USCG Capacities Plate

[RedZoom]

I got interested in the question regarding USCG Capacity plates. So I sent the following e-mail to the Alabama Marine Police:

Hello,

I recently purchased a 1987 Correct Craft Ski Nautique 2001 foot ski boat in Florida. It does not have a USCG Capacities Plate. Is such a plate required in Alabama? If so where can I obtain one? It should say 6 people or 1100 pounds. Because the boat is an inboard I suspect the correct plate would not have a horsepower rating.

Thanks,

I received the following response:

Thank you for your inquiry. The law in Alabama regarding capacity plates states the following:

Section 33-5-22
Safety equipment and lights; flags; capacity plate; flame arrestor, etc., for carburetor.
(e) Every vessel less than 26 feet in length designed to carry one or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars shall, if manufactured or offered for sale in this state, have affixed permanently thereto by the manufacturer a capacity plate as required by rules and regulations duly promulgated by the Commissioner of the Department of Conservation and Natural Resources. This subsection shall apply to vessels manufactured after January 1, 1971. (Acts 1959, No. 576, p. 1442, §17; Acts 1969, No. 1057, p. 1977, §1.)
also, the promulgated regulations add:
220-6-.16 Capacity Plate To Be Affixed.
(1) No manufacturer shall offer for sale any vessel without a capacity plate affixed permanently thereto as specified by U. S. Coast Guard standards.
(2) Rule 220-6-.16, as previously promulgated, is hereby expressly repealed in its entirety.
Author: M. Barnett Lawley Statutory Authority: Code of Ala. 1975, §33562; §15 of Act No. 94652 (Regular Session, 1994).
Even though it states "manufactured or offered for sale" we interpret this as saying your 1987 ski boat must have a capacity plate affixed to it. The US Coast Guard standards require a horsepower limit on any particular model. If the boat does not have one, I would suggest contacting the manufacturer. They are responsible for maintaining records on all boats manufactured. If the boat manufacturer is no longer in business, I might suggest that you find a photograph on-line of a capacity plate from that boat manufacturer, model, and year and see if you can have a shop make a replica for you. Unfortunately, the US Coast Guard has not offered any guidance on what to do when capacity plates have been removed, altered, or damaged. Perhaps you could contact them at http://www.uscgboating.org/about/contact_us.aspx.

Lt. Ryan B. Bennett
Homeland Security / Training Coordinator
Alabama Marine Police - Montgomery HQ
(334) 242-3649 Office
(334) 242-0336 Fax

I followed the suggestion of the Alabama Marine Police and contacted the USCG and received the following response:

There is no Federal requirement for the owner of a boat to have a capacity plate. Federal regulations require the manufacturer of a recreational boat that is less than 20 feet in length to place a capacity label on the boat when it leaves the factory. This manufacturer requirement is in place for informational purposes for the purchaser of the boat. There is no Federal regulation requiring the owner to retain or maintain the capacity label nor to comply with the information on the label. With all that said, however, some states have passed a state law requiring boat owners to have a capacity label on their boat and to strictly comply with the information on the label. Alabama is one of the states that has such a law but, unfortunately, in enacting the law, they offered no avenue for boat owners who do not have a capacity label to get one. Since it appears that you have the information that should be on the label, I suggest that you place this information on a 3X5 card, laminate it, and glue it inside the boat. Since your boat is a Correct Craft I assume it is an inboard or sterndrive less than 20 feet in length. If so, the label should read:
U.S. Coast Maximum Capacities
6 Persons or 850 Pounds
1100 Pounds, persons, gear

However, if your boat is an outboard the label should read:
U.S. Coast Maximum Capacities
6 Persons or 850 Pounds
1100 Pounds, persons, motor, gear
240 Horsepower

Phil Cappel
Chief, Recreational Boating Product Assurance Branch (CG-54223)
Office of Auxiliary and Boating Safety, United States Coast Guard
Phone: (202) 372-1076 Fax: (202) 372-1933
E-mail: Philip.J.Cappel@uscg.mil
Web: www.uscgboating.org

