension or revocation of certificate of title, certificate of number, or registration. 30.577(1)(1)
The department shall suspend or revoke a certificate of title, certificate of number, or registration for a boat if it finds any of the following:
30.577(1)(a)
(a) The certificate of title, certificate of number, or registration was fraudulently procured, erroneously issued, or prohibited by law.
30.577(1)(b)
(b) The boat has been scrapped, dismantled, or destroyed.
30.577(1)(c)
(c) A transfer of title, certificate of number, or registration is set aside by a court by order or judgment.
30.577(2)
(2) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
30.577(3)
(3) When the department suspends or revokes a certificate of title, certificate of number, or registration, the owner or person in possession of the certificate or registration shall, within 5 days after receiving notice of the suspension or revocation, mail or deliver the certificate or registration to the department.
30.577(4)
(4) The department may seize and impound a certificate of title, certificate of number, or registration that is suspended or revoked.
30.577 History
History: 1991 a. 39;
2015 a. 89.
30.578
30.578
Grounds for refusing issuance of certificate of title. The department shall refuse issuance of a certificate of title if any required fee is not paid or if it has reasonable grounds to believe that any of the following exists:
30.578(1)
(1) The person alleged to be the owner of the boat is not the owner.
30.578(2)
(2) The application contains a false or fraudulent statement.
30.578(3)
(3) The applicant fails to furnish information or documents required by the department.
30.578 History
History: 1991 a. 269.
30.60
30.60
Classification of motorboats. For the purposes of ss.
30.61 and
30.62, motorboats are divided on the basis of their length into 4 classes as follows:
30.60(1)
(1) Class A—those less than 16 feet.
30.60(2)
(2) Class 1—those 16 feet or over but less than 26 feet.
30.60(3)
(3) Class 2—those 26 feet or over but less than 40 feet.
30.60(4)
(4) Class 3—those 40 feet or over.
30.61
30.61
Lighting equipment. 30.61(1)(1)
When lights required; prohibited lights. 30.61(1)(a)
(a) No person shall operate any motorboat at any time from sunset to sunrise unless such motorboat carries the lighting equipment required by this section and unless such equipment is lighted when and as required by this section.
30.61(1)(b)
(b) No owner shall give permission for the operation of a motorboat at any time from sunset to sunrise unless such motorboat is equipped as required by this section.
30.61(1)(c)
(c) No person shall exhibit from or on any motorboat when under way at any time from sunset to sunrise any light which may be mistaken for those required by this section.
30.61(2)
(2) Lights for motorboats of classes a and 1. All motorboats of classes A and 1 when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:
30.61(2)(a)
(a) One lamp aft showing a bright white light all around the horizon.
30.61(2)(b)
(b) One combined lamp in the fore part of the motorboat and lower than the white light aft, showing green to starboard and red to port and so fixed that each side of the combined lamp throws a light from directly ahead to 2 points abaft the beam on its respective side.
30.61(3)
(3) Lights for motorboats of classes 2 and 3. All motorboats of classes 2 and 3 when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:
30.61(3)(a)
(a) One lamp in the fore part of the boat as near the stem as practicable, so constructed as to show an unbroken bright white light over an arc of the horizon of 20 points of the compass and so fixed as to throw the light from directly ahead to 2 points abaft the beam on either side.
30.61(3)(b)
(b) One lamp aft showing a bright white light all around the horizon and higher than the white light forward.
30.61(3)(c)
(c) On the starboard side, one lamp showing a green light, and on the port side, one lamp showing a red light, both fitted with inboard screens of sufficient height and so set as to prevent these lights from being seen across the bow. Each such side lamp shall be so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass and shall be so fixed as to throw the light from directly ahead to 2 points abaft the beam on its respective side.
30.61(4)
(4) Sailboats with motors. Sailboats equipped with motors and being propelled in whole or in part by such motor must comply with sub.
(2) or
(3), whichever is applicable. Whenever such a sailboat is being propelled entirely by sail at any time from sunset to sunrise, it shall have lighted the lamps showing the colored lights specified in sub.
(2) or
(3), but not the lamps showing the white lights, and shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
30.61(5)
(5) Sailboats without motors and rowboats. Every boat propelled by muscular power and every sailboat not equipped with a motor, when under way at any time from sunset to sunrise, shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
30.61(6)
(6) Certain moored, anchored or drifting boats; other structures. 30.61(6)(a)(a) Except as provided under par.
(b), any moored, anchored or drifting boat or any other fixed and floating structure outside designated mooring areas or beyond 200 feet from the shoreline is required to be lighted from sunset to sunrise by a white light visible all around the horizon.
30.61(6)(b)
(b) This subsection does not require any light to be shone from duck blinds constructed on emergent vegetation.
30.61(7)
(7) Performance specifications for lamps. Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles on a dark night with clear atmosphere. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile on a dark night with clear atmosphere.
30.61(8)
(8) Optional lighting requirements. Any boat may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, 1948, federal act of October 11, 1951, (
33 USC 143-147d) as amended, in lieu of the lights required by subs.
(2) and
(3).
30.61(9)
(9) Department to promulgate rules. The department shall promulgate rules modifying or supplementing the lighting requirements of this section as necessary to keep the requirements in conformity with the lighting rules adopted by the U.S. coast guard.
30.61(10)
(10) Operation of personal watercraft. 30.61(10)(a)(a) Notwithstanding subs.
(1),
(2),
(8) and
(9), no person may operate a personal watercraft at any time from sunset to sunrise.
30.61(10)(b)
(b) If a person operates a personal watercraft in violation of par.
(a), the operation shall be subject to additional penalties for any failure to comply with the applicable lighting requirements under subs.
(1),
(2),
(8) and
(9).
30.61 Cross-reference
Cross-reference: See also s.
NR 5.17, Wis. adm. code.
30.62
30.62
Other equipment. 30.62(1)(1)
When equipment required. No person shall operate any boat on the waters of this state unless such boat is equipped as required by this section and the rules of the department promulgated under this section. No owner of a boat shall rent such boat to any other person for use upon the waters of this state unless such boat is equipped at the time of rental as required by this section and the rules of the department promulgated under this section. If such boat is properly equipped at the time of rental for conditions then existing, the responsibility of the owner under this section is met, notwithstanding a subsequent change in the number of passengers or a change in time from daylight to dark.
30.62(2)
(2) Muffler requirement and noise level standards.
