40 hp on boat rated for 35?

younggun

Petty Officer 1st Class
Joined
Jul 13, 2012
Messages
251
I have a fiberglass 14 1/2 foot terry angler sr that is rated for a 35 but my dads friend has a running mercury 40 he will sell rather cheap. Is it ok to put that on the boat? The transom and everything in the boat is very solid.
 

WSKIPPER

Seaman Apprentice
Joined
Mar 29, 2013
Messages
34
Re: 40 hp on boat rated for 35?

Provided the shaft length is correct you should be fine...a dealer cannot install anything above the rated hp due to liability issues, but you can...just remember you will probably have issues with insurance if needed...some states will allow a small amount from recommended max hp,some allow only rated hp and below...you're responsible if you install...but people do it everyday...the difference is minimal between the 2, minus the liability you taking on....:)
 

roscoe

Supreme Mariner
Joined
Oct 30, 2002
Messages
21,854
Re: 40 hp on boat rated for 35?

That all depends on your ability to operate the boat safely, the laws of your state, and if it is ok with your insurance carrier..

Here in Wisconsin, it is illegal.

Wis. Statutes. database, updated to March 28, 2013.

CHAPTER 30
NAVIGABLE WATERS, HARBORS AND NAVIGATION
30.62 - 2M

(2m) OVERPOWERING. No person may sell, equip or operate,
and no owner of a boat may allow a person to operate, a boat with
any motor or other propulsion machinery beyond its safe power
capacity rating.

30.80 Penalties. (1) Any person violating any provision of
ss. 30.50 to 30.80 shall forfeit not more than $50 for the first offense and
shall forfeit not more than $100 upon conviction of the same
offense a 2nd or subsequent time within one year.
 

Howard Sterndrive

Rear Admiral
Joined
Nov 5, 2008
Messages
4,603
Re: 40 hp on boat rated for 35?

Depends. At some point in the mid 80's, the way outboard HP was rated changed. A motor that was 40HP in the 1970's was rated at the crankshaft.

A 2013 model year 35HP is rated at the propeller. So, a 2013 35HP has more power than a 1970's 40HP.
Also a 2013 35HP motor would likely be a heavy 4 stroke that would stress the transom beyond the load it was designed for.

Now, good luck explaining that to the gal at your insurance broker's office, but you can try, as an old 40HP would be safer on that boat than a new heavyweight 35HP thrustmonster 4 stroke I'm quite sure.
However the authorities would probably see it the other way around because people enforcing the rules generally have no real authority to look at the situation objectively.

You would get some statement starting with "We were told"...which loosely translates to "I'm not allowed to think for myself, but I have this job to do"
Try to get your insurer on board.

I wouldn't be overly concerned about a $50 fine, but for liability coverage is nice to verify.
 

JB

Honorary Moderator Emeritus
Joined
Mar 25, 2001
Messages
45,907
Re: 40 hp on boat rated for 35?

Any decision to stress something beyond the maker's Maximum rating involves risk. Is it okay? No. Rationalizations can come from many sources but those sources are not responsible for the consequences, you are.

You and your boat might well survive the risk or it might kill you. The small amount of overpower you contemplate seems like a very small risk, but it is still risk. Only you can decide if it is acceptable risk.
 

Texasmark

Supreme Mariner
Joined
Dec 20, 2005
Messages
14,896
Re: 40 hp on boat rated for 35?

State Farm wants to know the rating and the engine installed. If over the rating kiss your policy bye bye.

Mark
 

gm280

Supreme Mariner
Joined
Jun 26, 2011
Messages
14,605
Re: 40 hp on boat rated for 35?

