Re: Coast Guard Plate Question
Disclaimer: I am not a lawyer, or a member of law enforcement
That said, the fish and wildlife officer can pretty well write you a ticket for anything if he's having a bad day, or he's "one of those". But he does not carry a set of scales on him to see how much 4 people weigh. The Coast Guard plate limits are also not enforceable, but he can use them to justify writing you a ticket for operating the boat in an unsafe manner. So, if you have 5 people on board, you may get a ticket. But you stand a good chance of winning in court if you can make the case that you were operating the vessel in a safe manner. Particularly if he writes you a ticket if you're anchored. You're technically not "operating" the boat. I got one ticket while anchored in my dad's boat, and I wasn't even the one that drove the boat, but I was sitting behind the steering console. That one never even made it to court. That particular FL Marine Patrol officer was not fond of me. For 4 people, tell him each of you weigh 130 lbs. I have had several infractions in my life, taken them to court, and won them all. The state marine statutes are rather vague in most cases.
The Texas Parks and Wildlife Code is here:
http://tlo2.tlc.state.tx.us/statutes/pw.toc.htm
Pretty well the only thing in the Texas p-e-n-a-l code is for Boating While Intoxicated
There is nothing in the fish and wildlife code that directly addresses the plate limits, but:
Sec. 31.093. RULES OF THE ROAD. The United States Coast Guard Inland Rules apply to all public water of this state to the extent they are applicable.
Sec. 31.094. RECKLESS OR NEGLIGENT OPERATION. No person may operate any motorboat or vessel or manipulate any water skis, aquaplane, or similar device in a wilfully or wantonly reckless or negligent manner that endangers the life, limb, or property of any person.
Sec. 31.124. INSPECTION OF VESSELS. (a) In order to enforce the provisions of this chapter, an enforcement officer may stop and board any vessel subject to this chapter and may inspect the boat to determine compliance with applicable provisions.
<SNIP>
(f) If an enforcement officer determines that a vessel and its associated equipment is being used in violation of this chapter or of any regulation or standard issued thereunder so as to create an especially hazardous condition, he may direct the operator to return to mooring, and the vessel may not be used until the condition creating the violation is corrected.
