The pros and cons of repowering above the manufacturing max

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Country Dave

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The pros and cons of repowering above the manufacturing max HP rating.

This has proven to be a hot topic for as long as I can remember and we don’t have any reason to believe that’s going to change anytime soon. It doesn’t seem to matter which side of the fence you’re on concerning this issue, what is clear is that people seem to be passionate about their opinion ”Whatever that is” and they are certainly initialed to that.

While I’m not trying to change anyone’s opinion what I am trying to do is make clear the facts and legalities of repowering any boat “above the manufacturing max HP rating” Through extensive research including numerous phone call to different governing bodies such as “local marine patrols” “Sheriff’s offices” and the “US Coast Guard” these are my findings.
Simply put “it is not illegal/against the law to repower above the manufacturing max HP rating” It’s not a criminal offence in the state of Florida.

This may be different in your state and with a little research you can easily find out. It’s certainly plausible that your state may have restrictions regarding this however; I really don’t see it as something they target or seem to be very critical about from people I’ve talked to in other states.

Let’s take a minute and look at what we do know about how a manufacture comes up with a max HP rating in the first place. There is a formula that is somewhat standard but it leaves much to the imagination and is open for interpretation. Length, with, transom thickness and height along with the hull materials all factor in. The one thing that is crystal clear is they are always going to error on the side of caution.

Safety first and being reasonable human beings we don’t disagree with that, however there is much more here to consider. What’s not so clear is, how the formula was conceived and constructed, again keeping in mind we don’t have any idea what their standards were. Was it 30% under estimated braking strength of the transom, or was it 10%? Was it 30% under a calculated do not exceed speed for the hull, or 10%? We just don’t know what the baseline criteria were for the said formula and that leaves us with more questions than answers.

From a manufactures standpoint yes safety first but believe you me they are looking out for number one and who can blame them. You can bet liability plays a huge factor when considering what they say should be the max HP motor you should but on a given hull. Any smart business will try and limit their liability as much as possible. So with that being said it’s at least reasonable to believe that there is a pretty good cushion/margin of error that favors a lower HP rating than what the hull could really handle.

In addition if you have a new boat that’s under the manufactures warranty and you over power it “ according to the max rated HP” there is a good chance the will void your warranty. How about insurance companies and your personal liability? I’ve had many boats and I’ve only insured one of them and that’s because I financed it and they wouldn’t to the deal without it. I’m just not a big fan of insurance, maybe you are but it’s a scam as far as I see it.
They will be more than happy to collect your premiums yet God forbid you have to make a claim and now you are the bad guy and it’s like pulling teeth to try and get anything done.

So before we get any further off track what do the insurance companies say about repowering above the max rated HP? Well it’s pretty diverse, no real standard form what I’ve been able to find out. It really all depends on what company you talk to. Some don’t seem to have an issue with it whiles others do and some just want a higher premium. Check it out first if you want to insure your boat and have a higher HP motor than recommended. Personally I wouldn’t tell them chit about my motor unless they asked me very specific questions and always read your policy closely. They will try anything to scam you if they can. LOL

Ok last but certainly not least what about your personal liability if you’re running a boat with a motor that has more HP than the hull is rated for? Let me say this. It’s a numbers game. Have you ever been in a boating accident? Have you ever been in a boating accident were there were injuries? Have you ever been sued over a boating accident? Yeah me ether. However some have and some will be but the chances are not likely from the data that I’ve been able to compile. The bottom line is, if you are involved in a boating accident that was a result of your negligence you may very well get sued and the layers couldn’t give a rats azz how many ponies your outboard has.
If the accident was a result of your negligent it doesn’t matter. Let me say it this way. If you get into a boat accident and it’s your fault you could be paddling it and it doesn’t change anything.

So let’s summarize.

#1 It’s illegal to put a motor on your hull that exceeds the manufactures max HP rating.” Not true”

#2 You can’t get your boat insured or they will automatically drop you and or deny a claim based on engine HP alone. “Not true”

#3 You automatically assume responsibility and liability if you are involved in an accident or incident if your motor exceeds the manufactures max rated HP even if you were not negligent. “Not true”


Your comments welcome.
 
