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goneboatin
04-18-2004, 11:35 AM
This last week I was pulled over on the Parker Strip up by the dam. My wife was laying on the engine cover and I was s-l-o-w-l-y cruising back up to the dam to float back. The sheriff was pleasent and did not cite me for "moving a greater than wake speed, (I did have a wake, but you create one from going up against the current). I didn't argue with him. He did a safety check, life vests, type 4 flotation device, and fire extinguisher. He checked my registration (a copy), and asked if I owned property in Arizona. I said not yet, but we're looking. He told me that I could not have my boat registered in Az without being a resident. I told that it shows on the registration that I paid the $20 non-resident fee in addition to the registration fees; and this is the only place other than Havasu that I use the boat at. He said that the Az fish and game dept. handles the boat registrations and they don't do things the right way. He said since I've paid my fees up to 10/05, he won't cite me, but when it's due again, register my boat in CA. It sounds like BS to me.
Has anyone out there had this problem before?

Havasu_Dreamin
04-18-2004, 12:18 PM
That sounds like BS to me as well. Had the boat registered in AZ since 2000 as a non-resident. Granted, never been stopped by the law but if you could not register as an out of state resident, then why do they allow you to do so?

DeltaSigBoater
04-18-2004, 12:36 PM
What sheriff department was he with? ist the river patroled by both Riverside County and Mohave County?
But in the end its just another l.e.o. who isnt correctly informed on the law.

RUCAV
04-18-2004, 12:49 PM
When I bought my boat, Ultra asked me if I wanted it registered in AZ, which I did. AZ even sent the AZ registration tags to my house in Huntington Beach. I store my boat in Havasu and it is only used in AZ. so if I get stopped, thats the line they're getting. Anyways, it is pretty much way to time consuming for a peace officer to find out if you own property somewhere else. If you tell the officer that you own property in AZ, but dont get mail there because it is a vacation, unless they go out there it is pretty hard for him to prove you don't.

Boatcop
04-18-2004, 03:21 PM
I'd also like to know who said this. By state and federal law, your boat is supposed to be registered in the "State of Principle Use", meaning where you boat 51% of the time. Boating anywhere on the Colorado River could be considered either Arizona or California, (or Nevada or Utah, for you Northern River/Lake Boaters)
The Arizona Game and Fish Department registers boats in Arizona and has fees specifically for out of State registrations. I actually would push for out of Staters to register in Arizona, since the Grant that pays our salaries is derived from Boat Registration fees. More money for fees=more money in my grant.
The stop you mention sounds a lot like one I did on Friday, (kids in vests, wife on engine cover) although there was no mention of Arizona Registration. I did a safety check, ran the expired CF numbers (no '05 tag), found them to be current and sent the boat on their way.
I also wonder why you'd mention the wake issue, since that area isn't a "No Wake Zone"??????? Unless you were down by the Casino and the Headgate Dam.
:confused: :confused: :confused:

PlaneNutz
04-19-2004, 03:14 PM
If you have your boat registered in AZ as "out-of-state resident", is there any requirement to have it stored in AZ? Or can I have it stored in CA 100% of the time?

FastTimmy
04-19-2004, 04:03 PM
I was under the impresion that you can not be under way in any form with people not in a proper area. Meaning a seat of sometype or in the cockpit.???

Mandelon
04-19-2004, 04:10 PM
I spoke with a watercop in the channel at Havasu about bowriding after I saw a boat with four girls dragging their anles in the water. He said it is legal at slow speed....news to me. I imagine sitting on the hatch would be the same, OK at slow speed?

welk2party
04-19-2004, 04:18 PM
This sounds like one of those topics that can have many interpretations by the officer. I think the engine hatch would be fine but not dragging your feet while in motion IMO. I let the girls sit on the engine cover while cruising the channel.

