i know your not being a smartass…just trying learn…so here ya go grasshopper…remember i said some states have their own boating laws and some states “adopt” federal regs…SC follows both…so the link to the code of fed regs shows the requirements for t your capacity plate…have fun reading it…
since it (fed regs) are in fact federal law it (they) are legal and binding…while state law may say “should” fed regs are set in stone…the good side to this is (if there is a good side) is a majority of “persons” who have the authority to stop and check your boat and enforce boating laws have no idea of the federal regs and that they also apply to your boat…
ask any “law enforcement” official what you are required to carry and you’ll get the standard safety stuff BUT fed regs also state you (all boaters) are required to carry charts/coats pilot/light list/tide tables and tidal current tables…Title 46 CFR subchapter C…
very few boaters are aware that they are bound not only by state boating regs but also by federal boating regs
It outlines exactly how to determine the capacity that MUST be listed on the plate.
it does not say however, that the operator must follow said capacity plate.
unless i’m missing something which is entirely possible.
" 183.35 Maximum weight capacity: Outboard boats.
(a) The maximum weight capacity marked on a boat that is designed or intended to use one or more outboard motors for propulsion must be a number that does not exceed one-fifth of the difference between its maximum displacement and boat weight."
I have to agree with Floater here.
It goes into great detail about what’s supposed to be on the capacity plate and how it’s derived, but no where that I can see does it say that operators must comply with the information posted on the plate.
Of course common sense says read and heed, but why didn’t they put something in the regs.
The wording is so specifically directed at the plate that it seems that the fact that an operator must comply with the plate was intentionally omitted.
quote:Federal law requires single-hull boats less than 20 feet in length to have a capacity plate.
Federal Law requires to have the plate when sold. Once you buy it, you can rip the ■■■■ thing off and throw it away. Even if you bought a new boat under 20 feet that didn’t ahve one, it’d be the dealer/manufacturer that would catch the wrath, not the purchaser.
Mine got destroyed when I had some fiberglass work done, and it was too faded to read anyhow. So I went thru this whole ordeal to make sure I was not doing something illegal; reading the CFR, calling DNR, all that jive.
Final Answer I got is that in South Carolina You’re not required to display a capacity plate on the bote.
Okay, I’ll be the monkey with the wrench. What happens if your boat does not have a capacity placard? As far as I know, there is no law that says your boat has to have one is there? How would you know how much/many?
My son got a $150.00 ticket a couple weeks ago from the Mt. Pleasant police boat for having 5 people onboard my Key West flats boat and the placard said 4 max. DNR never hassles him about that but these other folks… Their combined total weight was probably 200# under the weight limit.
SeaPro 23 WA Yam 225
High Tide 16 Honda 40
Key West 17’ Stealth Yam 115
The key word on the placard that should be acknowledged is “Recommended”. Sometimes it is actually missing but is still implied. The manufacturer who places that sticker on the boat is recommending a certain capacity with reference to engine HP, persons, and total weight. They are not writing a law, and they surely do not have a clue under what conditions a boat is being operated under on any specific day. For example; let’s say we have a typical 21’ boat and the sticker is missing. Now it’s up to the operator and he’s having a great boating weekend. On Saturday he’s taking his boat to one of the islands on Lake Marion and wants to transport several family members. The lake is calm with no perceptible wind. On Sunday he plans to go to the ledge and troll for Wahoo. The forecast is for 15mph winds out of the NE. Is his safe load the same for both days? Of course not, but if the builder puts a sticker on the boat he has to err on the side of caution and rate the boat for the worst case scenario. Do we really need that kind of babysitting? Shouldn’t the owner/operator of a twenty one foot boat have at least the common knowledge to recognize that the conditions under which a boat is operated determines to a great degree what the legitimate load limit is for that day? In fact, if you read carefully the USCG guidelines with regard for load limit, that’s pretty much what they say, but surprisingly not many law enforcement individuals know that, not even USCG folks.
The key word on the placard that should be acknowledged is “Recommended”. Sometimes it is actually missing but is still implied. The manufacturer who places that sticker on the boat is recommending a certain capacity with reference to engine HP, persons, and total weight. They are not writing a law, and they surely do not have a clue under what conditions a boat is being operated under on any specific day. For example; let’s say we have a typical 21’ boat and the sticker is missing. Now it’s up to the operator and he’s having a great boating weekend. On Saturday he’s taking his boat to one of the islands on Lake Marion and wants to transport several family members. The lake is calm with no perceptible wind. On Sunday he plans to go to the ledge and troll for Wahoo. The forecast is for 15mph winds out of the NE. Is his safe load the same for both days? Of course not, but if the builder puts a sticker on the boat he has to err on the side of caution and rate the boat for the worst case scenario. Do we really need that kind of babysitting? Shouldn’t the owner/operator of a twenty one foot boat have at least the common knowledge to recognize that the conditions under which a boat is operated determines to a great degree what the legitimate load limit is for that day? In fact, if you read carefully the USCG guidelines with regard for load limit, that’s pretty much what they say, but surprisingly not many law enforcement individuals know that, not even USCG folks.
