Registration USA to Australia

[tour72]

hiya all,I just got of the phone from Canberra (thanks Simon).i am still a bit confused but i am getting there.The chap in Canberra wants bill of sail,deeds, and a letter from the Authorities in California saying the boat is not registered there anymore.i have to pay a one off fee of $1190 AUD to start the process.They will tell me what markings I need to put on the boat and I have to sign confirmation of this.Once this is done my boat is registered in OZ and all is good.I asked him what if I register her in Mexico and bring her to OZ and he said upto Aussie customs.
So I spose i will go with option "A" and when I get to Mexico clear it with those guys somehow.Now i have to try and somehow get a letter from ex owner that hopefully he has from Cali motor that it isnt registered there.Any opions on that.Cheers,Paul.

[Surfer Girl]

Good onya Paul. You've done the right thing, mate. That fee is the standard Aussie rego fee.
We sailors are a free and easy bunch and dealing with bureaucracy is never fun but take it from me, having all your T's crossed and I's dotted just saves you a lot of grief in the long run! Especially, if you're from a western country - the authorities in 3rd world countries or economically poor countries don't always operate by the same standards (and that's as diplomatically neutral as I can put it ).....

Looking forward to reading more posts of your adventures.

[SimonV]

Paul, If this is a one off and once back in Oz you wont be heading off O/S again (staying in Oz) then you can apply for Provisional Registration. It is the same amount of work but a lot cheaper and is like a one off one way rego to get you home.There is a time limit, I did hear somewhere that this could be extended but it is still a one way rego.

[Wotname]

Originally Posted by Mr B

My vessel was never unflagged at any time, it went from USCG to Aussie flag at the same time,

It just happened in the middle of the ocean, And no, I wasnt lucky with Customs, I could prove who the owner was and the address of the boats home at all times,

If you really want to be picky, My boat was registered to me before I left Australia as an Australian boat,

It had never left from Australia, So Australian law did not apply to it untill I got it here,

So in fact, It was flagged USA and Australian at the same time,
I also carried two Epirbs, One registered to the USA, PO, and one to Australia, Mine,

Minor point of correction
If you boat was registered as an Australian ship (i.e. Aussie flagged) then it became subject to Australian law as soon as the ink was dry on the register - there is no requirement for the boat to arrive in Oz before it becomes subject to our law, the simple act of being on the register is enough.

[SimonV]

Originally Posted by Mr B

My vessel was never unflagged at any time, it went from USCG to Aussie flag at the same time,

It just happened in the middle of the ocean, And no, I wasnt lucky with Customs, I could prove who the owner was and the address of the boats home at all times,

If you really want to be picky, My boat was registered to me before I left Australia as an Australian boat,

It had never left from Australia, So Australian law did not apply to it untill I got it here,

So in fact, It was flagged USA and Australian at the same time,
I also carried two Epirbs, One registered to the USA, PO, and one to Australia, Mine,

You my friend were extremely lucky, You committed, albeit inadvertently a number of offenses against US, international and Australian laws. This happens all the time when people take short cuts or rely on what someone tells them what they want to hear. Occasionally we do hear about court results but these tend to be overlooked by the media unless there is a lot of noise.

[jeremiason]

Originally Posted by tour72

It is registered there and i have the registration papers.The old owner has changed the rego into my name which he filled in on the deed.I have the deed to the yacht,it is in the old owners name but he has signed the boat over to me on the papers.

Under California Law, the previous owner submitted a RELEASE OF RESPONSIBILTY form to the Calfornia Department of Motor Vehicles. This form is attached to the bottom of the Title (Pink Slip or Deed as you call it) and serves two purposes.

• It notifies the DMV that the previous owner sold the vessel and no longer has legal responsiblity for it.
• It tell the DMV who purchased the vessel.

Originally Posted by tour72

It is registered with California's motor vehicles.I went to the motor vehicles and they told me that I didnt need to change it in California and that it was upto the country

The vessel no longer is registered in California, pursuant to California Vehicle Code Section 9855 and Section 9874. After the owner submitted the Release of Liablilty form, you had ten days to register the vessel. Since you did not register the vessel within ten days, the registration is void under California Law.

Originally Posted by tour72

I just wanted to know about leaving Mexico and sailing to OZ.

Under Mexican law, at the first Port with facilities, you are required to:

• Check in with the Mexican Immigration Office
• Check in with Mexican Customs Office
• Check in with the Port Captain
• Obtain a Mexican Temporary Import Permit (TIP)

To complete these check ins, you need a current vessel registrtion/documention certificate and a clearence form (Zarpe) from the last country you were in.

The Zarpe requirement seems to be enforced on US boats only on the Caribbean side, but since you are Australian and the boat is not currently registered, I don't know what the Mexican would want.

Failure to complete the Mexican check in process can relsult in your boat being impounded and you being arrested. This occurred last year to a US citizen in Cancun.

Here is a link to an Mexican Tourisim Site detailing the proceedures for checking you vessel into the country.

Originally Posted by tour72

I checked into several slips on the way to Mexico in the USA and no-one had a problem with my documents.

You are no longer in the USA, you are in Mexico!

If you are currently in a Mexican Marina, you have found the only Marina in Mexico that does not require copies of a current registration, crew list and a TIP as required by Mexican law.

You are now between a rock and a hard place.

• Your boat isn't registered.
• Your boat is not legally in Mexico.
• You can't go to another country or return to the USA without proper documentation, including a ZARPE.
• Your boat is in peril of being impounded by Mexica Authorities.

I would strongly suggest that:

1. Get you boat registered s soon s possible.
2. Hire a MEXICAN AGENT who servicies the Mexican Port your vessel is in. Maybe he can straighten out your delema with the your vessel being in Mexico illegally.