Boatcop
04-19-2004, 04:34 PM
If you have your boat registered in AZ as "out-of-state resident", is there any requirement to have it stored in AZ? Or can I have it stored in CA 100% of the time?
No requirement whatsoever, when it's not on the water. The only time registraion is an issue is when it's "IN USE". That means when it's on the water. You can tow your boat around on the trailer for the 10 years without registering it and your're not breaking any laws.
You can keep your boat on the moon for all we care. All we require is that it's used 51% of the time on Arizona waters.
The question about riding on parts of the boat, not intended for passengers is at "above a wakeless speed" only. Now that is the LAW portion.
From a safety standpoint, it's always a good idea to be seated whenever the boat's in gear. How many times have you been standing in the boat and the operator "gooses" the throttle for some reason. You probably ended up flat on your ass. This is especially true of those who have had a few cocktails, designated driver or not.
Except for jets, all boats have this really sharp thing under or behind the boat, spinning a few hundred RPMs, even at idle. If you fall off the boat, there's no way an operator will be able to stop that sharp spinning thing before it takes a few chunks out of your flesh. (Ask me how many of these I've seen when they were just "going slow")
Think of a boat as kind of a water going car. Would you ride on the hood or roof or trunk, or hang out the windows if you're only going slow? (Well, I know SOME of you would :D ) Most of us would look at conduct like that as being idiotic, not to mention illegal.

Ziggy
04-19-2004, 04:39 PM
My guess would be that it was a SanBerdo sherrif that made the stop trying to get a few dollars back into his fund:D
Kidding aside, You handled the stop well but got bad info, good thing for BoatCop to set it straight...again.:cool:

Tom Brown
04-19-2004, 04:46 PM
Speaking of registrations, what is the deal on out of country registrations boating in AZ waters? I'd like to bring my boat down. It's registered in Canada. Is there anything I need to do?

RUCAV
04-19-2004, 05:30 PM
Just so you know, by the time funds from any penalty or fine get back to the agency that wrote the citation, everyone and their mother gets a peace. State, County, Court, city etc. And when I say county, that doesnt mean SBSD got the money. The whole county got it.
Some officers have seen things that they dont want to see again. If you have seen a child killed in an accident because the mother was in a hurry for a business meeting and for got to buckle him in the child safety seat, you'd probably not worry to much if the people you cited for violating safety laws thought you were cool or not. Hopefully the cop can use their experience to influence people to do the right thing, but sometimes no matter what you do your still the bad guy.

Boatcop
04-19-2004, 05:52 PM
Speaking of registrations, what is the deal on out of country registrations boating in AZ waters? I'd like to bring my boat down. It's registered in Canada. Is there anything I need to do?
Not a thing. We recognize all states registrations when the boats are here on a temporary basis. The only catch is that the reciprocity period is for 90 consecutive days. After that you would have to register the boat as "out of state". You'd pay a fee and they would give you a decal to put on your boat, but you'd keep the out of state/country registration and title.
Sounds like a bummer right? BUT the boat has to be on the water continuously for 90 days. Pull it out to get gas or change the prop, or just to pull it out for the hell of it, and the 90 day period begins again. That means that someone would have to be watching the boat constantly for the 90 days, 24 hours a day.
Believe you me, we've got better things to do than watch a damn boat for 3 months, day and night, just to get a couple of dollar registration fee.
As far as fines going back to the Agency that writes the ticket, the system is set up so we (The Department) get absolutely nothing from ticket fines. Some places may do it differently, but in AZ and, (I think) CA, nothing goes to the cops.
The County or City gets some of fees, but the majority goes to run the courts themselves, and to state funds for Criminal Justice Programs and the like. The County General fund gets about 5% of the fine, if that.
The only exception, (in AZ) is a resident with an out of State License plate. The Agency gets 20% of that fine, to intice us to take care of those people who are ripping off the state for millions in registration fees. Snowbirds are the biggest offenders. You should see the polling places at voting time. Half the cars in the parking lot are from Oregon, Washington, Idaho, Wyoming, and other points north.

Dr. Eagle
04-19-2004, 05:56 PM
Originally posted by Boatcop
No requirement whatsoever, when it's not on the water. The only time registraion is an issue is when it's "IN USE". That means when it's on the water. You can tow your boat around on the trailer for the 10 years without registering it and your're not breaking any laws.
You can keep your boat on the moon for all we care. All we require is that it's used 51% of the time on Arizona waters.
The question about riding on parts of the boat, not intended for passengers is at "above a wakeless speed" only. Now that is the LAW portion.
From a safety standpoint, it's always a good idea to be seated whenever the boat's in gear. How many times have you been standing in the boat and the operator "gooses" the throttle for some reason. You probably ended up flat on your ass. This is especially true of those who have had a few cocktails, designated driver or not.
Except for jets, all boats have this really sharp thing under or behind the boat, spinning a few hundred RPMs, even at idle. If you fall off the boat, there's no way an operator will be able to stop that sharp spinning thing before it takes a few chunks out of your flesh. (Ask me how many of these I've seen when they were just "going slow")
Think of a boat as kind of a water going car. Would you ride on the hood or roof or trunk, or hang out the windows if you're only going slow? (Well, I know SOME of you would :D ) Most of us would look at conduct like that as being idiotic, not to mention illegal.
I can't imagine what you may have seen that round sharp thingees have done, I know what they can do when not spinning and I missed about a year of work from that one.....

