§ 63-4002. Definitions.

As used in the Oklahoma Vessel and Motor Registration Act:

1.  "Boat livery" means a business establishment engaged in renting or hiring out vessels for profit;

2.  “Canoe” means a light narrow boat with both ends sharp and which is propelled by paddling and includes similar craft such as kayaks;

3.  "Certificate of documentation" means a document issued by the United States Coast Guard which is legal proof of ownership of a vessel;

4.  "Certificate of registration" means a document which is legal proof of registration of a vessel or motor;

5.  "Certificate of title" means a document which is proof of legal ownership of a vessel and/or motor;

6.  "Commission" means:

a.              the Oklahoma Tax Commission, or

b.              the equivalent vessel registration and licensing agency of a federally recognized Indian tribe in this state;

7.  "Dealer" means any person engaged in the business of selling, trading, renting with option to purchase, or attempting to negotiate or negotiating sales or exchanges of interests in new or used vessels or motors, or new and used vessels or motors, or any combination thereof;

8.  "Dealer agreement" means the agreement, authorization or written contract between a manufacturer and distributor and a new vessel dealer which purports to establish the legal rights and obligations of the parties to the agreement, authorization or written contract with regard to the purchase and sale of new vessels or new motors;

9.  "Designated successor" means one or more persons nominated by the new vessel dealer, in a written document filed by the dealer with the manufacturer or distributor at the time the dealer agreement is executed, to succeed the dealer in the event of the dealer's death or incapacity.  If a designated successor is not able to succeed the new vessel dealer because of the designated successor's death or legal incapacity, the dealer shall execute a new document nominating a designated successor within sixty (60) calendar days after the date of the death or incapacity;

10.  "Distributor" means a person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes a new vessel or new motor to a new vessel dealer or who maintains a factory representative, resident or nonresident, or who controls a person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes a new vessel or new motor to a new vessel dealer;

11.  "Distributor branch" means a branch office similarly maintained by a distributor or wholesaler for the same purposes a factory branch is maintained;

12.  "Distributor representative" means any person, firm, association, corporation or trust and each officer and employee thereof engaged as a representative of a distributor or distributor branch of vessels or motors, for the purpose of making or promoting the sale of his or her, its or their vessels or motors, or for supervising or contacting his, its or their dealers or prospective dealers;

13.  "Documented vessel" means any vessel in this state which shall have and carry on board the original certificate of documentation in legible form as issued by the United States Coast Guard or federal agency successor thereto.  All documented vessels shall be required to display a current State of Oklahoma annual registration decal;

14.  "Factory branch" means a branch office maintained by a person, firm, association, corporation or trust who manufactures or assembles vessels or motors for the sale of vessels or motors to distributors, or for the sale of vessels or motors to dealers, or for directing or supervising, in whole or in part, its representatives;

15.  "Factory representative" means any person, firm, association, corporation or trust and each officer and employee thereof engaged as a representative of a manufacturer of vessels or motors or by a factory branch, for the purpose of making or promoting the sale of his, her, its or their vessels or motors, or for supervising or contacting his, its or their dealers or prospective dealers;

16.  "Hull identification number" means the serial number affixed to the outside of the hull of a vessel on the upper starboard side (right) corner of the transom (back wall) which is assigned by the manufacturer or the Commission;

17.  "Inboard motor" means an internal combustion engine mounted inside a vessel which provides the transfer of power to move a vessel through the water;

18.  "Inboard/outboard motor" means an internal combustion  engine mounted inside a vessel and an external stern drive attached through the transom of the vessel providing the transfer of power to move the vessel through the water;

19.  "John boat" means a narrow, flat bottomed square-ended boat propelled by a pole, paddle or a motor less than ten (10) horsepower;

20.  "Lifeboat" means a vessel carried on another vessel in excess of sixty-five (65) feet for use if such other vessel has to be abandoned;

21.  "Manufacturer" means a person who manufactures or assembles new vessels or new motors, or a distributor, factory branch, or factory representative;

22.  "Motor" means any internal combustion engine mounted at the stern of a vessel or placed inside a vessel which provides the transfer of power to move the vessel through the water;

23.  "New vessel dealer" means a person who holds a dealer agreement granted by a manufacturer or distributor for the sale of the manufacturer's or distributor's vessels or motors, who is engaged in the business of purchasing, selling, exchanging, or dealing in new vessels or new motors, and who has an established place of business;

24.  "Operate" means to navigate or be in actual physical control of a vessel or otherwise use a vessel or motor;

25.  "Outboard motor" means an internal combustion engine capable of being externally mounted at the stern of a vessel which provides the transfer of power to move a vessel through the water;

26.  "Owner" means a person, other than a lienholder, having a property interest in or title to a vessel or motor.  The term includes a person entitled to the use or possession of a vessel or motor subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;

27.  “Paddleboat” means a boat less than eight (8) feet in length designed to be propelled solely by human power through a belt, chain or gears;

28.  "Permanent number" means the distinctive and unique number which:

a.              the Commission permanently assigns to a vessel, irrespective of any change of ownership of said vessel.  The permanent number shall begin with the letters "OK", followed by four numerals, and then followed by two letters, or

b.              any federally recognized Indian tribe in this state assigns to a vessel;

provided, the number is configured as prescribed in 33 C.F.R., Parts 173 and 174;

29.  "Person" means a natural person, partnership, corporation, association, trust, estate or other legal entity;

30.  "Proposed new vessel dealer" means a person who has an application pending for a new dealer agreement with a manufacturer or distributor.  Proposed new vessel dealer does not include a person whose dealer agreement is being renewed or continued;

31.  "Purchase date" means the purchase date on a bill of sale or the date of complete assignment of title by the current owner;

32.  "State" means the State of Oklahoma;

33.  "State of principal use" means the state where the vessel or motor is used, is to be used, or remains for any period in excess of sixty (60) calendar days;

34.  "Vessel" means every device, other than a canoe, paddleboat or seaplane on the water, used or capable of being used as a means of transportation on water, including but not limited to personal watercraft; and

35.  "Waters of this state" means and includes all waters within the territorial limits of this state; provided, such phrase shall not mean or include waters which are entirely owned by a private person or persons, and to which the public is not permitted access.

Added by Laws 1989, c. 346, § 2, eff. Jan. 1, 1990.  Amended by Laws 1990, c. 304, § 2, emerg. eff. May 30, 1990; Laws 1992, c. 284, § 1, eff. Jan. 1, 1993; Laws 2003, c. 393, § 1, emerg. eff. June 4, 2003; Laws 2012, c. 323, § 1, eff. July 1, 2013.