Ok I Had a Gentleman ask me about used 1642 john boat that he had found on a consignment lot a Bow-hunting platform 6 lights a generator and 3 batteries and a 50 hp merc on it and he asked if it was a good deal! I told him he had better check the sticker because it sounds like it was over-loaded to be legal or safe. so I got to wondering if 2 adults drowned on a boat that was modified and some one sold it on consignment who would be liable The new owner, the guy who modified it or the broker that sold it? So I did a little more math and some research an average Capacity sticker on a 16ft aluminum boat is a 1000lbs - 200lbs for the motor 3 batteries -210 lbs 6 flood lights -60 lbs welded platform- 100lbs? Gas -60lbs generator -100lbs anchor and boating stuff -50lbs 2 people -320= a Submarine?
would a game warden ticket you? Just Wundering out loud

I don't think you are required by law in the state of Texas to follow the recommended capacity. My boat doesn't even have a plate on it. I know that they can give you a ticket for unsafe boating practices, but I think that up to their discernment.

ok I checked it is a federal Law
FEDERAL LAW

183.23 - Capacity marking required

Each boat must be marked in the manner prescribed in Sec.s 183.25 and 183.27 with the maximum persons capacity in whole numbers of persons and in pounds, the maximum weight capacity in pounds, determined under Sec.s 183.33 through 183.43, and the maximum horsepower capacity determined under Sec. 183.53 or the statement

If a boat can float with a screen door put in place with Flex Seal, tell him to buy it. Just lighten the load and don't adventure too far from the shore on the first trip.

I read the law at one time, and now I can't find it. Yes, they are required to be manufactured with a plate installed, but state law determines whether or not you have to follow it. I'm pretty sure as long as you have enough life vests for all people on board it isn't an issue, but I would just call the TPW and ask them.

Why would the seller be liable? He didn't sell it with two people in it. :-) That's a democratic party statement. Sorry, right to remain silent without the ability. But yes you are correct, that boat is very overloaded. Everyone thinks flat-bottom jon boat automatically means stable. I have been in some small 10' jon boats with two people and felt uncomfortable even moving around.

Yes, you are required to follow the placard. Most often it is best to consider the general nature of the weight listings. I have seen it enforced several times, but can't find the specific citation code. I think it falls under Citation Code 299 which is Section B - Operational violations which is an open code to fill in the nature of the violation.

Consider the 4 person or 550 pound to mean 2 adults or 1 adults and two kids or 2 adults and maybe to small kids. The use of commonsense can save a life. Obviously water conditions and weather can greatly change the boats ability to stay afloat.

If you are fishing close to shore in a cove on a calm day you might get by having 3 adults in the boat. If you are going to try and run the lake with 3 adults and the wind is blowing 10 mph and waves are breaking almost over the transom, you probably need to rethink the plan...

I guess that's why it was for sale
LOL

Get a life.

I better start weighing all the junk I have in my Ranger. LOL I'm sure with my wife and myself and all my junk it is way overloaded just because I have half of the Bass Pro Shop in it. Just kidding folks, but I do carry way too much stuff.

Yes, you can be cited. Operating an overloaded vessel is dangerous, and operating an overloaded vessel is a violation.

state law is not concerned with an exact weight or number capacity as is marked on the average fishing boat.

The rating is really a manufacturer warning for total weight or engine size implemented for use in litigation. Have a crash and afterwards when someone is trying to bring a lawsuit against a manufacturer for some defect then they can try to use it against you in civil court.

The main concern is with how the boat is operated (BWI, reckless operation, hazardous wake and wash, lights after sunset) and if there are enough life jackets and are they readily accessible.

You try to pile a bunch of people on a boat and normally there is going to be an issue with insufficient number of PFD (personal flotation devices) or accessibility

Thanks for answering that, pretty much what I thought. Looked it up after seeing some wakeboard boats on Lewisville crammed with people, did appear to be a guaranteed way to get stopped for a safety check though from what I saw.

I asked a Game Warden once about a ski boat with kids hanging off of it everywhere. He said as long as they have a PFD for everyone on-board their is no problem and that the plate`s capacities are a recommendation only. Coast Guard regulations for off shore differ. Their are some new boats that do not have the plates.

Gary - All boats must be labeled with a Capacity Plate per the USCG Code of Federal Regulations (CFR).

CFR 183.23 Capacity Marking Required
http://www.ecfr.gov/cgi-bin/text-idx?SID=fc6c44aa3c4d737de34b8fb357343cb7&node=33:2.0.1.8.45.2.237.2&rgn=div8


CFR 183.25 Display of Markings
http://www.ecfr.gov/cgi-bin/text-idx?SID=fc6c44aa3c4d737de34b8fb357343cb7&node=33:2.0.1.8.45.2.237.3&rgn=div8