Does capacity apply to being anchored?

[TruckDrivingFool]

Just out of curiosity I ask,

Boat A is a runabout rated at 4, boat B a pontoon rated for 5. Each travels with passengers according to capacity to a meeting point anchors and ties/rafts up. Here comes the hard part -What's your guess of the views of the local LEO would say as he floats up to say 2 in the runabout and 7 on the toon?

 

[Home Cookin']

Re: Does capacity apply to being anchored?

if the boats are anchored together, he'd be a real DB if he said anything. It would be different if you put all 9 in the runabout due to risk of capsizing while anchored. it would also be different if you overloaded the 'toon while anchored and no other boat was around, although if a couple of people went off skiing in the runabout, leavnig extras temporarily on the toon, it should be OK. But idf he comes upon an overloaded boat sittnig in the middle of the lake, he can presume it got there overloaded and is going home overloaded.

The LEO can write a ticket for any unsafe use, and the capacity plates are guidelines for safety. They determine safe use under ordinary operations; it would be unsafe to be at legal capacity and go out in gale warnings. Some state laws codify the capacity plate requirements, so you would have to look at that state's law to see if there are other conditions such as "under way" or "except while moored" that change this.

 

[coastalrichard]

Re: Does capacity apply to being anchored?

You had better have 7 pfd's on the toon or expect at least a warning. I keep the cap limit (10) for pfd's on my boat but RARELY put that many onboard.....but I think I understand the basis for your ??

 

[scrit9mm]

Re: Does capacity apply to being anchored?

I agree with coastal. no matter what that pontoon is rated for you should have one pfd for every person aboard. I think we all have run across a DB marine police before, power trip or whatever. The point is the state has put faith into that officer that he or she would act accordingly. I have found it is best to treat them with kindness and they normally give you the same.

 

[TruckDrivingFool]

Re: Does capacity apply to being anchored?

HC good point will have to look at local regs and see.

Richard - Ya you've got the basis of the question excepting that I'd bet it'd be more like 4-5 adults on the toon and the kids swimming.

I have found it is best to treat them with kindness and they normally give you the same.

That's the truth and its always worked for me but then again I've never been pushing my luck so to speak. Although I guess I hadn't considered the PFD thing.

 

[rallyart]

Re: Does capacity apply to being anchored?

A capacity limit is the capacity limit, if it's on the water.

 

[QC]

Re: Does capacity apply to being anchored?

Overloaded boats always attract extra attention.

 

[H20Rat]

Re: Does capacity apply to being anchored?

A capacity limit is the capacity limit, if it's on the water.

That is up for debate... Lets say you take that pontoon and strip it down to nothing but the logs and a floating deck. Turn it into a swim platform. There is no more legal capacity rating, its as many as you can stuff onto it. (also, life jackets are NOT required for a swim platform.) An anchored pontoon really isn't any different than this, as long as you aren't underway and nobody is manning the helm.

 

[Captain Caveman]

Re: Does capacity apply to being anchored?

That's a thin argument. Try selling that to the CO or LEO!

I'm generally in the camp of those capacity limits being there for a reason. The boat manufacturer tested the floatation and stability of the boat and rated it as such for liability purposes, probably short of its true capacity. However, I always resort to how would I feel if the boat capsized and someone died because I made the decision to exceed the max capacity. You can probably get the extra person or two on the boat, but I wouldn't be expecting any slack from an officer.

 

[coastalrichard]

Re: Does capacity apply to being anchored?

That is up for debate... Lets say you take that pontoon and strip it down to nothing but the logs and a floating deck. Turn it into a swim platform. There is no more legal capacity rating, its as many as you can stuff onto it. (also, life jackets are NOT required for a swim platform.) An anchored pontoon really isn't any different than this, as long as you aren't underway and nobody is manning the helm.

I think it has to do with the "intent". If you have a non-motorized swim platform that is anchored and otherwise "static" it's obvious that there is no operable intent. If you have a motor on the back then it's pretty clear that you have an operable intent and if it's in the water, anchored or not, it's being operated.

 

[H20Rat]

Re: Does capacity apply to being anchored?

That's a thin argument. Try selling that to the CO or LEO!

Already have, well sort of... We used to have exactly what I described. It was an older small pontoon that was converted into nothing but a swim/lounge platform. We have had LEO's pull up just to make sure everyone is ok. No life jackets on board (couple type IV's though to throw), and probably at the capacity.