I'm a newb, recently purchased my first boat, a '71 Rhyan Craft.

Considering the boat's age, I was wondering if more experienced boat owners have noticed any change in power ratings throughout the years. Have similar boats (length, transom thickness, etc.) have similar ratings over the years? Has anyone noticed changes in ratings since the introduction of 4 cycle outboards to the small boat market (considering the difference in power-to-weight, if that matters at all)? I'm just curious.
 
Under Mississippi law overpowering a boat with an engine that exceeds the maximum horsepower stated on the capacity plate is considered "Reckless or Negligent Operation" and can be ticketed.

I've never personally been checked for horsepower, just safety equipment and registration card.

In Louisiana, overpowering is equipping the vessel with a motor that is beyond its safe power capacity, taking into consideration the type and construction of the vessel and other operating conditions, and is considered "Reckless Operation"

The Louisiana wording allows for a little more interpretation, Mississippi law references the manufacturers capacity plate.

"Florida law prohibits a person operating a mono-hull vessel less than 20 feet in length while exceeding the maximum weight, persons or horsepower capacity as displayed on the capacity plate installed by the vessel manufacturer." This is not my opinion Dave it is a direct quote from the Florida Boaters education handbook regarding "State Laws".
 

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[url=https://www.tinboats.net/forum/viewtopic.php?p=333366#p333366 said:
oakback » 9 minutes ago[/url]"]I'm a newb, recently purchased my first boat, a '71 Rhyan Craft.

Considering the boat's age, I was wondering if more experienced boat owners have noticed any change in power ratings throughout the years. Have similar boats (length, transom thickness, etc.) have similar ratings over the years? Has anyone noticed changes in ratings since the introduction of 4 cycle outboards to the small boat market (considering the difference in power-to-weight, if that matters at all)? I'm just curious.


In general we have seen HP ratings go up and that's mostly because we're making outboards with more HP than we've seen before. So boat manufactures are building them to accommodate bigger motors. Not as much on smaller craft but yes to some extent. Technology has improved not only for engine manufactures but for boat builders as well. Enough to let builders accommodate bigger engine with more ponies. Everyone wants to be first to the fishing grounds. LOL
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333367#p333367 said:
Lowe 2070 CC » 8 minutes ago[/url]"]Under Mississippi law overpowering a boat with an engine that exceeds the maximum horsepower stated on the capacity plate is considered "Reckless or Negligent Operation" and can be ticketed.

I've never personally been checked for horsepower, just safety equipment and registration card.

In Louisiana, overpowering is equipping the vessel with a motor that is beyond its safe power capacity, taking into consideration the type and construction of the vessel and other operating conditions, and is considered "Reckless Operation"

The Louisiana wording allows for a little more interpretation, Mississippi law references the manufacturers capacity plate.

"Florida law prohibits a person operating a mono-hull vessel less than 20 feet in length while exceeding the maximum weight, persons or horsepower capacity as displayed on the capacity plate installed by the vessel manufacturer." This is not my opinion Dave it is a direct quote from the Florida Boaters education handbook regarding "State Laws".

So if I understand correctly you can overpower a 21ft but not a 20ft. LOL That makes all the sense in the world. LOL I don't think the governing bodies know about this law. Is there a date on that hand book. There may just be some obscure law out there. Maybe you get some cowboy prick and you can get ticketed. I got ticketed for having a flare that was out of date once.
Change your placard and your decals........................... :LOL2:
 
In all my conversation "and they have been numerous" with the Marine patrols, BSO Coast guard etc. Non of them mentioned that law. Most if not all of them said and I quote "There is no law that I'm aware of" My point being as I said before I really don't think its something that they pay much attention to.

If they want to ticket you they are going to find something one way or another. With just a few exception in my 40 plush years boating they have been pretty cool............ :mrgreen:
 
C/D, original post in italics was too much for my eyes. Personal thoughts is it's all fun and games until something stupid happens. I feel that your 'advice' goes against the grain of common sense and does nothing for the good of this community.

