Max hp rating

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J Hartman

Petty Officer 3rd Class
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Re: Max hp rating

never drove anything with too much motor... only not enough... If you hit that gas and the engine passes the boat... that is over powered.
 

ezmobee

Supreme Mariner
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23,767
Re: Max hp rating

150s are typically (not always) V6's. 140 and less are typically (not always) 4 cyl. I would not want to step into V6 territory on a boat rated for 145. The weight difference alone would make it ill-advisable.

iboats does not endorse overpowering.
 

overkill

Seaman Apprentice
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Re: Max hp rating

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:

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. the case would seem to land creedance to the law being "safe capacity" rather then "rated capacity"
and the next person is gonna say"but if its over the capasity plate then its DEFFINETLY unsafe!" but i'm just saying, legaly, the word "safe" is open to interpretation.
realy, if that boat had a 25horse on it, the guy would have sued them for the hull design, or for the seat being too high.
any body can sue anyone for anything.
 

Sharp Shooter

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Re: Max hp rating

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!

Thanks for the reply. :)

I'm only familiar with the weight capacity tags but I've never seen one for hp. It makes sense since I've never owned an outboard. As far as the inboards go some 18 foot race boats get 7,0000 hp top fuel engines.

Here's an 18 foot pleasure boat with a helicopter engine. As nuts as this looks, it's not as fast as the usual blown big block boat.

normal_DSC06241.JPG
 
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BoatinFool

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Re: Max hp rating

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 ......
 

overkill

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Re: Max hp rating

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 ......

did you read the whole post?cuz i predicted this question....

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.
the law says it is illegal to operate a watercraft "equipped with a motor or other propulsion machinery beyond its safe power capacity"
in the legal world, there is a big diff between the words "rated" and "safe".
as deminstrated by that lawsuit.
(criminal justice degree taking)
 

starcraft1982

Petty Officer 1st Class
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Re: Max hp rating

had to come back.this is fun!FOR MOST PEOPLE,the "safe power capacity"and the maximum hp stated on the plate are and would be one in the same.The law sees it this way also.I do see how someone who is LOOKING for a loophole may read it the other way,but thats simply not the case.try again.
 

overkill

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Re: Max hp rating

no, that is how someone who knows how laws are writen and enforced reads it.
the law is literal and is more exact where it intends to be.
for instance, for towing a skier or tube with a PWC...
"Factory-installed or factory-specified wide-field rearview morriors are allowed when pulling a skier or other device(tube, kneeboard, etc). the mirrors must be specified by the personal watercraft manufacturer. After-market mirrors, stick-on mirrors, motorcycle mirrors, etc., do not qualify for the observer exemption."
 

JimS123

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7,993
Re: Max hp rating

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.
 

overkill

Seaman Apprentice
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Re: Max hp rating

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.

like i said, anyone can sue anybody for anything. you dont have to break a law. i can sue you for responding to my post(dosnt mean i will win, unless my lawyer is REALY good)
but criminaly, the law is what IS on paper. and if you didnt actualy BREAK a law in whatever the event was, then it's alot easier to be found not liable in a civil suit.
 

Sharp Shooter

Petty Officer 1st Class
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Re: Max hp rating

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.

Very true...
 

45Auto

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Re: Max hp rating

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.

Interesting interpretation of the law.

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"

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?

overkill said:
(criminal justice degree taking)

Taking maybe, passing no ......

Here, I'll highlight the relevent parts for you:

From the 2010 Minnesota Boating Guide, page 31/32:
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]

http://files.dnr.state.mn.us/rlp/regulations/boatwater/boatingguide.pdf

From the Minnesota State Statutes:
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.

https://www.revisor.mn.gov/statutes/?id=86B.505&year=2009
 

starcraft1982

Petty Officer 1st Class
Joined
Feb 7, 2010
Messages
277
Re: Max hp rating

I responded to original persons question to tell him that it was illegal to put a motor higher than the stated maximum hp on the boat.Also stated that could result in insurance dropping you,denying coverage altogether,or non payment in an insurance coverage situation.And lastly,I stated possible issues w/boat being so old and heavier weight and force of said motor.ALL to this point are still true.None can be disputed.I fully understand that it CAN be done,has been done,and might never have an issue.I simply cannot see advising someone to knowingly break the law,AND IT IS THE LAW.If he still chooses to,thats on him.I dont claim to know everything or be "captain information",just trying to steer a fellow boater w/a question in the right direction.Others on this thread seem to be more interested in bashing me, and fighting over something that they know is illegal but somehow still think its ok!?My whole point is I dont care if the people who know its illegal to do,do it.good luck,take the risk,may be fine or maybe?!?!?!.But its just not right to tell others its ok to do it when it is not.Theyre asking for help on here and help shouldnt include ways of breaking boating laws.
 

NYBo

Admiral
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Messages
7,107
Re: Max hp rating

BTW, did anyone notice that the OP already told us he is going with a motor below the 145 HP limit?
 

45Auto

Commander
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May 31, 2002
Messages
2,842
Re: Max hp rating

I did, but this thread is just like 99.99% of the other threads here and on the rest of the internet. If most of the posters let something simple like the actual facts or reality stop them from posting, they wouldn't have anything to post about, and therefore I wouldn't have anything to laugh about when I'm bored! ;)
 

overkill

Seaman Apprentice
Joined
Sep 17, 2008
Messages
37
Re: Max hp rating

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



yea, same stuff that I referenced(think I already quoted the regs 2-3 times now)
3 of the guys that I graduated with are in water patrol now. my law professor was a criminal defense attorney before becoming a sheriff's deputy, during which time he was (you guessed it) in the water patrol. myself, I didn't go waterpatrol(altho it would be fun) but I did graduate with honors in the top 5 of my class.
There are alot of things that ppl THINK is the law, and there are alot of laws that you can look at and THINK you know what it actually means in real life. there's even alot of things that a cop will TELL you is the law, just to make his life easier. for instance, until recently in MN is was illegal to not wear your seatbelt while driving you car. but you also could not be pulled over for it unless you were observed doing something else wrong(called a primary offence). but if you asked a cop, they would tell you that they can.
theres a reason I had to get nearly $40K worth of education in the field.
 

45Auto

Commander
Joined
May 31, 2002
Messages
2,842
Re: Max hp rating

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)

Are you really incapable of remembering or scrolling up to see what you posted? In exactly which post did you reference Statute 86B.505?

Here, I'll post the relevent parts for you again:

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

An officer in Minnesota has no discretion on whether an engine with more power than stated on the capacity plate can safely propel your boat, just like he has no discretion on whether 75 MPH in a stated 70 MPH speed zone is speeding.

He doesn't interpret the law (see if you can get a refund on most of your $40k, this is pretty basic stuff) he only enforces it. The judicial branch interprets the laws. His only discretion is on whether he chooses to enforce the law or not. If he doesn't enforce the power or speed laws, you got away with it. It was still illegal, you just didn't get charged.

Be involved in an accident while you are illegally speeding or overpowering your boat, and the officer is irrelevent. Nothing anyone can do about it at that point. If it goes to court and the prosecution brings it up you're toast. At least in the speeding case you can lie and claim you were going slower and they have to prove you were speeding. In the overpowered boat case you can't do anything. They'll have the motor and the capacity plate showing you illegally overpowered the boat on the table in front of the judge or jury as Exhibit #1. You can state that you don't think 150 was overpowered just because the plate said 140, just like you can state that you don't think 75 is speeding just because the sign said 70. Everyone is going to laugh at you, you just admitted to breaking the law. What you think is irrelevent.

It's actually pretty scary knowing that there are people like you in law enforcement ....
 
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