Mandelon
04-19-2004, 05:59 PM
What was the issue with having an AZ registered boat and a CA registered trailer??? I remember a thread on it....:confused:

Havasu Cig
04-19-2004, 06:16 PM
Originally posted by Mandelon
What was the issue with having an AZ registered boat and a CA registered trailer??? I remember a thread on it....:confused:
If you hold a California Drivers License the trailer must be registered in California. It is considered a "Vehicle" just like your car. The boat is a whole different issue.

Boatcop
04-19-2004, 06:18 PM
What was the issue with having an AZ registered boat and a CA registered trailer??? I remember a thread on it
No issue with that combination. The problem is with vehicles (trailers) that are owned by California residents and registered in Arizona (or other states). California law requires their residents to register their vehicles (cars, trucks, trailers, but NOT boats) in California. The only exception is if that vehicle NEVER enters California. And they mean never. If you have a River vehicle at your Arizona place, and you drive it to Needles, Big River, Blythe, etc. and you get stopped, you will have your ass handed to you. California Drivers's license and Arizona plates on your car in California is big time fine, and possible arrest. (It's a misdemeanor)
The Chippies that work the River access highways are always on the lookout for Arizona trailer plates being towed by California registered vehicles.

BoatPI
04-19-2004, 06:20 PM
Let's see, 750 RPM idle, outdrive ratio 1.5, Hmmm, that will hurt. As I recall two folks were ejected at idle last month on Thompson Bay. One was cut up like Benny H. grill meat. I hate doing insurance claims with serious injuries. Not to mention the death of a child. Once was enough.

Tom Brown
04-19-2004, 06:32 PM
Thanks, Alan. :)
Sadly, the 90 day thing won't be an issue. I really wish I could push that number but I will be lucky to make it down for a couple of weeks. :)

Tom Brown
04-19-2004, 06:36 PM
By the way Alan, if you see a white, canadian registered CVX, stop by for a few beers. :D :D :D

PlaneNutz
04-19-2004, 07:16 PM
Always a pleasure reading your threads and the "real world" do's and dont's. You've eased my mind again. THANKS!!!!!!!!!

Essex502
04-20-2004, 06:30 AM
Originally posted by Boatcop
No requirement whatsoever, when it's not on the water. The only time registraion is an issue is when it's "IN USE". That means when it's on the water. You can tow your boat around on the trailer for the 10 years without registering it and your're not breaking any laws.
Alan,
I disagree with you a little (technically) on this one....for AZ it's not an issue but for a CA resident with an AZ registered boat it is a big issue. The CA law, as I interpret it, states that it must be habitually moored outside of CA (more that 50% of the time) AND must be out of the state on January 1 of each tax year to legally not be liable for CA property tax. You folks in AZ don't care on this issue but the CA Counties certainly do. I fought with LA County for 3 months before they dropped trying to get me to pay property tax on our boat even when I did everything in the proper manner.

PlaneNutz
04-20-2004, 07:36 AM
Now should I be concerned???
Doesn't "mooring" mean "parked in the water"?
If it does, then technically, it will be "moored" in AZ 90% more than in CA.

