WATERCRAFT LAWS YOU SHOULD KNOW

The Ohio Marine Trades Association (OMTA) tracks legislative activity and administrative rules through the Ohio Department of Natural Resources and other state agencies.  Any changes to the Ohio Revised Code are made through the legislative process.  Changes to the administrative code are made through the state agencies rule making process.  Any administrative rules have the force and effect of law, but an agency is not permitted to enact a rule that is outside of their statutory authority.

OMTA has worked on several legislative and regulatory changes in the state with the goal of having a favorable environment for our members and your customers.  We have pulled some important laws and policies you should be aware of and hope this is a helpful tool for you.

House Bill 211

Under HB 211, a property owner may gain title of watercraft valued under $10,000 (as appraised by a licensed watercraft dealer or independent marine surveyor or appraiser) to be sold at auction if the following apply:

-The vessel has been left without permission and without a valid storage or repair agreement for 20 days;

-The property owner has sent proper notice to the vessel owner and any lienholders. The notice must be sent by certified mail.

-The vessel continues to remain unclaimed for an additional ten days after notice was received; and the property owner executes an affidavit with the clerk of courts affirming the proper requirements have been met to take title.

OMTA was supportive of efforts to pass this legislation.  The official law can be viewed here

Trailers

Many years ago, the industry worked to ensure the law allowed for short distance hauling of boats on trailers without needing to meet some stringent trailering requirement.  The law carves out certain transports from key definitions.

https://codes.ohio.gov/ohio-revised-code/section-4501.01

(M) “Trailer” means any vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than twenty-five miles per hour, and a vehicle that is designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of more than ten miles or at a speed of more than twenty-five miles per hour. “Trailer” does not include a manufactured home or travel trailer.

https://codes.ohio.gov/ohio-revised-code/section-4513.32

Every trailer or semitrailer, except pole and cable trailers and pole and cable dollies operated by a public utility as defined in section 5727.01 of the Revised Code, shall be equipped with a coupling device, which shall be so designed and constructed that the trailer will follow substantially in the path of the vehicle drawing it, without whipping or swerving from side to side. Vehicles used to transport agricultural produce or agricultural production materials between a local place of storage and supply and the farm, when drawn or towed on a street or highway at a speed of twenty-five miles per hour or less, and vehicles designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less, shall have a drawbar or other connection, including the hitch mounted on the towing vehicle, which shall be of sufficient strength to pull all the weight towed thereby. Only one such vehicle used to transport agricultural produce or agricultural production materials as provided in this section may be towed or drawn at one time, except as follows:

Weight Slips

In 2019, OMTA was able to work with the Ohio Department of Public Safety to ensure boat dealers are able to sign weight slips and those will be accepted by the BMV.  Having to take a boat trailer to a weight station is not feasible for many boat owners, as the boat is on the trailer.  It is not easily removed for weighing.  Boat dealers know from experience the weight of trailers and should be allowed to continue signing those for Ohioans.  That document can be found here.

Ohio Goes Boating

House Bill 84

This legislation, supported and championed by OMTA, officially designates June and Ohio Goes Boating Month. This is a way to highlight the importance of boating in Ohio and Ohio was the first state to have such a designation granted!