[Jim Cate]

For the OP:

Tom J's advice is very good indeed. Please, for your sake PAY ATTENTION to him.

Cheers,

Jim

[savoir]

What's more it comes in technicolor.

[tour72]

Simon,provisional rego.Sounds interesting,so it is alot cheaper?? Is there any disadvantages of this??

[Mr B]

Originally Posted by SimonV

You my friend were extremely lucky, You committed, albeit inadvertently a number of offenses against US, international and Australian laws. This happens all the time when people take short cuts or rely on what someone tells them what they want to hear. Occasionally we do hear about court results but these tend to be overlooked by the media unless there is a lot of noise.

I have reams of paper from Customs, AQIS, Immigration, all Came from Canberra before I even bought my boat,

I followed their instructions, They uphold and enforce the laws of the Commonwealth of Australia,

They told me precisely what I needed and how to go about it, Even about registering my new Epirb and transporting it to Fiji,

They were exceptionally helpfull, And did inform me of all the laws relevant to my situation,
They even gave me all the paperwork that I needed to import my boat and all the costs involved for importation when I got it here,

They did stuff up on giving me back my unlicenced firearm tho, The Flaregun, which was documented as part of the ships equiptment,
But I had no trouble handing that in at my local police station, Also fully documented,

The only trouble I had when I got here was whether I had pests, (termites) in the woodwork inside my boat, I was restricted to the Burnett river till the exterminators had gone through my boat thoroughly to make sure my boat was clean and bugfree,

I didnt get my information from armchair experts on the internet, Who do Fluctuate wildly with some of their information,

[tour72]

armchair eperts,I like that.I spoke to a guy in Canberrs called Peter Baker.He has given me alot of forms,some bother me like builders certificate.How on earth do I get that.He also wants proof that the boat is not registered in california anympore.I just rang the guy I bought the boat of and he said he will go and ask but is doubtfull they will give him one.I just hope i have enough for the Aussies,as all I have is a bill of sale,thje deeds and hopefully the de-rego proof.That is all I have!

[Mr B]

Any registration from any where is better than none,

No rego = Piracy, They will confiscate your boat and jail you,

Send all your info to family or friends in Qld and get state rego, At least your then covered, You have a legal home for your boat and an address, The Bill of sale covers ownership to you; Less than $100-00 per year, Email it, it can all be done in a few days, They will do it over the counter,

Fill out your forms and send it to Peter Baker at Customs and get Australian rego, That will cover you also, Expensive tho, $1100-00 approx, Its a one off payment,

You need the builders certificate to prove it was manufactured in the USA, Or a country with the free trade agreement with Australia,
If you dont have that certificate, It means you will have to pay the 5% extra duty on your vessel,

Which may mean around 2 or 3 grand extra on your boat importation costs, Depending on what you paid for your boat, and your costs getting it here,

And thats all that certificate does, stops you from paying the 5% duty, It does not restrict you from importation, or any thing else,

[SimonV]

MrB, First of all, it was just as well you came in at Bundy and not Biz and obviously had arms full of documents. There is a whole section in the Australian shipping Act put there for this very reason we are discussing, being a ship traveling from a foreign port to an other foreign port or to Australia. There is no you may or if you would like, it is a must.
This bit does not involve most of us here......All Australian owned commercial ships 24 metres and over in tonnage length, capable of navigating the high seas must be registered.
This bit is for those that don't intend to leave Australia .......All other craft, including Government ships, fishing and pleasure craft need not be registered, but may be if the owners desire.
This bit is for boats bought outside of Australia Or no longer comply with the Flagged foreign Registration.....A ship must be registered if the owner intends to use it for travel from Australia to places outside Australia or on voyages from foreign ports to other overseas destinations or to Australia.
This is typically for Bare boat charterers ...... Any ship demise chartered to Australian based operators, or any craft under 12 metres in length, owned or operated by Australian residents, nationals or both, can be registered if the owner/operator wishes.
Ships that were originally registered in Australia under the British system (before 1982 ) were automatically transferred to the new register subject to nationality eligibility at the time of changeover.
The Australian Register of Ships currently lists the particulars of some 7,000 active ships.

An unregistered vessel that is entitled to be registered cannot leave an Australian port for an international destination. Customs officials will refuse to issue any such vessel with a Certificate of Clearance. However, in certain circumstances a temporary pass may be issued to the ship, or provisional registration can be arranged to enable it to undertake a voyage beginning before the registration procedure has been fully completed.
Likewise, no ship is allowed to leave a foreign port where there is an Australian diplomatic representative unless it has either been registered or issued with a provisional registration certificate.

[SimonV]

As far as a builders plate, don't sweat. You wont need this until you do the importation. As the company is no more you can do a statutory Declaration to that effect including the reserch you did about you boat. something like this and any history you find. I hope your boat was made prior to 1984.

"In 1963, Ralph Brown and Ben Kantner recovered the McGlassen Boat Companey, now Wayfarer Yacht Corporation, from bankruptcy, and began using the name Islander Yachts. The Islander Yacht Corporation had yacht building facilities in Costa Mesa, California, and later moved production to Irvine California. In 1984, Islander yacht construction was relocated to Costa Rica, but went into bankruptcy just two years later."

Provisional registration is $250 and last six months and in you case may get you moving sooner an extension is $170. You need to read Amsa web site.

[Boatguy30]

In 2006 customs in Brisbane wanted a letter from my long since bust builder stating the origin of all major components in the boat to save the 5%

What did you pay for an old Islander 34? $15,000-20000? don't sweat the 5% at this point!

Enjoy the trip!