The USCG's guide to home built boats goes into testing for your hull and how the data plate changes depending on how the hull is configured / loaded. Tiller steering lowers the load limit considerably vs. a center or side console. Gunnel height and hull materials will change the load limits as well.

Just sticking a larger / taller / more powerful than spec engine vs. the data plate is unsound and increases the potential for stupid to happen.
 
Don't take this comment personally, but Is overpowering worth the risk? If something does happens and lawyers get involved, than part of the legality may be how good your lawyer is? Too me its not worth it.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333390#p333390 said:
Ranchero50 » 31 minutes ago[/url]"]C/D, original post in italics was too much for my eyes. Personal thoughts is it's all fun and games until something stupid happens. I feel that your 'advice' goes against the grain of common sense and does nothing for the good of this community.

The USCG's guide to home built boats goes into testing for your hull and how the data plate changes depending on how the hull is configured / loaded. Tiller steering lowers the load limit considerably vs. a center or side console. Gunnel height and hull materials will change the load limits as well.

Just sticking a larger / taller / more powerful than spec engine vs. the data plate is unsound and increases the potential for stupid to happen.

LMAO you eyes aren't good enough to read the post yet you've concluded that my advice is goes against the grain of common sense. Perhaps you should make the effort to read the post before you make your assertion. That goes against the grain of common sense.

If you would have read the post you would have seen this

"Let’s take a minute and look at what we do know about how a manufacture comes up with a max HP rating in the first place. There is a formula that is somewhat standard but it leaves much to the imagination and is open for interpretation. Length, with, transom thickness and height along with the hull materials all factor in. The one thing that is crystal clear is they are always going to error on the side of caution.

Safety first and being reasonable human beings we don’t disagree with that, however there is much more here to consider. What’s not so clear is, how the formula was conceived and constructed, again keeping in mind we don’t have any idea what their standards were. Was it 30% under estimated braking strength of the transom, or was it 10%? Was it 30% under a calculated do not exceed speed for the hull, or 10%? We just don’t know what the baseline criteria were for the said formula and that leaves us with more questions than answers.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333392#p333392 said:
Gotem » 15 minutes ago[/url]"]Don't take this comment personally, but Is overpowering worth the risk? If something does happens and lawyers get involved, than part of the legality may be how good your lawyer is? Too me its not worth it.

If its not worth it to you sir then my advice would be don't do it. As I said in the post if you're involved in a boating accident that you're found to be negligence it not going to matter that your 15ft Jon boat has a 25HP or a 35HP. Its just pretty amazing to me how people like to play cop, but don't have a clue. As I mentioned before they are most likely reckless in other ways but on the forum there position is "its crazy, reckless and irresponsible to put a motor on your boat that's 10HP above the max rated HP. really................................................ :LOL2:
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333358#p333358 said:
Country Dave » Today, 15:09[/url]"]


So let’s summarize.

#1 It’s illegal to put a motor on your hull that exceeds the manufactures max HP rating.” Not true”

#2 You can’t get your boat insured or they will automatically drop you and or deny a claim based on engine HP alone. “Not true”

#3 You automatically assume responsibility and liability if you are involved in an accident or incident if your motor exceeds the manufactures max rated HP even if you were not negligent. “Not true”

Your comments welcome.


Sorry, Country Dave, but I'm going to respectfully disagree with #3, from personal experience in a court of law. A 31 ft parasailing boat throwing a 3 ft wake swamped my jetboat and killed my Tigershark engine. I filed a report with DNR, and the captain was charged with 'negligent operation.

We went to court, and his lawyer asked me how many HP that engine had. Knowing he probably already knew the answer, I answered truthfully that it was 100 HP. Then he asked me what the rating plate of my boat stated, and again, knowing he probably had the information right there in his hand, and being under oath, I answered that it was rated for 50 HP. Never mind that a TS 1000 engine weighs about 150 lbs, and a 50 HP Merc 2 stroke weighs 205 lbs, the boat was considered to be 'overpowered' which led to it being swamped. Or at least that's what the jury thought.

I lost that case.