Jordy
04-20-2004, 07:49 AM
Originally posted by Tom Brown
By the way Alan, if you see a white, canadian registered CerViX, stop by for a few beers. :D :D :D
Now I know why you got that boat Brown. :D
When are ya coming down?

goneboatin
04-20-2004, 10:45 PM
I can understand about be pulled over for having someone on the engine cover while moving; it could get ugly in a worst case scenario. But why would the sheriff complain if my boat's registered in Az...His home state and agency are getting the revenue from my registation fees. Oh well, I didn't get written up, so it was all good in tha' 'hood!:D

Essex502
04-21-2004, 06:27 AM
Originally posted by PlaneNutz
Now should I be concerned???
Doesn't "mooring" mean "parked in the water"?
If it does, then technically, it will be "moored" in AZ 90% more than in CA.
According to the LA County Tax Assessor's Marine Division woman I talked to (very helpful and very knowledgable BTW) "moored" is interpretted as parked either on land or water. LA County sends assessors to the various marinas and storage facilities looking for out of state boats that are in CA in order to find their owners and tax them. I think you will see much more vigorous enforcement with the state and counties in such financial trouble these days.

Boatcop
04-21-2004, 06:52 AM
California Vehicle Code Definitions:
9840 (f) "State of principal use" means the state on which waters a vessel is used or intended to be used most during a calendar year.
And the law:
9873. An undocumented vessel shall not be required to be numbered under this chapter if it is:
(a) Already covered by a number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state; provided, that such undocumented vessel shall be subject to the numbering requirements of this chapter if it has changed its state of principal use and has been within this state for a period in excess of 90 consecutive days.
Notice the word AND in the parapraph above. THat measn that BOTH the provisions must be met.
As I said, Federal Law says that the boat must be registered in the "State of Principle Use".
Under California Law if you use your boat (on the water) for 51% of the time in Arizona ,then Arizona is the State of Principle USe. Someone mentioned "moored". Well. Moored is on the water and hence "in use".
Since the Colorado River is a border waterway, then it can be considered either a California or Arizona waterway. Where you register it is up to the owner, since the "State of PRinciple use" can be either one.
How would this effect you? If you decided that you would only come to the River once or twice a year, rather than every other weekend, and now boated on Elsinore or Castaic every weekend, then your "State of Principle USe" would have changed, and since the boat would probably be stored in California (for more than 90 days) then you would be required to change from Arizona to California Registration.
But in reality, how would someone know this, unless you became such a fixture on the inland lakes that the Lake Patrol there would notice you every weekend and say, "Hey! That guy has been here all year, and has Arizona Registration! Let's look into that!"
That's not really a stretch, since I pretty much know which boats are here in my area all the time, and which ones are occasional users.

Boatcop
04-21-2004, 07:37 AM
The tax collector is wrong.
(Funk and Wagnells)
moor 1. To secure (a ship, etc.) in place by means of cables, attached to shore, anchors, etc.
Verb 1. moor - secure in or as if in a berth or dock; "tie up the boat"
v. t. 1. (Naut.) To fix or secure, as a vessel, in a particular place by casting anchor, or by fastening with cables or chains; as, the vessel was moored in the stream; they moored the boat to the wharf.
2. Fig.: To secure, or fix firmly.
v. i. 1. To cast anchor; to become fast.
[i](California Harbors and Navigation Code)
(3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
658.5. (a) Except as provided in subdivision (b), no person under
16 years of age shall operate a vessel powered by a motor of greater than 15 horsepower, except for a vessel that does not exceed 30 feet in length and is designed to use wind as its principal source of propulsion, or a dinghy used directly between a moored vessel and the shoreline or between a moored vessel and another moored vessel.
(California Taxation Code)
1139. Except as otherwise provided in this article, when the owner or master of a taxable vessel gives written notice of its habitua place of mooring when not in service to the assessor of the county where the vessel is documented, the vessel shall be assessed only in the county where habitually moored.
1141. Vessels not required to be documented shall be assessed in the county where habitually moored when not in service.
[i](Public Resources Code)[/b]
6302.1. (a) The commission may remove from areas under its
jurisdiction any vessel, boat, raft, or other similar watercraft
which is left unattended and is moored, docked, beached, or made fast to land in a position as to obstruct the normal movement of traffic or in a condition as to create a hazard to other vessels using a waterway, to public safety, or to the property of another.
There's a few more passages referencing "Moored", but all are regarding a vessel which is located on the water. Tax collectors will commonly pervert language to their own liking.

PlaneNutz
04-21-2004, 07:47 AM
Thanks Again Alan,
Just knowing the law is half the battle. That keeps the confidence up in case something does happen. I suspect I will never get hassled, but if I do, at least I will know what is true and not true.
Thanks Again,
Mark