legal seats in a boat

[BrandonN]

This topic is driving me insane and want to set my buddy straight on this. My buddy has a early 90's bass boat and it has 2 driving seats and has 2 pedestal seats on the casting plat form. His boat says it has a 4 person capacity. I told him he could have 4 people in the boat then, but he says his boat can only have 2 because he only has 2 driving seats.

Can somebody tell me what's what?

[crix]

I know that the bass boat we fish out of we fish 3 and 4 and have never had a issue about the extra person and no designated seat, but with my old ski boat we almost got ticketed for having people sitting up on the sun deck on the back while going through the channels of gull

[Drail1313]

FYI

CAPACITY AND OVERLOADING

The boat’s operator must limit the total horsepower, weight AND maximum number of passengers to that shown on the capacity plate installed by the boat’s manufacturer. It is unlawful and dangerous to load or power your boat beyond its maximum capacity.

The weight is a key thing too, think my boat says 5 poeple for a total of 760lbs of people....really a 152lbs adult average.... I NEED TO LOSE SOME LBS. (ok if got kids, but I and maybe two others adults top!! got big fellows going fishing.)

Copied for the states boating book.

[JohnMickish]

I do not believe the rear casting deck is a legal seating position. My boat has a sticker that shows the legal seating areas, and the rear casting deck is not one of them regardless of what seat I put up there.

[BobT]

I do not believe the rear casting deck is a legal seating position. My boat has a sticker that shows the legal seating areas, and the rear casting deck is not one of them regardless of what seat I put up there.

I don't recall ever seeing this in the boating handbook. Have I missed it or is there a statute that can be cited? It would be good to know.

[aanderud]

I don't think you're legally required to have a seat at all. The two extra people could easily sit on the floor, since the rear casting deck seats are too dangerous of a location for them.

I do know that you cannot sit on the gunwales, as they consider that 'bow riding' and will ticket you.

[JohnMickish]

Bob, mine is on a sticker in the boat. Even though it has a capacity of 6 or 7 (I can't remember) and has a total of 4 seats, it has areas marked off where you can't ride.

I know that on larger pleasure boats you cannot ride on the rear platform.

I just looked thru the boating handbook and didn't find the state rules on that in there so I am guessing that it is probably a Coast Guard rule?? It may also be like the max HP rule, were the boat manufacturer makes the rules or has major influence on the rules of their design.

I'd say if in doubt, call a CO or the boat manufacturer and ask them.

[ClownColor]

legal assigned seating? What are we talking about here? Can't you just sit wherever...as long as you're within capacity?

fyi...my stearin wheel I think is on the wrong side

[Pat K]

There have been posts here on FM from people who have been ticketed for having people in the seats on the front and rear platforms when the boats were going at cruising speeds.

I know at least 2 of the boats I've owned have had stickers on the bow pedestals saying it was unlawful to be seated there at cruising speeds.

[amateurfishing]

ok, forget bout pedestal seats on platform, what about just sitting down with butt on platform & feet below that just like a seat. my boat has 4 seats but family of 5, either smallest sits on moms lap or on seat alone with mom sitting "backwards" on bow platform floor looking back at us. do have a spot on bow for seat but I just move mine and would never put anyone up there during cruising time anyway, and my "cruising" speed is 10-15 mph, im the farthest thing from a speed demon you will ever see out there.

[BoxMN]

From my days long ago as volunteer WP, the difference in the front and rear platforms being legal or not is whether you have a "rail" there. I think it is silly, but if there is a "rail" you should be able to sit there, even though the rail is small/short.

For example, and big example, if you have a big cruiser and a kid is sitting in a spot that looks like there is even a seating area in the bow, if there is not a rail, he shouldn't be there. But if there is a rail, like those tall cruiser rails, he can even be sitting with his legs hanging over the bow if he is straddling it with one leg on each side.

Or for the front of pontoons that have a deck outside of the gate - even if there are seat bases, if there are not those low "rails" up to the front, you cannot legally be sitting there even at trolling speeds. But if there are those little low rails, then you can be seated up there even while cruising - not smart but legal.

So, in theory on a bassboat, if you have those "Ranger Rails" on the sides or the rear casting deck, you should be legal to ride and sit there regardless of what the sticker shows on the boat, at least in MN and to my knowledge... but that was over 15 years ago, and I am not the person with the ticket book anymore so don't go by what a non LEO will tell you, haha!

Good luck!

[BobT]

Bob, mine is on a sticker in the boat. Even though it has a capacity of 6 or 7 (I can't remember) and has a total of 4 seats, it has areas marked off where you can't ride.

I know that on larger pleasure boats you cannot ride on the rear platform.

I just looked thru the boating handbook and didn't find the state rules on that in there so I am guessing that it is probably a Coast Guard rule?? It may also be like the max HP rule, were the boat manufacturer makes the rules or has major influence on the rules of their design.

I'd say if in doubt, call a CO or the boat manufacturer and ask them.

I understand but I do have a thought. Are you perhaps confusing a manufacturer's safety statement with a law?

"Do not sit here" might just be safety rule issued by the boat manufacturer. We place safety stickers all over our equipment to warn people not to do certain things because we have to protect everyone from themeselves, even those that don't have the common sense to keep their hands out of a moving piece of equipment. There are no laws that govern this but there are liability rulings.

I have never seen a sticker indicating a law regarding where someone can or cannot sit in a boat. Might have to do more digging on my own unless someone can post the statute(s).