So, speaking from experience, I can say it's a roll of the dice. At that time, my boat was not insured. Now it is. So, in the event something like this happens again, I'll just let my insurance company waste their time in court, not mine.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333390#p333390 said:
Ranchero50 » Today, 21:18[/url]"]

The USCG's guide to home built boats goes into testing for your hull and how the data plate changes depending on how the hull is configured / loaded. Tiller steering lowers the load limit considerably vs. a center or side console. Gunnel height and hull materials will change the load limits as well.

Ranchero, can you post a link to this (if one is available) I'd be interested to do some reading on this, just for my own curiosity about inboard HP vs outboard HP configurations, etc.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333373#p333373 said:
Country Dave » Today, 15:15[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333367#p333367 said:
Lowe 2070 CC » 8 minutes ago[/url]"]Under Mississippi law overpowering a boat with an engine that exceeds the maximum horsepower stated on the capacity plate is considered "Reckless or Negligent Operation" and can be ticketed.

I've never personally been checked for horsepower, just safety equipment and registration card.

In Louisiana, overpowering is equipping the vessel with a motor that is beyond its safe power capacity, taking into consideration the type and construction of the vessel and other operating conditions, and is considered "Reckless Operation"

The Louisiana wording allows for a little more interpretation, Mississippi law references the manufacturers capacity plate.

"Florida law prohibits a person operating a mono-hull vessel less than 20 feet in length while exceeding the maximum weight, persons or horsepower capacity as displayed on the capacity plate installed by the vessel manufacturer." This is not my opinion Dave it is a direct quote from the Florida Boaters education handbook regarding "State Laws".

So if I understand correctly you can overpower a 21ft but not a 20ft. LOL That makes all the sense in the world.



It doesn't have to make sense to you dave, the law is still the law.

[url=https://www.tinboats.net/forum/viewtopic.php?p=333373#p333373 said:
Country Dave » Today, 15:15[/url]"]
There may just be some obscure law out there.

I would say that if it is spelled out clearly, and specified in the Florida Boaters ed hand book, and obviously in other states as well, it is not some "obscure law".

[url=https://www.tinboats.net/forum/viewtopic.php?p=333373#p333373 said:
Country Dave » Today, 15:15[/url]"] Maybe you get some cowboy prick and you can get ticketed.

A cop is a "cowboy prick" because he doesn't selectively enforce laws?


I could care less about the HP gain of putting a larger motor on a boat, my concern in the other thread was, and still is the added weight, and the location of that weight. A point which you blew off and marginalized instead of addressing, instead choosing to insinuate I was stretching the truth not even knowing the specs of the two boats I had mentioned. To clarify that know all the facts. I have a tall transom 1652 boat, the other boat is a short transom 1836. Buoyancy is calculated based on the volume of the boat, not the surface area. His boat swamped with 3 guys and 3 dozen decoys. I have had 5 people and 12 dozen decoys in my boat and been fine. Do the math on the weight and you will see that my claim of carrying double the load is pretty darn close.

You are smarter than this man, but you keep trying to ram this back like you can't admit that there is some validity in someones argument to the contrary of yours.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333409#p333409 said:
T Man » Today, 01:20[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333373#p333373 said:
Country Dave » Today, 15:15[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333367#p333367 said:
Lowe 2070 CC » 8 minutes ago[/url]"]Under Mississippi law overpowering a boat with an engine that exceeds the maximum horsepower stated on the capacity plate is considered "Reckless or Negligent Operation" and can be ticketed.

I've never personally been checked for horsepower, just safety equipment and registration card.

In Louisiana, overpowering is equipping the vessel with a motor that is beyond its safe power capacity, taking into consideration the type and construction of the vessel and other operating conditions, and is considered "Reckless Operation"

The Louisiana wording allows for a little more interpretation, Mississippi law references the manufacturers capacity plate.

"Florida law prohibits a person operating a mono-hull vessel less than 20 feet in length while exceeding the maximum weight, persons or horsepower capacity as displayed on the capacity plate installed by the vessel manufacturer." This is not my opinion Dave it is a direct quote from the Florida Boaters education handbook regarding "State Laws".

So if I understand correctly you can overpower a 21ft but not a 20ft. LOL That makes all the sense in the world.



