Need info from a Spectrum 1700 owner - USCG Capacity Plate

geeco1

Petty Officer 1st Class
Joined
Jul 16, 2009
Messages
373
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

Profittakr

I sent you a PM.
 

Steelhd

Seaman Apprentice
Joined
Aug 4, 2009
Messages
34
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

Can you send us, or post the template? That way, we can use it for ours as well.
Manufacturer name and city go on the last line. Use a graphics program like Photoshop or Paint.net to add your info. Had to resize the image to post though. The original is 213KB
 

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Steelhd

Seaman Apprentice
Joined
Aug 4, 2009
Messages
34
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

geeco1 check your PMs
 

Vintage IRA

Cadet
Joined
Feb 24, 2010
Messages
8
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

Dear Mr. Erikson:

Thank you for the inquiry. I'll try to give you the guidance you need on the capacity label.

First, the capacity label is a manufacturer requirement, not a carriage requirement. This means the boat manufacturer must have the label on the boat when it is first made available for sale. There is no federal requirement for a boat operator to have such a label on his boat. A few states have passed state laws requiring the labels, but it then becomes a state responsibility to provide a means for owners/operators to comply with the law. I don't know if Wisconsin has such a law. The state Department of Natural Resources, Bureau of Law Enforcement should be able to enlighten you.. http://www.dnr.state.wi.us/org/es/enforcement/ ... or 608-264-8970.

Since you have the necessary data, I'll include a link to our website that shows requirements for colors, size, etc. in case you prefer to "do it yourself. http://www.uscgboating.org/regulations/boatbuilder_s_handbook/safe_subb_parta.aspx

Feel free to contact me should you have further questions.


Richard A. Blackman
U.S. Coast Guard
Office of Auxiliary & Boating Safety
Boating Safety Division
Product Assurance Branch (CG-54223)
e-mail: Richard.A.Blackman@uscg.mil
Web Site: http://www.uscgboating.org/
Phone: 202-372-1077
Fax: 202-372-1933


I
-----Original Message-----
From: derikson@wi.rr.com [mailto:derikson@wi.rr.com]
Sent: Thursday, April 22, 2010 11:22 PM
To: Blackman, Richard
Subject: Boat Capacity Plate

Mr. Blackman,

Your email was suggested in an Iboats forum thread on Spectrum boats and missing Capacity Plates.

I have a 1990 Spectrum Model 1900. The Hull is in great shape and I am currently restoring the top side.

During the restoration I realized that the Capacity Plate was missing. I've contacted Brunswick boats who owned Spectrum in the early 90's. They tell me they no longer have that information and gave me a phone number for Tracker Boats who they sold the Spectrum line to. Tracker has no information either leaving me high and dry trying to get a replacement Plate from the Manufacturer. Hoping you can point me in the right direction to make this boat legal to use. Someone suggested that if the manufacturer is no longer available there might be an alternative so these very usable older boats can continue legally on the water.

Any help in this matter would be greatly appreciated! I found a guy with a 91 that was rated at 8 persons, 1700 pounds and 135HP max.

Does the Coast Guard reissue capacity plates for boats who no longer have a manufacturer???

I contacted the USCG station in Kenosha, Wi. They gave me the number of the Chicago Safety office but they are currently relocating their office and couldn't even get me a number to continue my search.

Thought I would give you a try!!!!
Thank you in advance for any help you can offer.

Dan Erikson




The posted information is for manufacturers of recreational boats who must comply with the applicable regulations. Depending upon boat type, engine, length, usage, etc., a regulation (and corresponding guide) may, or may not, be applicable.

While we encourage recreational boat owners to use the information for their benefit, compliance with the regulations is the responsibility of the boat manufacturers.

Potential manufacturers, or importers, of recreational boats must contact the USCG, Boating Safety Division, Recreational Boating Product Assurance Division at 202-372-1073 and request a Manufacturers Identification Code (MIC) form.



Got a response within hours from the USCG! Bet it takes a week to hear from WI DNR!!!


Dan
 

Vintage IRA

Cadet
Joined
Feb 24, 2010
Messages
8
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

Looks like Wisconsin has a Tag law!
State Statute #30.50-30.80

Here's the section dealing with missing tags.

