Is compliance with a data plate regulatory?

[Zebra]

For several years I have been using a 105 HP outboard, however, the data plate says max HP is 85. Does non-compliance with the limitations on the data plate violate a Federal regulation or...?

 

[nitsuj]

Re: Is compliance with a data plate regulatory?

I could be wrong, and if I am I hope someone will correct me, but I thought I read somewhere that you have a certain percentage you can exceed the number on the plate. I used to have an old Glastron with a 115 Johnson mounted on it. Technically, I still have it. Anyhow, the boat was rated for 85hp but it had a 115 on it. My dad bought the boat new in 70 and that's how the Glastron/Johnson dealer had it when he bought it. 20 some years later when I started using the boat, the same dealer refused to work on it because the motor was too big for the boat. I told them they were the ones that made it that way and they didn't believe me. They went and checked their records and confirmed that I was right. The old guy behind the counter looked at me and said "Back then, you could get away with things like that." So, I guess at one time, no one cared. Apparently, now they do.

 

[H20Rat]

Re: Is compliance with a data plate regulatory?

it is up to your state... i've personally never heard of anyone ever running into issues with engine overpowering, and capacity is more a judgement call by whoever stops you.

people get all weird about boats for some reason. if I double the horsepower in a car I have an entire hotrodder subculture behind me. Do the same in the boat and people suddenly think you are the most dangerous person on the water. truth is that irresponsible people aren't limited by engine size!!

lots of people will bring up all kinds of supposed insurance issues, but i've worked in insurance and have never heard of a single case of insurance being denied because of overpowering.

 

[roscoe]

Re: Is compliance with a data plate regulatory?

Illegal in Wisconsin.
Willful violation, getting caught means you are guilty.

 

[109jb]

Re: Is compliance with a data plate regulatory?

As I understand it, on a federal level it is a federal requirement that you have a data plate on your boat, but there is no legal requiirement that you adhere to what it says. However, that doesn't mean that the Coast Guard can't say your boat is unsafe and make you take it to shore. Also, although there are no federal requirements or laws saying you have to adhere to the data plate, many states do have laws that say you must adhere to the data plate restrictions. On top of that, if an accident were to happen your insurance company (if you have insurance) could refuse to pay a claim by using your failure to comply with the data plate as their reason. In my opinion, if you want a boat with more horsepower than the data plate says then you should get a different boat. Same with the capacity listed on the plate.

 

[RICHARD5]

Re: Is compliance with a data plate regulatory?

Willful violation, getting caught means you are guilty.

Aren't you already guilty as soon as you do the deed but found guilty if caught?

 

[wajajaja02]

Re: Is compliance with a data plate regulatory?

DATA /CAPACITY DECAL IS NOT REQUIRED ON MY 22 FY AFT CABIN 1086 , I searched and it is exempted, I carry that page with me. Its a Sun Runner and the manufacture is defunct. and the Hudson river is full of coast guard.

 

[tashasdaddy]

Re: Is compliance with a data plate regulatory?

this is the USCG regulation.

The United States Coast Guard has an opinion on this frequently asked question, and their answer from their website is reproduced below:
Can I use a bigger motor on my boat than what it's rated for?
It is not a violation of Coast Guard regulations to install or use an engine larger than specified on the capacity label, but there may be state regulations prohibiting it, and restrictions from your own insurance company regarding this.
There are no Coast Guard regulations against exceeding the safe loading capacity, however, there may be State regulations or restrictions from your insurance company which prohibit this. There is a Coast Guard regulation that gives Coast Guard Boarding Officers the power to terminate the use of a boat (send it back to shore) if, in the judgment of the Boarding Officer, the boat is overloaded. There is no fine for this, unless the operator refuses the Boarding Officer's order. We certainly hope that you will abide by the rating, as overloading may lead to capsizing or swamping of the boat.
NOTE: The Coast Guard Capacity Information label is required only on monohull boats less than 20' in length. The label is not required on multi-hull boats, pontoon boats (catamarans), or on any sailboats, canoes, kayaks, or inflatable boats, regardless of length.
As the Coast Guard mentions, local regulations may apply. For example, in the state of Ohio one should be guided by this regulation:
Capacity Plates
(ORC 1547.39 & ORC 1547-40)
No person shall operate or permit operation of a watercraft in excess of any of the stated limits on the capacity plate. When no capacity plate exists, no person shall operate or permit operation of a watercraft if a reasonably prudent person would believe the total load aboard or the total horsepower of any motor or engine presents a risk of physical harm to persons or property.

 

[Zebra]

Re: Is compliance with a data plate regulatory?

WOW, this forum is the Boater's Library of Congress ! Thank you for your tips and wisdom.

 

[MrBigStuff]

Re: Is compliance with a data plate regulatory?

people get all weird about boats for some reason. if I double the horsepower in a car I have an entire hotrodder subculture behind me. Do the same in the boat and people suddenly think you are the most dangerous person on the water. truth is that irresponsible people aren't limited by engine size!!

I have encountered this analogy before and here's my take-

Design. Cars are not designed with repowering in mind. They are built around a purposeful engine and drivetrain. Therefore, they do not have information pertaining to the maximum allowable engine size for a particular frame/body/drivetrain combination. Most often, the cars people are overpowering were designed and built in an era when overkill was normal. The day has yet to come when somone stuffs a big block into a Yaris. Boats have more demanding performance requirements that require they be as light as possible while still being strong enough to meet the application.

Modification. When you modify the car, it's often accompanied by beefing up the elements that are not up to the task; transmission, springs, rear end, rear suspension etc. When someone plops a 200% over rated OB on a boat, how often do they consider upgrading the transom or supporting structure?

Risk. What happens when your rodded car suffers a failure? What happens when your modified boat fails?