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Dec 30th, 2023
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 Re: Capacity Sticker !!!! Ticket or sink or sue?
[Re: StateGameWardenTX]
#9906668
04/14/14 03:36 PM
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Joined: Jan 2009
Posts: 50,380
fouzman
Methuselah
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Methuselah
Joined: Jan 2009
Posts: 50,380 |
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 SGWTX, I'd like to thank you for taking the time to join TFF and answer some of these questions. Takes care of the "I heards", "I thoughts" and "I'm too lazy to read the General Regulations" folks. Plus the time you take to answer may save folks $$$ and, more importantly, lives. Many Thanks for all you folks do! Fouz
Coincidence is His way of remaining anonymous.
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Re: Capacity Sticker !!!! Ticket or sink or sue?
[Re: 361V]
#9907805
04/14/14 09:37 PM
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Joined: Apr 2014
Posts: 61
Glockfather
Outdoorsman
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Outdoorsman
Joined: Apr 2014
Posts: 61 |
Why would the seller be liable? He didn't sell it with two people in it. :-) That's a democratic party statement.  sounds about right. To add and state the obvious, even if it were the letter of the law, which we deemed it isn't. It would only be illegal to use it not own it. 
Catch and release or Catch and grease......u decide
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Re: Capacity Sticker !!!! Ticket or sink or sue?
[Re: Kenjerman]
#9909880
04/15/14 05:38 PM
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Joined: Apr 2004
Posts: 14,771
Stump jumper
TFF Guru
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TFF Guru
Joined: Apr 2004
Posts: 14,771 |
A QW will write you up for being over on the number of persons. I witnessed it under 515 once. He wrote them up for 3 or 4 things. They have no way to verify weight so nothing they can do there. My understanding is they do not enforce the HP rating in Texas but some states such as OK have been known to. I imagine that HP is like weight. Just because the sticker on the cowl says 150 does not mean that is waht is under there.
2200 Bay Champ/200 Mercury Optimax
2017 Tundra TSS 4x4 Crewmax 5.7L
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Re: Capacity Sticker !!!! Ticket or sink or sue?
[Re: Stump jumper]
#9915336
04/17/14 03:40 PM
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Joined: Apr 2014
Posts: 17
StateGameWardenTX
Green Horn
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Green Horn
Joined: Apr 2014
Posts: 17 |
A QW will write you up for being over on the number of persons. I witnessed it under 515 once. He wrote them up for 3 or 4 things. They have no way to verify weight so nothing they can do there. My understanding is they do not enforce the HP rating in Texas but some states such as OK have been known to. I imagine that HP is like weight. Just because the sticker on the cowl says 150 does not mean that is waht is under there. what is a QW?
Law Enforcement Off The Pavement - Serving Texans since 1895
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Re: Capacity Sticker !!!! Ticket or sink or sue?
[Re: StateGameWardenTX]
#9916568
04/17/14 11:11 PM
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Joined: Apr 2012
Posts: 1,809
I love fishing
Extreme Angler
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Extreme Angler
Joined: Apr 2012
Posts: 1,809 |
A QW will write you up for being over on the number of persons. I witnessed it under 515 once. He wrote them up for 3 or 4 things. They have no way to verify weight so nothing they can do there. My understanding is they do not enforce the HP rating in Texas but some states such as OK have been known to. I imagine that HP is like weight. Just because the sticker on the cowl says 150 does not mean that is waht is under there. what is a QW? Probably meant "GW" - game warden.
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