It doesn't have to make sense to you dave, the law is still the law.

[url=https://www.tinboats.net/forum/viewtopic.php?p=333373#p333373 said:
Country Dave » Today, 15:15[/url]"]
There may just be some obscure law out there.

I would say that if it is spelled out clearly, and specified in the Florida Boaters ed hand book, and obviously in other states as well, it is not some "obscure law".

[url=https://www.tinboats.net/forum/viewtopic.php?p=333373#p333373 said:
Country Dave » Today, 15:15[/url]"] Maybe you get some cowboy prick and you can get ticketed.

A cop is a "cowboy prick" because he doesn't selectively enforce laws?


I could care less about the HP gain of putting a larger motor on a boat, my concern in the other thread was, and still is the added weight, and the location of that weight. A point which you blew off and marginalized instead of addressing, instead choosing to insinuate I was stretching the truth not even knowing the specs of the two boats I had mentioned. To clarify that know all the facts. I have a tall transom 1652 boat, the other boat is a short transom 1836. Buoyancy is calculated based on the volume of the boat, not the surface area. His boat swamped with 3 guys and 3 dozen decoys. I have had 5 people and 12 dozen decoys in my boat and been fine. Do the math on the weight and you will see that my claim of carrying double the load is pretty darn close.

You are smarter than this man, but you keep trying to ram this back like you can't admit that there is some validity in someones argument to the contrary of yours.





Awe come on T man don’t get all mad bro,

I never said your argument didn’t have any validity it does. Surely weight and placement should be considered. This is my point. My old air boat, my current truck, my current boats, motor cycles etc all have more HP than what they came with from the factory “airboat was a custom build”

There are many people including ones on this forum and myself for that matter that have vehicles like cars, trucks, four wheelers jet s skis etc that have been modified to have more HP. Many use those vehicles “Mosley cars and trucks” daily and most of them break the law daily by exceeding the posted speed limits, yet that’s just fine, it’s acceptable yet some kid wants to put a couple more ponies on his skiff and out comes the safety patrol.

Really, I mean I think that’s just a little hypocritical. I was just funnin with you. If I insulted you please except my apology that was not my intention. My second point would be I believe and I think the data would suggest that there is a bit of a cushion between what a hull can really handle and what the max recommend HP the manufacture says it can and I think I spelled that out pretty good in my post.

Hey all good bro, I guess I would say if people want to go with more HP then that’s their choice and if they don’t then don’t. It’s that simple but let’s not be so hypocritical. That’s all I’m saying.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333404#p333404 said:
PSG-1 » Yesterday, 22:59[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333390#p333390 said:
Ranchero50 » Today, 21:18[/url]"]

The USCG's guide to home built boats goes into testing for your hull and how the data plate changes depending on how the hull is configured / loaded. Tiller steering lowers the load limit considerably vs. a center or side console. Gunnel height and hull materials will change the load limits as well.

Ranchero, can you post a link to this (if one is available) I'd be interested to do some reading on this, just for my own curiosity about inboard HP vs outboard HP configurations, etc.


Googled this : 'uscg boat builders guide' Got a ton of relevant links. A good many are .PDF's which make great bathroom reads.

https://www.google.com/search?q=uscg+boat+builders+guide&oq=USCG+boat+buil&aqs=chrome.1.69i57j0l5.11496j0j7&sourceid=chrome&espv=210&es_sm=93&ie=UTF-8

BTW, you should have told them the pump HP as that's what the OB/jet guys HP data plate info is based off of. My engine is 85hp, the pump is rated at 30hp. My hull is data plated as a naked tiller steer 1448 with a max 25hp engine.

C/D, from what I remember the single largest determining factor on HP restriction on the data plate is based on the throttle chop from WOT test to determine how the hull reacts to the backwash that will swamp over the transom if not designed, built or loaded correctly. A prop and leg acts like a big brake when you chop the throttle and it'll cause the hull to sag as it comes off plane resulting in the backwash going over the transom. Put a 300lb tiller steer driver with an awkwardly loaded hull (fuel and bat in the back) and you have the recipe for your data plate.