Personally I don't think there would be any problem with either the Rangers OR your insurance. WHY? Because those numbers are merely subjective at best! And the small difference in posted HP on any engine is not the actual or true power output by any stretch. So most will over look small differences. Now if you were trying to put a 60 HP on a 35 plated boat, I could see that being a problem. But seriously, 5 HP difference is hardly anything to worry about or even notice... And I would apply that same scenario to any insurance person as well. Who truly knows their outboard's exact HP output anyway...seriously...? If your outboard has any age on it, it is probably not even close to the published output anymore anyways... So just use some common sense here and pass that onto anybody making claims against such a small issue... Being how most folks are told that their boat manufacture isn’t in business anymore and therefore they can’t supply a new boat spec plate so just make a new plate because the old one has faded. So who would seriously know the difference if you new boat spec plate showed you engine’s HP number on it? That is exactly what I done. My old boat is so old that the manufacturer has been out of business for decades now, but I absolutely couldn’t read the boat’s spec plate without using a 10 X (power) monocular to see what it said. So I had a new one made to show the 40 HP engine that came on the boat from the beginning from the dealer at that time while the boat plate stated 35... Common sense folks...that is all it comes down to...
 

Texasmark

Supreme Mariner
Joined
Dec 20, 2005
Messages
14,896
Re: 40 hp on boat rated for 35?

Personally I don't think there would be any problem with either the Rangers OR your insurance. WHY? Because those numbers are merely subjective at best! And the small difference in posted HP on any engine is not the actual or true power output by any stretch. So most will over look small differences. Now if you were trying to put a 60 HP on a 35 plated boat, I could see that being a problem. But seriously, 5 HP difference is hardly anything to worry about or even notice... And I would apply that same scenario to any insurance person as well. Who truly knows their outboard's exact HP output anyway...seriously...? If your outboard has any age on it, it is probably not even close to the published output anymore anyways... So just use some common sense here and pass that onto anybody making claims against such a small issue... Being how most folks are told that their boat manufacture isn’t in business anymore and therefore they can’t supply a new boat spec plate so just make a new plate because the old one has faded. So who would seriously know the difference if you new boat spec plate showed you engine’s HP number on it? That is exactly what I done. My old boat is so old that the manufacturer has been out of business for decades now, but I absolutely couldn’t read the boat’s spec plate without using a 10 X (power) monocular to see what it said. So I had a new one made to show the 40 HP engine that came on the boat from the beginning from the dealer at that time while the boat plate stated 35... Common sense folks...that is all it comes down to...

Factually, I get a discount on my policy because I have a 90 hp on a boat rated for 135. Now to put a 90 on a boat that gets right at 50mph on a good day seems to be a bit too much hp already. Can't imagine what a 135 would do and I don't want to know, but numbers are numbers and bean counters count beans, not what kind of beans.

Mark
 

younggun

Petty Officer 1st Class
Joined
Jul 13, 2012
Messages
251
Re: 40 hp on boat rated for 35?

I am not worried about insurance because I only payed $200 for the boat because the guy bought it for the trailer. I put a 15 on it and I just want more power. I'm not exactly sure on what yet but I think the motor is a late 70s early 80s merc 40
 

WIMUSKY

Moderator
Staff member
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Sep 26, 2009
Messages
20,314
Re: 40 hp on boat rated for 35?

I am not worried about insurance because I only payed $200 for the boat because the guy bought it for the trailer. I put a 15 on it and I just want more power. I'm not exactly sure on what yet but I think the motor is a late 70s early 80s merc 40

You still should at least carry liability insurance in case you run into someone. That's where it could get sticky with the insurance company covering you......
 

Howard Sterndrive

Rear Admiral
Joined
Nov 5, 2008
Messages
4,603
Re: 40 hp on boat rated for 35?

I am not worried about insurance because I only payed $200 for the boat
Accidentally killing someone with a $200 boat requires the same coverage as accidentally killing someone with a $40,000 boat.
 

JimS123

Fleet Admiral
Joined
Jul 27, 2007
Messages
8,336
Re: 40 hp on boat rated for 35?

OMG, all good advice and its unanimous! Now how can anyone ignore such advice?

Oh, I see the 40 is real cheep! Well, I hope there's enough money left for the insurance. That was the most valuable advice in the whole thread!
 

Texasmark

Supreme Mariner
Joined
Dec 20, 2005
Messages
14,896
Re: 40 hp on boat rated for 35?

You still should at least carry liability insurance in case you run into someone. That's where it could get sticky with the insurance company covering you......

+1. That is what I was referring to.

Mark
 
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