I responded to the USCG and asked for permission to post their response on planetnautique.com, correctcraftfan.com, and the2001.com

Their response was:
You are lucky that the manufacturer is still in business, especially these days. Most owners who contact me are not as lucky. There is no manufacturer requirement for maximum horsepower for inboard or sterndrive boats. The information to be displayed on the label is clearly shown in the regulations in 33 CFR 183.25.
I have no problem with posting the e-mail.
Phil Cappel
Chief, Recreational Boating Product Assurance Branch (CG-54223)
Office of Auxiliary and Boating Safety, United States Coast Guard
Phone: (202) 372-1076 Fax: (202) 372-1933
E-mail: Philip.J.Cappel@uscg.mil
Web: www.uscgboating.org

I hope this is helpful.

[WakeSlayer]

RE: USCG Capacities Plate

Thank you for taking the time to research that. I have said for a long time, more or less, what Mr Cappel said.
Unfortunately, for the residents of Alabama, it looks like you have a really unreasonable dilemma with the Marine Police not being able to understand that the USCG doesn't care about capacity plates once the watercraft elaves the factory. Anyone know what other states have those laws?

This same concept applies to boats running big ballast systems. It has nothing whatsoever to do with the capacity plate and unless the state you are in has a "law" stating such a restriction, it is a WAG on the part of the DNR or water patrol officer that the plate is the law, and they are simply wrong.

Completely ridiculous.

[MNSuperAir]

RE: USCG Capacities Plate

So I went looking on the MN law and found this. Don't need the CG capacity plate and don't need to follow it either.

SL 5. Maximum Loading and Horsepower
In Minnesota, it is unlawful to operate a watercraft loaded with passengers or cargo greater
than its safe carrying capacity, or equipped with a motor or other propulsion machinery
beyond its safe power capacity.
A watercraft 20 feet or less in length manufactured for sale in this state after December 31,
1980, except canoes, kayaks, sailboats, sailboards, and inflatable boats, must have a capacity
plate permanently affixed to the watercraft by the manufacturer. The capacity plate must
contain information relating to maximum safe carrying and power capacity specifications
prescribed by the DNR Commissioner. Information contained on the capacity plate must, at a
minimum, comply with the established standards and regulations of the U.S. Coast Guard.

http://www.boater101.com/Course/docu...Nstatelaws.pdf

Iowa offered this: Number of people = vessel length (feet) X vessel width (feet) ÷ 15

Also another good post http://www.planetnautique.com/index....r=asc&start=15

[RedZoom]

RE: USCG Capacities Plate

Correct Craft was kind enough to provide me a new USCG Capacities plate!! I think they found it lying around somewhere and were gracious enough to send it to me. There is no guarantee they have any others lying around. However if you have a Ski Nautique 2001 then I am willing to provide you with a .pdf file of my plate. You should be able to take it to a graphics shop and they could make you a brand new plate. If I were clever enough to figure out how to include the image here I would do that. But I am not that clever. If you email me at jgmccune@bellsouth.net with "USCG Capacity Plate" on the subject line, I will be glad to send you the .pdf file 8-)

Good luck to all with their own Marine Police and the clarification and enforcability of their requirements.

There are those who would (probably successfully) argue that if the State is not willing to provide a plate, then they cannot enforce a rule which says you must have one. Pennsylvania is the only state making a plate available today.

[DanielC]

RE: USCG Capacities Plate

In my state, the marine patrols ask to do a quick voluntary annual inspection, and when you pass, they give you a sticker you put on the back of your boat. Then they leave you alone, unless you do something stupid.
I have also found that if you are nice to them, demonstrate that you know how to operate your boat safely, with consideration for others, they will realize their resources are limited, and they will focus more attention on the more obnoxious or unsafe types.