My hull in it's current configuration with the pods takes forever to come off plane. Before the pods it would slip and sink but I wouldn't get any back splash over the transom.

Move the driver to a side or center console or add pods in the rear and the C/G changes enough to invalidate the data plate. Heck, add a front troller and move the battery up there changes it. The USCG realizes that, the MD DNR guys that I deal with love how my boat runs flat and handles great. The boat builder has to spec his data plate based off of what it can handle as it left the factory floor.

As said above, you can get away with just about anything until something stupid happens. Then you need to have your data correct even if the plate isn't valid for your setup. Even knowing your subject isn't going to help if the law say you must obey the data plate. Your only option then is to find a way to get it updated through who ever handles your boat registration and regulation.

I'm not trying to be antagonistic, I just don't want a thread like this to be the cause for someone who doesn't understand the risks and consequences to create an unsafe condition on the water.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333373#p333373 said:
Country Dave » Yesterday, 16:15[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333367#p333367 said:
Lowe 2070 CC » 8 minutes ago[/url]"]Under Mississippi law overpowering a boat with an engine that exceeds the maximum horsepower stated on the capacity plate is considered "Reckless or Negligent Operation" and can be ticketed.

I've never personally been checked for horsepower, just safety equipment and registration card.

In Louisiana, overpowering is equipping the vessel with a motor that is beyond its safe power capacity, taking into consideration the type and construction of the vessel and other operating conditions, and is considered "Reckless Operation"

The Louisiana wording allows for a little more interpretation, Mississippi law references the manufacturers capacity plate.

"Florida law prohibits a person operating a mono-hull vessel less than 20 feet in length while exceeding the maximum weight, persons or horsepower capacity as displayed on the capacity plate installed by the vessel manufacturer." This is not my opinion Dave it is a direct quote from the Florida Boaters education handbook regarding "State Laws".

So if I understand correctly you can overpower a 21ft but not a 20ft. LOL That makes all the sense in the world. LOL I don't think the governing bodies know about this law. Is there a date on that hand book. There may just be some obscure law out there. Maybe you get some cowboy prick and you can get ticketed. I got ticketed for having a flare that was out of date once.
Change your placard and your decals........................... :LOL2:

Most if not all states, Florida included now require anyone born after 1988 (my son for instance, that's why I've seen this) to pass a boater safety class and carry a card indicating such while operating a boat. That information is in the 2012 version of the "Laws and Regulations Chapter".

Personally, I agree with you. My wife is with a personal injury law firm and I fully grasp that we have been lawyered to death, to the point that manufacturers lowball the HP ratings to cover their own butts. I would have no problem slapping a 150 on my boat and feeling perfectly safe.

I just thought I'd point out to you that your Item #1 is True. You may never get checked, I don't know anyone who has, but in the event of an accident it will become an issue.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333403#p333403 said:
PSG-1 » Yesterday, 22:52[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333358#p333358 said:
Country Dave » Today, 15:09[/url]"]


So let’s summarize.

#1 It’s illegal to put a motor on your hull that exceeds the manufactures max HP rating.” Not true”

#2 You can’t get your boat insured or they will automatically drop you and or deny a claim based on engine HP alone. “Not true”

#3 You automatically assume responsibility and liability if you are involved in an accident or incident if your motor exceeds the manufactures max rated HP even if you were not negligent. “Not true”

Your comments welcome.


Sorry, Country Dave, but I'm going to respectfully disagree with #3, from personal experience in a court of law. A 31 ft parasailing boat throwing a 3 ft wake swamped my jetboat and killed my Tigershark engine. I filed a report with DNR, and the captain was charged with 'negligent operation.

We went to court, and his lawyer asked me how many HP that engine had. Knowing he probably already knew the answer, I answered truthfully that it was 100 HP. Then he asked me what the rating plate of my boat stated, and again, knowing he probably had the information right there in his hand, and being under oath, I answered that it was rated for 50 HP. Never mind that a TS 1000 engine weighs about 150 lbs, and a 50 HP Merc 2 stroke weighs 205 lbs, the boat was considered to be 'overpowered' which led to it being swamped. Or at least that's what the jury thought.