30.501(4)
(4) Any vessel to which this section applies not having a capacity plate, meeting the requirements of law, affixed thereto by the manufacturer thereof may have such affixed by any other person in accordance with such rules as the department promulgates, and may thereafter be offered for sale in this state, but no action taken pursuant to this subsection, or as described herein, shall relieve any manufacturer from liability for failure to comply with this section.

30.501(5)
(5) The information appearing on a capacity plate shall be deemed to warrant that the manufacturer, or the person affixing the capacity plate as permitted by sub. (4), has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the department and that the information appearing on the capacity plate with respect to maximum weight capacity and recommended number of persons is the result of applying such method and formula, and with respect to information concerning horsepower limitations that such information is not a deliberate or negligent misrepresentation.

30.501(6)
(6) If any vessel required by this section to have a capacity plate affixed thereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer, or other person having the responsibility for affixing the plate, may represent such impracticability or undesirability to the department in writing. Upon determination by the department that such representation has merit and that a proper and effective substitute for the capacity plate which will serve the same purpose is feasible, the department may authorize such alternative compliance and such alternative compliance shall thereafter be deemed compliance with the capacity plate requirements of this section.

Looks to me like its legal to have one made as long as it has the correct info on it.

Can anyone send me a good photo of their Model 1900 Capacity plate?

Thanks
Dan derikson@wi.rr.com
 

90bluefin

Recruit
Joined
Jul 27, 2010
Messages
1
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

Just acquired and refurbed my 1990 Spectrum 1700 Fish&Ski this spring (2010). Didn't see this post until now. You're probably all set but just in case, here's what my USCG sticker says:

US Coast Guard
Maximum Capacity
6 Persons or 750 LBS
1300 LBS Persons Motors Gear
90 HP Motor
AA 7/89 P/N 35077

I can send you a picture of the sticker if you'd like.
Other info: 960LBS original equipped hull, 17foot long, 6foot 4inch wide
 

geeco1

Petty Officer 1st Class
Joined
Jul 16, 2009
Messages
373
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

Looks like Wisconsin has a Tag law!
State Statute #30.50-30.80

Here's the section dealing with missing tags.

30.501(4)
(4) Any vessel to which this section applies not having a capacity plate, meeting the requirements of law, affixed thereto by the manufacturer thereof may have such affixed by any other person in accordance with such rules as the department promulgates, and may thereafter be offered for sale in this state, but no action taken pursuant to this subsection, or as described herein, shall relieve any manufacturer from liability for failure to comply with this section.

30.501(5)
(5) The information appearing on a capacity plate shall be deemed to warrant that the manufacturer, or the person affixing the capacity plate as permitted by sub. (4), has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the department and that the information appearing on the capacity plate with respect to maximum weight capacity and recommended number of persons is the result of applying such method and formula, and with respect to information concerning horsepower limitations that such information is not a deliberate or negligent misrepresentation.

30.501(6)
(6) If any vessel required by this section to have a capacity plate affixed thereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer, or other person having the responsibility for affixing the plate, may represent such impracticability or undesirability to the department in writing. Upon determination by the department that such representation has merit and that a proper and effective substitute for the capacity plate which will serve the same purpose is feasible, the department may authorize such alternative compliance and such alternative compliance shall thereafter be deemed compliance with the capacity plate requirements of this section.

Looks to me like its legal to have one made as long as it has the correct info on it.

Can anyone send me a good photo of their Model 1900 Capacity plate?

Thanks
Dan derikson@wi.rr.com

Why in the heck, do these laws have to be written where it is so difficult to interpret... what is "promulgats" and how do you even pronounce it. The law should say....
"Your boat must have a capacity plate. If you re-do your boat, then it is your responsibility to have a new plate made and installed".

Isn't that much easier to understand.
 

Peter Eikenberry

Chief Petty Officer
Joined
Sep 3, 2007
Messages
408
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

I'll try to answer your question. I worked in the USCG Office of Boating Safety for over 20 years, Part of my job was interpreting regulations. interpreting is the correct word since they seem to be written in a foreign language, and for most of us they are. They aren't written for you and me. they are written by lawyers for lawyers, and they are in the language of the law. If you tried to write it in a common snese way as you have said, the Judge would throw it out saying it was vague. laws have to be specific.

