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-   -   Are USGS Capacity stickers enforceable? (http://www.wakeworld.com/forum/showthread.php?t=797132)

CarZin 03-01-2013 10:03 AM

Are USGS Capacity stickers enforceable?
 
CORRECTION: Was supposed to read USCG, not USGS

I posted this on Centurioncrew.com, but should have posted it here with a wider audience. I know a lot of you put a lot more weight on your boat than the sticker allows for, especially when wakesurfing. Hell, the Centurion I ordered can fill 4300 pounds stock, and I doubt the sticker allows for half of that. Have you gotten any crap from law enforcement? Where I boat, there has only been one ticket that I am aware of for wakesurfing, and it was an officer that wanted to be a prick, and tried to apply some teak surfing law. It was fought in court, and it was dismissed.

But was curious if anyone knows the laws with regards to required compliance as well as personal stories.

shawndoggy 03-01-2013 10:04 AM

post a pic? I've only seen NMMA placards. NMMA is an industry trade group.

CarZin 03-01-2013 10:06 AM

Well, I don't have a picture. I am referring to the big label in the boat that says 'Maximum Number of people 14 or 2300 pounds'. I thought it was a USCG label. I made a typo and put USGS instead :) Its not the US Geological Survey :)

whiteflashwatersports1 03-01-2013 10:07 AM

It is a guideline

CarZin 03-01-2013 10:09 AM

This is an example:

http://i171.photobucket.com/albums/u...n/IMG00241.jpg

CarZin 03-01-2013 10:11 AM

"It is a guideline"

I assumed so. I have heard varying degrees of answers to, 'its a guideline' to 'its ticketable'. I never feel like asking a game officer when they pull me over ;)

shawndoggy 03-01-2013 10:16 AM

Lets put it this way.... your boat doesn't have to have one of those placards by law, so you could take it out. Manufacturers that are not members of NMMA don't put those placards in their boats at all.

lifetimewarranty 03-01-2013 10:18 AM

Quote:

Originally Posted by whiteflashwatersports1 (Post 1809379)
It is a guideline


Seriously? I really hope your are right, but I doubt it. Please post evidence.

Posted as shawn did...Interesting. And rings somehow true. My old Sanger didn't have one but my Mastercraft does.

So what if it says max 10 people and you have 8 little kids and 4 adults...? Or for that matter 12 people of normal size...?

john211 03-01-2013 10:23 AM

I've heard 2 things. And it has been posted here many times before (including the correct citation to the rule or law).

There is a Coast Guard rule (CFR I guess, maybe a law, USC) that recites something like this:-- if the vessel is over 20 feet then the operator gets to choose what capacity he or she thinks is safe.

In contrast to that, some state water patrols write citations for excess capacity regardless.

brhanley 03-01-2013 10:55 AM

You should check your State's laws and probably federal laws on certain bodies of water. Generally, I think USCG is a guideline only for boats over 20 feet, and the test in CA is a subjective one of whether it is basically unsafe as overloaded. You need all the safety gear, including life jackets that fit for everyone on board. My guess is many officers/sheriffs would treat the USCG guideline as a rough substitute for "unsafe" or "overloaded" so a good idea not to go showing the officer your sick ballast set up. In my experience, they don't seem to look for loaded down boats as much as they seem to look for lots of people on the boat, partying, hanging on gunnels, etc.

brhanley 03-01-2013 11:21 AM

I just wasted some time looking for a cite to the law on this. I did the same thing a few months ago. Found nothing concrete. The closest I could find is a weight capacity plate is not required by the USCG on boats over 20 feet in length. However, it appears that manufacturers who want some special certification can go through the federal tests and they get the plate by meeting the tests (the plate reflects some federal calculations). Weird because I did the same thing a few years ago and it was easy to find backup.

brhanley 03-01-2013 11:39 AM

14 CCR 6550.5(d)(8) -- below is a reg that allows them to order your boat off the water if overloaded. 6550(b) also appears to say that federal exemptions, including USCG regs, apply if not in conflict with specific state rules. So, if USCG plates are not required for boats over 20 feet, then I think those plates aren't legal requirements. My head is now spinning.

Boat is overloaded to such an extent that there exists so little freeboard
the danger of sinking or capsizing may be imminent. Any person operating
an unsafe vessel, as specified in this subsection, shall remove it to the shore
or to a safe moorage or anchorage as directed by the peace officer

JetRanger 03-01-2013 11:47 AM

USCG capacity plates are merely a suggestion, like the lines on a highway, the posted speed limit, height restrictions on roller coasters, and the concertina wire surrounding electrical stations and transformers.