I lost that case.

So, speaking from experience, I can say it's a roll of the dice. At that time, my boat was not insured. Now it is. So, in the event something like this happens again, I'll just let my insurance company waste their time in court, not mine.



Bro that is really crazy and unfortunate,

Going to court without representation especially in a jury trial, wow crazy. What’s a Tigershark engine cost these days $1000.00? That king of stuff usually gets handled in small claims court. That’s amazing that you got a jury trial but how the heck did you do that without representation/having a lawyer?

It was not a criminal case right, I mean you sued him for negligence resulting in property loss right? If the other vessel was in a posted no wake zone then everything else is irrelevant. If not then I guess it would be difficult to find him guilty of negligence. Bottom line is you and I both know the extra ponies did not factor in to your boat being swamp, your boat being unsafe, you being reckless.

A good lawyer would have made a compelling argument to that affect pointing out you were not exceeding a posted speed if there was one and that the higher HP motor was lighter that the 50HP motor the boat was rated for and that in no way changes the dynamics or the relative safety of your vessel. I would have won the case for you brother. “That sucks”
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333430#p333430 said:
Country Dave » Today, 09:51[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333403#p333403 said:
PSG-1 » Yesterday, 22:52[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333358#p333358 said:
Country Dave » Today, 15:09[/url]"]





Bro that is really crazy and unfortunate,

Going to court without representation especially in a jury trial, wow crazy. What’s a Tigershark engine cost these days $1000.00? That king of stuff usually gets handled in small claims court. That’s amazing that you got a jury trial but how the heck did you do that without representation/having a lawyer?


It went that way because I filed a report with DNR, and a DNR officer charged this guy with negligent op. So, it was a criminal trial. Immediately following the incident, I had a mechanic look at the engine, and he determined it was totaled. SBT can rebuild a TS1000 for about 2000 dollars. But the swamping in salt water also damaged electrical components, such as the magneto, starter, and also the carbs, as this is where it sucked water in (yeah, the water was THAT deep in my boat!)

So, it was assessed at $4K in damage for parts, labor, etc. During that summer, I bought the FXHO for 2500 dollars, and re-built the boat. And this was one of the debating points in court, why the amounts were different. I explained that for less money, I went ahead and bought a better engine.




It was not a criminal case right, I mean you sued him for negligence resulting in property loss right? If the other vessel was in a posted no wake zone then everything else is irrelevant. If not then I guess it would be difficult to find him guilty of negligence. Bottom line is you and I both know the extra ponies did not factor in to your boat being swamp, your boat being unsafe, you being reckless.

We know that, and the DNR officers who were in court knew that, too, they knew that being an engine-forward design, if anything, would make it LESS prone to swamping, and besides, it was swamped over the bow, not the stern. But your average juror doesn't know that, and we all know juries are picked from lists of registered voters, so, that right there is a bad sign of the intelligence level.

Far be it for me to try to debate over HP ratings with some college-boy prick lawyer with a bowtie, as his rebuttal would be "are you an expert in boat design? What is your qualification?" And the thing is, this same "captain" was already convicted twice in the previous year for the same thing, in fact, the 2 convictions were on the same day in magistrate's court! And one of the boats he swamped was a 22 ft pontoon boat, and it happened basically in the same place where I got swamped. Oh, but we're not allowed to bring that up.





A good lawyer would have made a compelling argument to that affect pointing out you were not exceeding a posted speed if there was one and that the higher HP motor was lighter that the 50HP motor the boat was rated for and that in no way changes the dynamics or the relative safety of your vessel. I would have won the case for you brother. “That sucks”



I may have won it, had I taken the initiative to debate those issues on the stand. But out of respect for the DNR officer who was prosecuting the case, I went in there, and kept my answers as short and simple as possible, so as not to appear arrogant or cocky. Pretty hard to win when the guy has not one, but two lawyers, and they use all kinds of loopholes to exclude evidence and witnesses, basically gutting my case. By the time the case even got started, the rug had been jerked out from under me, and I felt like I was the one on trial.


My dad, God rest his soul, was a lawyer. He had 2 sayings.

