Ariz. Admin. Code § 12-4-527

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-4-527 - Transfer of Ownership of a Towed Watercraft

A. For the purpose of this Section, "towed watercraft" means a watercraft that has been impounded by or is in the possession of a towing company located in this state.

B. Within 15 days of impounding a watercraft, a towing company shall submit a request to the Department for watercraft registration information as prescribed under A.R.S. § 5-324 and in compliance with A.R.S. § 5-399. The towing company shall present the towed watercraft to the closest Department office for identification if there is no discernible hull identification number or state-issued registration number.

C. Within 15 days of receiving the watercraft registration information from the Department, the towing company shall provide written notification by certified mail return receipt requested to the owner and lienholder, if known, of the watercraft's location.

D. If a watercraft remains unclaimed 15 days after the date of mailing the written notification to the owner and lienholder as required under subsection (C) of this Section, the towing company shall submit all of the following to the Department:

1. Evidence of compliance with notification requirements prescribed under A.R.S. § 5-399 and subsection (C);

2. A report on a form furnished by the Department and available at any Department office. The form shall include all of the following information:

a. Name of towing company;

b. Towing company's business address;

c. Towing company's business telephone number;

d. Towing company's Arizona Department of Public Safety tow truck permit number;

e. Towed watercraft's hull identification number, if known;

f. Towed watercraft's state-issued registration number, registration decal, and year of expiration, if known;

g. Towed watercraft's trailer license number, if available;

h. State and year of trailer registration, if available;

i. Towed watercraft's color and manufacturer, if known;

j. Towed watercraft's condition, whether intact, stripped, damaged, or burned, along with a description of any damage;

k. Date the watercraft was towed;

l. Location from which the towed watercraft was removed;

m. Entity that ordered the removal of the towed watercraft, and if a law enforcement agency, include officer badge number, jurisdiction, and copy of report or towing invoice;

n. Location where the towed watercraft is stored; and

o. Name and signature of towing company's authorized representative; and

3. Twenty-five dollar application fee authorized under A.R.S. § 5-399.03(2) and established under R12-4-504.

E. The towing company shall notify the Department within 24 hours if the watercraft is released, returned to, redeemed, or repossessed by the owner, lienholder, or by a person identified in the Department's record as having an interest in the watercraft.

F. If the Department is unsuccessful in its attempt to identify or contact the registered owner or lienholder of the towed watercraft and has determined the towed watercraft is not stolen, the towing company shall:

1. Follow the application procedures established under A.R.S. § 5-399.02(B), and

2. Apply for watercraft registration as established under R12-4-502.

G. A towing company that obtains ownership of a watercraft pursuant to A.R.S. § 5-399.02 and this Section shall maintain the following records for a period of three years from the date the Department transferred ownership of the towed watercraft:

1. The request made pursuant to A.R.S. § 5-324.

2. The notification provided pursuant to A.R.S. § 5-399.

3. The application for transfer of ownership pursuant to A.R.S. § 5-399.02.

4. Any other documents required by the Department.

Ariz. Admin. Code § R12-4-527

New Section made by emergency rulemaking under A.R.S. § 41-1026 at 9 A.A.R. 1241, effective May 26, 2003 for a period of 180 days (Supp. 03-1). Emergency rulemaking repealed under A.R.S. § 41-1026(E) and permanent new Section made by final rulemaking at 9 A.A.R. 1613, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by exempt rulemaking at 23 A.A.R. 1034, effective 8/5/2017. Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017.