I helped hundreds of boat owners where the plate for their boat had gone missing. Usually this happens during rebuilding or sometimes a power washer will wreck or remove the plate. Sometimes they are just bad quality and fade away.

So what are they doing here? They are trying to do several things. First, the requirement for a boat to have a capacity label is Federal requirement that cannot be preempted by the state and cannot exceed the federal requirements unless the state is willing to do what Pennsylvania does. They want every boat to have a capacity label and so for boats that don't have one, they issue one. Most states don't want that financial burden so they say, you gotta have one and if it's missing, well you can make a new one and put it on the boat yourself.

Also, The Federal requirement applies ONLY to boat manufacturers, not boat owners, so the state has to word their law in a way to make it both a manufacturer requirement and an owner requirement. This is what I call "weasel wording" it sounds vague but in legalese it is very specific.

And promulgate, in plain english, means to write the law and publish it so that the public can see it.

prom?ul?gate (prml-gt, pr-mlgt)
tr.v. prom?ul?gat?ed, prom?ul?gat?ing, prom?ul?gates
1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce.
2. To put (a law) into effect by formal public announcement.

This is a legal way of saying announce.

Anyway, I dealt with hundreds of cases of people with boats that had no capacity label.

1. The capacity label is only required on Monohull boats under 20 feet in length with either manual propulsion (oars, paddles, paddle wheels) or an engine. You will see it on other boats such as canoes and sailboats, and boats over 20 ft but if you look at the top of the label the words US COAST GUARD are omitted because it is done voluntarily.

2. It is the USCG position that if the state wants you to have a capacity plate they have to issue it. Wisconsin is trying to make it your responsibility, but only on boats where it was required to begin with. They are doing this because then a law enforcement officer can look at the plate, count the heads on the boat and say, you're overloaded. The problem with that is, it isn't that simple. The number of people is NOT the federal requirement, the weight of the people is, and there is no Federal law that says you can't exceed it. Some states have passed laws saying you can't exceed the values on the label but at the Federal level it is a recommendation by the boat manufacturer to advise the boater of a safe level of loading. It is a judgement call for the boarding Officer to decide if your boat is overloaded or not. Plus you can't be cited by the USCG for overloading, only for negligent operation. Overloading is a subset of negligent operation.

3. Yes you can have a plate made and put it on the boat. it doesn't even have to meet all the Federal requirements for durability, fading, etc, because the law doesn't apply to you. But it is easy enough to do. Make one and print it out on your home printer and laminate it in plastic. That is what I have done and what I often did for many boat owners whose plates were missing. look here to see what they look like http://newboatbuilders.com/pages/labels.html, or you can have a professional label maker gin one up for you in plastic or metal if you want to go to that expense.

Many states now have laws similar to this but it is my opinion they would never stand up in court. But it is a misdemeanor in most states and not worth fighting in the courts because of the expense, so they get away with it. Some day some one will take it to court and the lawyers will have to start rewording these laws.
 

Peter Eikenberry

Chief Petty Officer
Joined
Sep 3, 2007
Messages
408
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

3. Yes you can have a plate made and put it on the boat. it doesn't even have to meet all the Federal requirements for durability, fading, etc, because the law doesn't apply to you. But it is easy enough to do. Make one and print it out on your home printer and laminate it in plastic. That is what I have done and what I often did for many boat owners whose plates were missing. look here to see what they look like http://newboatbuilders.com/pages/labels.html, or you can have a professional label maker gin one up for you in plastic or metal if you want to go to that expense.

See the above. Make your own. It is a lot of trrouble and hassle to get one whne the boats is old and the builder long gone. You can make it on a computer, laminate it in plastic and epoxy it on to your boat. My three year old boat has one made that way and it hasn't weather or faded even though it sits in the sun all day.

If you don;t know the capacities, try asking on various forums if anyone has the same boat, or some used boat price guides give the figures. HP is easy, see http://newboatbuilders.com/pages/hp.html the hard part is the maximum weight and persons capacity.
 

Shife

Chief Petty Officer
Joined
Oct 22, 2009
Messages
404
Re: Need info from a Spectrum 1700 owner - USCG Capacity Plate

A bit late, but here's mine:

IMG00241.jpg


It is a '87 Fish & Ski S170
 
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