One, "if you go to the courthouse expecting justice, that's all you find, is just us."

The other, "if you want justice, go to a whorehouse" (still can't figure that one out, but I think it means if you're gonna pay to get screwed, you might as well enjoy it LOL)

Both are true.


Anyhow, I try not to let it bother me too much, in fact, I do take some vindication in the fact that he actually did me a favor when he swamped me, by putting the P.O.S. Tigershark out of its misery, giving me the chance to get a MUCH better engine.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=333422#p333422 said:
Ranchero50 » Today, 09:19[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333404#p333404 said:
PSG-1 » Yesterday, 22:59[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=333390#p333390 said:
Ranchero50 » Today, 21:18[/url]"]

The USCG's guide to home built boats goes into testing for your hull and how the data plate changes depending on how the hull is configured / loaded. Tiller steering lowers the load limit considerably vs. a center or side console. Gunnel height and hull materials will change the load limits as well.

Ranchero, can you post a link to this (if one is available) I'd be interested to do some reading on this, just for my own curiosity about inboard HP vs outboard HP configurations, etc.


Googled this : 'uscg boat builders guide' Got a ton of relevant links. A good many are .PDF's which make great bathroom reads.

https://www.google.com/search?q=uscg+boat+builders+guide&oq=USCG+boat+buil&aqs=chrome.1.69i57j0l5.11496j0j7&sourceid=chrome&espv=210&es_sm=93&ie=UTF-8

BTW, you should have told them the pump HP as that's what the OB/jet guys HP data plate info is based off of. My engine is 85hp, the pump is rated at 30hp. My hull is data plated as a naked tiller steer 1448 with a max 25hp engine.

Thanks for the info, I'll check that out. You're right, the 1000 Tigershark engine probably puts out about 50 HP at the prop, since a 717 rotax is rated for around 30-35 HP.



Move the driver to a side or center console or add pods in the rear and the C/G changes enough to invalidate the data plate. Heck, add a front troller and move the battery up there changes it. The USCG realizes that, the MD DNR guys that I deal with love how my boat runs flat and handles great.


Same here. The DNR guys I deal with all love my boat, and think it's an ideal patrol boat for low tide. I keep telling them to talk to some of the higher-ups and let me build them a few, but when it comes to those higher-up people in Columbia, they've got their own way of doing things, and it's a different mindset than that of the coastal division. The Coast Guard has also seen my boat, they're impressed with it, as well. In years past, I've done some welding for Station Georgetown, maybe one day they'll decide they need a shallow water patrol boat. I can always hope!
 
"Ranchero 50 wrote "


I'm not trying to be antagonistic, I just don't want a thread like this to be the cause for someone who doesn't understand the risks and consequences to create an unsafe condition on the water.

I respect your knowledge and your opinion sir, and at the risk of sounding like a broken record I will restate my intension and my “opinion” Without going in to any deep philosophical presuppositions I will say this. Life is full of risk and I have neither the time, energy or desire to give a plethora of examples above this.

You might walk out your front door tomorrow, trip hit your head on the payment and receive blunt trauma resulting in severe hemorrhaging of the brain and die. It happens. So are we to walk around in bubble wrap and wear a NFL approved helmet all the time? Of course not and why not, because it’s not reasonable.

Nor is it reasonable to believe that repowering your boat with a motor that is capable of generating a few more HP than what the manufacturer says makes it reasonable unsafe, reckless, stupid, crazy or irresponsible.
As I stated in a previous post I would be more than surprised if any of the people who seem to have such contention with my opinion are not daily putting themselves and others at risk of grave danger by driving vehicles in excess of 4000 pounds above the posted speed limit.

And or act reckless in other ways such as texting or talking on their phone. Who if they are being honest with themselves can say that always obey the posted speed limits?
Yet we seem to go over the top with criticism and name calling when someone comments they are going to repower with a little bigger motor. I believe that’s arrogant and hypocritical.

Everyone is ultimately responsible for their own action and the odds are probably better that you’re going to win the lotto than in your lifetime be involved in a boating accident because you or someone else repower their boat with a motor that has a few more ponies.
 
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