In the boating industry for over thirty years.
So, you’re saying that it’s OK to take a 21’ boat to the ledge?
The key word on the placard that should be acknowledged is “Recommended”. Sometimes it is actually missing but is still implied. The manufacturer who places that sticker on the boat is recommending a certain capacity with reference to engine HP, persons, and total weight. They are not writing a law, and they surely do not have a clue under what conditions a boat is being operated under on any specific day. For example; let’s say we have a typical 21’ boat and the sticker is missing. Now it’s up to the operator and he’s having a great boating weekend. On Saturday he’s taking his boat to one of the islands on Lake Marion and wants to transport several family members. The lake is calm with no perceptible wind. On Sunday he plans to go to the ledge and troll for Wahoo. The forecast is for 15mph winds out of the NE. Is his safe load the same for both days? Of course not, but if the builder puts a sticker on the boat he has to err on the side of caution and rate the boat for the worst case scenario. Do we really need that kind of babysitting? Shouldn’t the owner/operator of a twenty one foot boat have at least the common knowledge to recognize that the conditions under which a boat is operated determines to a great degree what the legitimate load limit is for that day? In fact, if you read carefully the USCG guidelines with regard for load limit, that’s pretty much what they say, but surprisingly not many law enforcement individuals know that, not even USCG folks.
In the boating industry for over thirty years.
So, you’re saying that it’s OK to take a 21’ boat to the ledge?
I know of several people who run more hp than the plate states. The weight/ number of people should wash. I have never heard of any problems on max weight/ people other than the above post. Common sense goes a long way.
Don’t SC law officers have to site a statute when issuing a citation (as most other states do)? Seems it would be really tough to plan a defense without knowing the basis of the ticket, or planning a credible defense if there really is one noted on the ticket and it’s overlooked … [:0]
Has anyone ever seen a Magistrate overrule a ticket and side with the defendant? From what I’ve seen, they will always side with law enforcement regardless if the officer is right or wrong.
I don’t think Magistrates are required to have any experience in law. Seems all they know is what the officer tells them and if the officer is incorrect, oh well. Better ask for a jury trail.
Has anyone ever seen a Magistrate overrule a ticket and side with the defendant? From what I’ve seen, they will always side with law enforcement regardless if the officer is right or wrong.
I don’t think Magistrates are required to have any experience in law. Seems all they know is what the officer tells them and if the officer is incorrect, oh well. Better ask for a jury trail.
Yes, I got a ticket for speeding once.
I pleaded not guilty in court.
The judge reviewed the ticket and found that there was no calibration date for the radar.
He threw it out of court and I wasn’t charged with anything.
Has anyone ever seen a Magistrate overrule a ticket and side with the defendant? From what I’ve seen, they will always side with law enforcement regardless if the officer is right or wrong.
I don’t think Magistrates are required to have any experience in law. Seems all they know is what the officer tells them and if the officer is incorrect, oh well. Better ask for a jury trail.
Yes, I got a ticket for speeding once.
I pleaded not guilty in court.
The judge reviewed the ticket and found that there was no calibration date for the radar.
He threw it out of court and I wasn’t charged with anything.
Happy boatin’ y’all!!
You had a good Magistrate. Who brought up the calibration? I had a retired officer tell me to ask for the calibration charts when I got to court. I plead not guilty and asked for the charts. When the HP officer couldn't produce the charts, the Magistrate looked at me with a 'so what' look and asked what I wanted her to do? I said 'find me not guilty'. I even told her that the officer was required to have the charts in court. She said 2 points of $50 off.
All this was after I had seen 20 or so people go before her. All found guilty and given the option of $50 off or 2 points. Some even had lawyers with them.
I’ve had about 4 or 5 speeding tickets in my life and I have never seen anyone beat a ticket. It was always the option of reduction of points or fine.
It was definitely a surprise to me.
I was just looking for a discount, but the judge looked at the ticket and threw it out.
I didn’t even know anything about the calibration.
This happened in 2001 when I lived in Hawaii.
I’ve never gotten out of one before or since, but it was definitely a pleasant surprise.
With regard to the 21’ boat going to the ledge, let me answer like this:
Some 21’ boats can go to the ledge on some days.
Other 21’ boats can go to the ledge on other days.
But, not any 21’ boat can go to the ledge on any day.
I certainly hope this clears things up, but I’m open to questions.