Anyway, for an anchored, floating platform, different rules can apply. As to the OP, capacity on a pontoon can be a tricky thing. Pontoons rarely go upside down and actually capsize, especially ones that are anchored. What can happen is that you get everyone on one end, and it will dip into the water and dump the people off. This can happen at under half capacity for some pontoons. A pontoon at full capacity or more is actually SAFER, because by sheer fact of available seating, people are going to be distributed.

 

[lncoop]

Re: Does capacity apply to being anchored?

Not sure how hypothetical in nature your question is, but it sounds as though you're considering scenarios that could possibly happen to you. If so, first consider this. I can't imagine a pontoon boat only being rated for five peeps. My first litle eighteen footer was rated for nine I believe, at least eight. So, if you leave a few extra on the toon while the go fast boat is out going fast I can't imagine any issues with law enforcement unless there is ancillary stupidity on flagrant display. I'll leave it to you to determine what constitutes ancillary stupidity on your water.

 

[halfmoa]

Re: Does capacity apply to being anchored?

I think it has to do with the "intent". If you have a non-motorized swim platform that is anchored and otherwise "static" it's obvious that there is no operable intent. If you have a motor on the back then it's pretty clear that you have an operable intent and if it's in the water, anchored or not, it's being operated.

Winner, winner

 

[hog88]

Re: Does capacity apply to being anchored?

It really all depends on how you act if confronted by the LEO. If you are loud and drinking, well then he will look for anything to cite you, up to a BUI. If you are sober and polite and explain what's going on and have all the safety gear most of them will leave you be.

 

[southkogs]

Re: Does capacity apply to being anchored?

Why not call your local "aqua-cops" and ask? "Way-back-when" we used to use a toon as a base of operation for skiing and neither the sheriff or the DNR ever did more than a quick safety check. That was Michigan, I haven't tried it here in TN.

 

[The_Kid]

Re: Does capacity apply to being anchored?

Every capacity plate I've seen has stated X number of people, or XXX number of pounds. Depending on the weight of the people and gear on the pontoon, you may be within the capacity rating with 7 on board.

 

[sschefer]

Re: Does capacity apply to being anchored?

Just out of curiosity I ask,

Boat A is a runabout rated at 4, boat B a pontoon rated for 5. Each travels with passengers according to capacity to a meeting point anchors and ties/rafts up. Here comes the hard part -What's your guess of the views of the local LEO would say as he floats up to say 2 in the runabout and 7 on the toon?

Depends on what kind of mood LEO is in. Technically, you are overloaded. No room for agrument.

 

[The Famous Grouse]

Re: Does capacity apply to being anchored?

Depends on what kind of mood LEO is in. Technically, you are overloaded. No room for agrument.

I agree totally.

The capacity plate is the law anytime the boat is in the water.

Weather or not your LEO would make an issue of this will most likely depend on other circumstances.

Because we have our boat in a popular boating area with a VERY HEAVY LEO presence from multiple agencies, we have been inspected on several occasions. I have NEVER had them even look at the capacity plate. Essentially, the conversation has always been:

1. Got your lifejackets? Yep.
2. Driver, have you been drinking? (With a good look around the boat for evidence.) Nope. Don't drink at all while at the wheel and we leave no visible signs, no cans or bottles laying around, etc.
3. Registration? Usually just waving it at them is good enough.

Done.

But if any of those 3 would have raised a red flag, you could be assured they would board us and go through the boat with a fine tooth comb. That's where I think capacity would be brought up as an issue if you were overloaded.

Re the question of life jackets, it depends on the specific wording of the state law. In my state, you must have the correct number and type of life jackets, but some life jacet rules are not in force when you are at anchor. For example, everyone under 12 has to wear a life jacket while underway, but not at anchor or when in a cabin.

Grouse

 

[rallyart]

Re: Does capacity apply to being anchored?

When they designate the loaded capacity and the person limit they are measured with different criteria. Weight capacity is with evenly distributed weight and is calculated by how far that drops the hull into the water. There are a few different ways to calculate it.
Person capacity is measured with 150# 'people' all on one side and how much list the hull has. (The theory being that people might move around -they obviously never met a certain cousin of mine) The two capacities are calculated differently and do not necessarily correspond to each other. There is no relationship with the number of seats in a boat.
Just for general information and clarity.

 

[TruckDrivingFool]

Re: Does capacity apply to being anchored?

Short answer cause I'm on the road and hate posting from phone,

Saw a CL for a 18' coming up for auction. My sis has mentioned the thought of a toon. Started pondering. And yes by the pic on the auctioneers site rated for 5I thought odd myself. I'll reply better tomorrow from home.