Brearly_Mason 03-01-2013 12:25 PM

A good attorney can make them seem like the law in front of a jury though... If you are running weight over the capacity of the plate and something happens, a slick attorney will end up using it against you. CYA is all I can say.

Brearly_Mason 03-01-2013 12:35 PM

Wasn't it used in the case where the guy in Mastercraft ran over someone because they had to much weight in the front? I can't remember, but I read the court transcript or whatever it is called and it was mentioned.

Nordicron 03-01-2013 1:05 PM

I know in WI they take the min of either the weight limit or people limit an will write you a ticket for being over the capacity plate. Meaning of you have a people cap of 6 or 1200lbs if you have 6 kids in the boat plus driver you will get a ticket. It's about $170 here also!

wakebrdr94 03-01-2013 1:08 PM

Yes, you can receive a citation for exceeding the limit in your boat. It is almost a judgement call by the officer, but his is the last word. I have seen people ticketed for weighting their boats for surfing as well. Yes a lot of us do it, but it is unsafe to lean boats in that manner. Just don't be the d bag on the lake drawing attention to yourself and you "should" be okay. But what are you going to do? Argue with the cop and make it worse on yourself. If you get a ticket, just know you got caught and take it as a learning lesson. You don't want to be infront of a judge fighting it when the officer says you had a combative attitude.

cadunkle 03-01-2013 1:27 PM

If you're over 20' and worried about it just remove the plate or sticker. Not required. If they ask you don't have to say anything, or you can claim ignorance, PO must have removed, not required over 20', whatever work for you. If your corner isn't about to go under and your gunnels aren't about to go under I don't know why they'd harass you unless there's a law specifically stating it's illegal.

Made me think of this slammed 2001... But I've seen plenty worse for surfing with the back corner almost dipping under or fuel fill or vent relocations and such. If you have to do that stuff to keep water out of the tank I'd steer clear of law enforcement and that capacity sticker won't help your argument.

http://www.wakeworld.com/MB/Discus/m...919/429615.jpg

john211 03-01-2013 2:59 PM

My Google query:

site:wakeworld.com uscg capacity

Some of the results:

http://www.wakeworld.com/MB/Discus/m...tml?1079638088

http://www.wakeworld.com/MB/Discus/m...tml?1247540652

http://www.wakeworld.com/MB/Discus/m...tml?1143000495

http://www.wakeworld.com/MB/Discus/m...tml?1104341876

simplej 03-01-2013 3:58 PM

Uscg ARE enforceable and are required on all boats under 20 feet. NMMA plates are NOT enforceable and its therefore at the officers discretion. Just know the law and know your plate
And don't drop it as low as jb.... Good god

downfortheride 03-01-2013 5:57 PM

1 Attachment(s)
My 2012 F21 don't have one? Hell I got stopped by the NPS and they didn't ask for half the crap I carried. Interesting!

WAIT! There is a sticker right by my throttle...
Attachment 28053

shawndoggy 03-02-2013 3:55 PM

🙈

rallyart 03-02-2013 11:50 PM

Josh, that one is enforceable

ilikebeaverandboats 03-03-2013 4:48 PM

For those in AZ, look at the bottom of page 8 "Overloading" There is no reference to where this is law, but it is in the Game and Fish Departments brochure....
http://www.azgfd.gov/pdfs/outdoor_re...ating_laws.pdf

My 20ft 2002 Tige does not have a capacity plate though.

03-03-2013 5:00 PM

Lets hope its not. Mine is like 6 people or 950 pounds and I have over 1300 lbs in fat sacks and lead alone........

wakebordr11 03-03-2013 5:53 PM

Quote:

Originally Posted by cadunkle (Post 1809432)
If you're over 20' and worried about it just remove the plate or sticker. Not required. If they ask you don't have to say anything, or you can claim ignorance, PO must have removed, not required over 20', whatever work for you. If your corner isn't about to go under and your gunnels aren't about to go under I don't know why they'd harass you unless there's a law specifically stating it's illegal.

Made me think of this slammed 2001... But I've seen plenty worse for surfing with the back corner almost dipping under or fuel fill or vent relocations and such. If you have to do that stuff to keep water out of the tank I'd steer clear of law enforcement and that capacity sticker won't help your argument.

http://www.wakeworld.com/MB/Discus/m...919/429615.jpg

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