It shall be unlawful for any person to operate, or being owner or in charge to authorize any person to operate, any vessel loaded with passengers or cargo which exceeds the particular vessel’s maximum safe loading capacity. In addition to penalties which are provided for the unlawful operation of such vessels, the sheriff may require that any such overloaded vessel immediately put to shore to lighten its load.

The maximum safe loading capacity of any vessel shall be determined by the sheriff, taking into consideration the size, configuration, construction, type and condition of the particular vessel; PROVIDED, That where the manufacturer of any vessel has specified the maximum safe loading capacity for the particular vessel, such specified maximum shall be considered the maximum safe loading capacity of the particular vessel for the purposes of this title. PROVIDED, FURTHER, That in the absence of capacity plates, the following formula may be considered:

First, a check of the number of persons.

LxB

15 = _____________ number of persons

L = Overall length

B = Maximum width (both dimensions in feet and tenths of a foot)

The result taken to the nearest whole number gives the number of persons that can be put aboard without crowding in good weather conditions.

Second, the weight-carrying capacity shall be ascertained by determining the allowable weight in pounds from the expression:

7.5 x L x B x De = ________ pounds for persons, engine, fuel and equipment

L = Overall length

B = Maximum width

De = Minimum effective depth of the boat

Measure "De" at the lowest point that water can enter. This takes account of low transom cut-out or credits an acceptable engine well. All dimensions are in feet and tenths of a foot.

The weather and water conditions shall also be taken into account. If the water is rough, the number of persons carried shall be reduced. (Added by Res. adopted June 30, 1975).