[SkunkedAgain]

Yup, my 2009 Alumacraft Navigator has stickers and states in the owners manual not to have people seated on the front or rear decks while the boat is in motion. I do not believe that this is a law but a manufacturer's disclaimer that it isn't safe and shouldn't be done. The gunnel comes up to my shin so there is a rail.

Now I've had guys sitting in the seat there in calm waters. However, I try to always have enough seats in the boat. If not, people can sit with their butts on the deck and feet down in the main passenger well. It's all about center of gravity.

[SkunkedAgain]

My buddy has a early 90's bass boat and it has 2 driving seats and has 2 pedestal seats on the casting plat form. His boat says it has a 4 person capacity.

Technically he can have four people at any time, moving or stationary. If he's adamant about not having people on the platforms (which is the safe route) then he could have two people sitting on the floor in the "driving" area

[PRFISHER]

As far as riding even at slow or any speed on the back "sundeck" or whatever that is illegal because of the risk of being overcome from carbon monoxide.. Look it up it is a "killer" spot to hang out when the boat is moving.

[BobT]

The "illegal" claim is what has me unsure. For obvious reasons it is probably not very safe to ride on the casting decks or gunwale but is there really a law that addresses this? I would think it would be in the boating handbook as it is a common thing to see on the water. Still haven't found anything yet.

[Kyhl]

It is probably also illegal for a driver to jump out of moving boat on a hot summer day. Doesn't mean it doesn't happen.

[BrandonN]

Wow this thread got deep. Might have a new law started by a HSO thread

[timjones]

From page 31 and page 32 of the Minnesota State Boating guide.

GENERAL PROHIBITIONS

It’s against the law:

To ride or sit on the gunwales, bow, transom, or decking over the bow, sides or stern of any motorboat while underway, unless it is

equipped with an adequate railing, or to operate a motorboat while any person is so riding or sitting.

[BobT]

From page 31 and page 32 of the Minnesota State Boating guide.

GENERAL PROHIBITIONS

It’s against the law:

To ride or sit on the gunwales, bow, transom, or decking over the bow, sides or stern of any motorboat while underway, unless it is

equipped with an adequate railing, or to operate a motorboat while any person is so riding or sitting.

Thanks Retired. That at least explains the gunwales or decking over the bow or transom and also why the CO explained that it was illegal to dangle one's feet over the side of the boat while it was underway. To do so would require riding on the gunwales or bow. I'm still looking for the laws that prohibit sitting on the fore or aft casting decks while underway. If this were so, then trolling or drifting from these locations would be illegal.

[delcecchi]

"adequate" is such a loose word to describe the required railing. I wonder what the definition is.

[BoxMN]

"adequate" is such a loose word to describe the required railing. I wonder what the definition is.

That is what I was talking about in my reply above. Those little low seemingly useless rails do get you "in the right" though it is laughable in reality. I (and other sheriffs , pulled people over for sitting on the sundeck, but if there were 3" rails, they were okay. Like 3" rails would stop a person from going overboard, but it was "the law". I don't recall statute numbers, just the basics. If you have ANY rails you are okay, even the "Ranger Rails", you know the ones that fisherman use to mount rod holders, often seen on Rangers.

[BobT]

I presented this question to the DNR a few days ago and still waiting for reply. This is the first time I have had to wait more than a day for a response. I wonder what the holdup is.

[BobT]

Here's the response I received from the DNR regarding this question.

Quote:

Here is the specific Minnesota statute that governs where passengers aboard a motorboat may legally ride or sit.

“MS 86B.311 GENERAL RULES FOR OPERATION

Subd. 5. Riding on gunwales or decking. A person may not ride or sit and a person may not operate a motorboat while a person is riding or sitting on (i) the starboard or port gunwales; (ii) the decking over the bow, sides, or stern; or (iii) the transom, of a motorboat while underway unless the motorboat is provided with adequate guards or railing to prevent passengers from falling overboard.”

There is some subjectivity on this law, since there are so many types of motorboats, from small aluminum fishing boats to runabouts to cruisers and house boats. If a person is on any of the areas described above, there needs to be an appropriate railing or guard that would keep them from falling overboard. Just what that is depends on where they are and what they are doing (sitting standing etc.). For the operator, the key is to assess the whole picture and determine if the person would likely fall overboard, and depending on location, even be struck by the motorboat.

For the fishing boats with casting decks (usually towards the bow or stern, but still inside the boat itself), the above law may not apply, but an operator should ask themselves a few questions, since in certain cases it may be considered under another statute as careless operation:

· What is the boat doing at the time – if you are using a trolling motor at very slow speed and casting along the weed line – it would likely be fine to sit or stand in the casting deck,

· What is the likelihood of a person going overboard – If they are in an elevated chair or standing, it raises their center of gravity and greatly increases the chance of a fall overboard,

· Assess the railing or guards that would keep one from falling – are they adequate? A railing that would keep a seated person within he boat is different than a railing that would be used to keep standing passengers on board, and finally

· Consider that If they are in the forward (bow) portion of the boat and go overboard, they may have tendency to go under the boat and possibly be struck by the prop.

Finally, here is a good tip. If you were a conservation officer or deputy and were observing your boat underway from 100 yards away, would you question the safety of the passenger(s) and stop you?

Hopefully that helps you with your question.

[SkunkedAgain]

So it's subjective