If you're going to overpower your boat, just be aware of the consequences and make sure you have a big bank account. Some of you may find this Louisiana case interesting. Notice what the prosecutor's based their lawsuit on:
sharp shooter,while im not sure about inboards(never owned one)all boats capable of having an outboard are required by law to have a capacity sticker/plate on them.this states maximum hp capacity,maximum weight capacity and maximum persons capacity. Everyone else.while this has been fun and comical,its run its course(for me).the law is the law,insurance companies will jump at the chance to deny a claim for such an infraction,if its found(thats how they make money,finding reasons not to pay claims) and its simply not a good idea.Can you do it?Sure!have many people done it? Sure!is it right,legal,or performance wise,worth the risk?ABSOLUTELY NOT! Im out.to many people to help on here to waste anymore time on nonsense.happy boating all!
but if you read the case, it is the boat owner sueing the MFG . the boat motor WAS within the power rating on the capacity plate.
Yamaha settled out of court for $6 million. Original lawsuit was for $63 million. The motor was within the boat's capacity plate and even so the lawsuit concentrated on the boat being overpowered. Imagine how cheap it would be trying to defend yourself if something happened on your boat and you were illegally OVER the capacity plate limit ......
no, that is how someone who knows how laws are writen and enforced reads it.
LOL.
The way laws are written and how they are enfoced doesn't mean crap. If you are involved in a lawsuit, its all how good your lawyer is (AKA how much you pay him) Juries are stoopid! Its all about sympathy. You can get away with murder if you have enough money.
LOL.
The way laws are written and how they are enfoced doesn't mean crap. If you are involved in a lawsuit, its all how good your lawyer is (AKA how much you pay him) Juries are stoopid! Its all about sympathy. You can get away with murder if you have enough money.
overkill said:your assuming that haveing an engine with a HP that is over your capacity plate is illegal, and it might be in some states. In MN it is not.
overkill said:the law says it is illegal to operate a watercraft "equipped with a motor or other propulsion machinery beyond its safe power capacity"
overkill said:(criminal justice degree taking)
GENERAL PROHIBITIONS It?s against the law: [FONT=Carta,Carta][FONT=Carta,Carta] [/FONT][/FONT][FONT=Optima LT Std,Optima LT Std][FONT=Optima LT Std,Optima LT Std]To operate a watercraft in a careless or reck- less manner. [/FONT][/FONT][FONT=Carta,Carta][FONT=Carta,Carta] [/FONT][/FONT][FONT=Optima LT Std,Optima LT Std][FONT=Optima LT Std,Optima LT Std]To operate a watercraft so that its wash or wake endangers, harasses, or interferes with any person or property. [/FONT][/FONT][FONT=Carta,Carta][FONT=Carta,Carta] [/FONT][/FONT][FONT=Optima LT Std,Optima LT Std][FONT=Optima LT Std,Optima LT Std]To operate a watercraft so it obstructs or tends to obstruct ordinary navigation. [/FONT][/FONT][FONT=Carta,Carta][FONT=Carta,Carta] [/FONT][/FONT][FONT=Optima LT Std,Optima LT Std][FONT=Optima LT Std,Optima LT Std]To operate a watercraft within an area le- gally marked off or set aside as a swimming area, or within 150 feet of a diver?s warning flag (see page 43).[/FONT][/FONT][FONT=Textile Regular,Textile Regular][FONT=Textile Regular,Textile Regular]32[/FONT][/FONT][FONT=Carta,Carta][FONT=Carta,Carta] [/FONT][/FONT][FONT=Optima LT Std,Optima LT Std][FONT=Optima LT Std,Optima LT Std]To operate a watercraft: 1) loaded with pas- sengers or cargo beyond its safe carrying capacity, (persons or weight) or 2) equipped with a motor or other propulsion machinery beyond its safe power capacity. [/FONT][/FONT]
86B.505 WATERCRAFT CAPACITY PLATES.
Subdivision 1.Requirement.
(a) A watercraft 20 feet or less in length manufactured for sale in this state after December 31, 1980, except canoes, kayaks, sailboats, sailboards, and inflatable boats, must have a capacity plate permanently affixed to the watercraft by the manufacturer. The capacity plate must contain information relating to maximum safe carrying and power capacity specifications prescribed by the commissioner. The information contained on the capacity plate must, at a minimum, comply with the established standards and regulations of the United States Coast Guard.
(b) For purposes of this section, "manufacture" means to construct or assemble a watercraft or alter a watercraft in a manner that changes its weight and carrying capacity.
Subd. 2.Certification of correct information.
The information appearing on a capacity plate is deemed to certify that the manufacturer has correctly and faithfully specified the maximum safe carrying and horsepower capacity and that the information is not a deliberate or negligent misrepresentation.
Subd. 3.Violation
A person who does not comply with provisions of this section commits a violation for each watercraft for which this section is not complied with.
LOL.
The way laws are written and how they are enfoced doesn't mean crap. If you are involved in a lawsuit, its all how good your lawyer is (AKA how much you pay him) Juries are stoopid! Its all about sympathy. You can get away with murder if you have enough money.
Interesting interpretation of the law.
That's true. But you kind of skipped over the law (86B.505) that says each boat must be equipped with a capacity plate which defines the maximum safe power capacity, didn't you?
Taking maybe, passing no ......
Here, I'll highlight the relevent parts for you:
From the 2010 Minnesota Boating Guide, page 31/32:
http://files.dnr.state.mn.us/rlp/regulations/boatwater/boatingguide.pdf
From the Minnesota State Statutes:
https://www.revisor.mn.gov/statutes/?id=86B.505&year=2009
overkill Post #30 said:actually i would have to agree that it is a gray area legally.
MN law says
"It?s against the law:
To operate a watercraft:equipped
with a motor or other propulsion machinery
beyond its safe power capacity"
it doesn't say "rated safe power capacity" which makes it officer discretion whether the HP of the engine can "safely" propel the boat.
overkill Post #58 said:yea, same stuff that I referenced(think I already quoted the regs 2-3 times now)
It?s against the law t[FONT=Optima LT Std,Optima LT Std][FONT=Optima LT Std,Optima LT Std]o operate a watercraft equipped with a motor or other propulsion machinery beyond its safe power capacity. [/FONT][/FONT]
The capacity plate must contain information relating to maximum safe carrying and power capacity specifications