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-   -   New York senator seeks capacity regulations on boats (https://www.offshoreonly.com/forums/general-boating-discussion/280795-new-york-senator-seeks-capacity-regulations-boats.html)

Twin O/B Sonic 07-16-2012 12:46 PM

Dude......
 

Originally Posted by BoatShow239 (Post 3731280)
The fact Silverton is no longer in business really means nothing. That would be tantamount to filing a complaint against Ford because the guy who hit you from the rear was driving a Mustang. Yes, they could be sued, but it wouldn't stand.

a bunch of drunks, in an overloaded (w/capacity plate in tact) Crownline bow rider, at night, on a river, along shore, hit a moored barge killing several passengers on board the Crownline.
They sued Crownline claiming inferior design causing obstructed view (never mind double the freagin capacity on board, drunk and at night!!!!!!) annnnnddddd......WON!

Two pre-teen girls recently killed down here on a borrowed PWC. They did not have their state mandated license, lied to the PWC owner about their age, experience and existence of license, drove right in front of a cruiser (in a marked channel), busy weekend traffic along the Intra Coastal and both died. All witnessed by several adults on scene.Parents sued PWC manufacturer annnndddd..... WON!
Not making this crap up.

You think this doesn't effect the price of our boats and insurance???

In our society we no longer claim responsibility for actions when we can blame someone else.

VetteLT193 07-16-2012 01:01 PM

settled Vs. "won" are two different things... the problem is with our judicial system.

TexomaPowerboater 07-16-2012 01:06 PM

I thought this was already law...

Twin O/B Sonic 07-16-2012 02:04 PM

What he....
 

Originally Posted by VetteLT193 (Post 3731310)
settled Vs. "won" are two different things... the problem is with our judicial system.

said.

I sent multiple e-mails to Crownline begging them not to settle. What does it cost the company though every time some dumb ass news caster (as bad as politicians) puts the same crying mother/wife/sibling on TV while pointing a finger at the rich boat owners and or builders?

Texoma, which part? For the kids it is law and I believe it is national.
In effect down here but did nothing to stop the one I quoted. The kids lied to the owner of the PWC and mommy and daddy sued the PWC co.

Too Stroked 07-16-2012 02:08 PM


Originally Posted by gsxr1216 (Post 3731270)
Yep Chuck is a piece of work alright, anything he can do to get on the nightly news he will do... i love his "zone pricing" gasoline law he came up with a few years, so far it hasnt done jack from what i see. go 4 miles from my house and gas is 20 cent a gallon less, his law was supposed to stop that!! yeah right!:lolhit:



BTW too stroked, I was the one talking to you at braddocks on friday afternoon! hope you had a good day!:drink:

That law might not have gained you anything, but Chucky got significant air time out of it and that's all that really counts!

And yes, I remember you from last week. Nice meeting you and I enjoyed my time on - and in - the water that day.

Too Stroked 07-16-2012 02:18 PM


Originally Posted by BoatShow239 (Post 3731280)
...this won't be popular!

I really don't think it is that bad of an idea! But then I think there should be a mandatory boating course or test everyone should take before they buy or drive a boat!

Do I think the capacity notice would have prevented the accident in the LI Sound from happening? An extremely cautious "maybe".

And before I get called a Charles Schumer fan, a liberal democrat or a Judas, I am none of the aforementioned!

I feel very great sorrow and concern for the families of the youngsters. I also feel sorry for the "captain".

"Despite wide public attention, officials say state laws in New York don't address the problem of overcrowding on recreational boats." This is basically not true. There is no specific "overcrowding" laws, there are "safety" laws, especially available to the DNR types of agencies. And while the families of the victims have said they are not contemplating any legal action, what of the State of New York for child endangerment and manslaughter.

The fact Silverton is no longer in business really means nothing. That would be tantamount to filing a complaint against Ford because the guy who hit you from the rear was driving a Mustang. Yes, they could be sued, but it wouldn't stand.

For just a little digression:
And while I am certainly not promoting it, if you read most state laws, if the DNR of a state would determine that (as an example) a performance boat is over powered and unsafe, they could have it removed from the water. That's why events like with "My Way" on the St Lawrence this spring should be a concern to all of us who enjoy performance boating. My fear has to do with the old "slippery slope".

Ah, but here in New York State, one does have to prove that they've taken a Safe Boating course to operate a PWC - regardless of age or experience. This is the start of the slippery slope for requiring Boating Licenses. And don't get me started about how useless they would be. Want proof? Go to any mall parking lot and observe folks parking for one hour. And all of those folks passed a road test!

As for "inadequate overcrowding laws," that's just plain BS. Any law enforcement official can pull you over at virtually any time (provided they have Probably Cause) and find something to site you for if you look overloaded. For instance, what do you think the chances the captain of that Silverton had 27 PFDs on board? Right, zero. And if he did, that would mean he knowlingly overloaded that boat. Sorry, you can't fix stupid. As somebody else already said, it's the court system and the "sombody else must be to blame" syndrome that's the problem here.

Panther 07-16-2012 03:19 PM

Ummmmm, don't the USCG and boat manufacturers have capacity regulations already??

That's what I thought those little yellow sticker that tell you how many people or weight you can have on the boat? :whistle:

drivrswntd 07-16-2012 03:28 PM


Originally Posted by Panther (Post 3731438)
Ummmmm, don't the USCG and boat manufacturers have capacity regulations already??

That's what I thought those little yellow sticker that tell you how many people or weight you can have on the boat? :whistle:

Sure do, like mine says if I recall 6 people or 1250 lbs. Apparently thats not enough though or obvious.

Too Stroked 07-16-2012 03:32 PM


Originally Posted by Panther (Post 3731438)
Ummmmm, don't the USCG and boat manufacturers have capacity regulations already??

That's what I thought those little yellow sticker that tell you how many people or weight you can have on the boat? :whistle:

Unfortunately, it applies to boats only under 21 feet in length. My 22' boat is not required to have one and has none. Unlike some captains though, I'm smart enough to know that 27 people won't safely fit. I carry 7 PFDs, but will not allow more than 5 people onboard. (The extras are for correct sizing and emergency use.)

BoatShow239 07-16-2012 03:37 PM

I said it wouldn't be popular!
 
I found the Crownline information. That boat did NOT have a capacity sticker, but their promotional information said safe transportation for 12. There were 14. The one driving was the sober, but inexperienced, partier.

It appears the suit was in a Maritime Court. Forget the horse, that is more like a zebra of a different color!

VetteLT193 was right on the money, it was settled, not won. As Billy Fuccillo says, that is "HUUUGE"!

The boat safety certificate is national, and the way it is currently done, not very effective at all! I think in the beginning the underaged driver was required to attend a class and take a test... now it appears you take and open book test on line. Sort of like when I tried to find people to take my chemistry exams for me in college.

I am all in favor of the capacity sticker/enforcement/licensing for very personal and selfish reasons! The safer the other boater/boat is, the safer I am!

Do you remember the Lake George tourist boat that capsized in 2005? 20 senior passengers (in my age group) died. Guess what, you are a great deal safer on these types of boats today. The NTSB did extensive test and made new code. Other operators of these type of tourist boats were upset! They had to be inspect and made safe.

The other thing that surfaced and became new law, the insurance company covering the Ethan Allen was a fraud! While the owner had been paying premiums (and other similar companies also) there was no policy. Now the inscompany has to be vetted by the state to make sure it is good!


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