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Posts: 425
Location: MN | FYI,
If you search around the net for feedback on overpowering, you will get the same canned responses about liability, illegal etc. Most people are extremely conservative about it. What you won't find is actual experience - somebody getting a ticket for overpowering or accident liability horror stories.
I bought an older boat (max 65 hp on plate) that I thought had a 60 on it. A mechanic later told/showed me that it may actually be a 70 with swapped cowling. The 6 or 7 on the identification plate was obscured so it's hard to tell what the frame came from, and even if the frame was a 70, it could be a rebuilt 60 inside - couldn't really tell without tearing apart. Naturally I was concerned and looked into the legal side of it - here's what I found:
- I told my insurance company (Geico) about the situation. They said no problem. They have their own formula for max HP or speed (can't remember off hand now which) that the boat was well below. They marked the motor down as a 70 just in case. My only insurance with them is liability; I triple checked that this would not be a problem.
- I asked a CO friend of mine about it. He patrols the water as a substantial portion of his job. He seemed to not be aware it was even a legal issue, and commented that he only references that plate if he is concerned about overloading the boat - too many people or too much weight. Regarding the 70 vs 65, he thought that was about like driving 60 in a 55.
- I have been stopped by police on the water twice. They checked licensing and safety equipment, including the status of my fire extinguisher charge. There was no check on max hp vs. motor size. I know others stopped as well - never heard of anyone getting this checked. I looked up the fine, and I believe it was about $100, maybe more with fees.
Generally, I believe officers have bigger fish to fry than nitpicking someone a few hp over on a 16' fishing boat. If you had a 115 hp tiller on a boat that's supposed to have a 50, well that might be a different story, but it would also be a legitimate safety issue. The ratings used on those plates are based on an old formula developed to cover all boats simultaneously - it is necessarily conservative. See:
https://www.law.cornell.edu/cfr/text/33/183.53
https://www.boats.com/resources/outboard-horsepower-ratings-for-till...
If overpowering doesn't pose a liability problem (verify), doesn't pose a significant legal risk, and isn't a safety issue, I don't really see what the problem is. | |
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