32-1126. Capacity limits. - Kansas Statutes

32-1126

Chapter 32.--WILDLIFE, PARKS AND RECREATION Article 11.--BOATING AND WATER ACTIVITIES

      32-1126.   Capacity limits.(a) No person shall operate any vessel on any waters of this state carryingpassengers or cargo beyond the safe passenger and cargo carrying capacity ofthe vessel as specified on the capacity plate required by subsection (b).

      (b)   Every vessel less than 20 feet in length designedto carry two or more persons and to be propelled by machinery as itsprincipal source of power or designed to be propelled by oars, ifmanufactured or offered for sale in this state by the manufacturer afterNovember 1, 1972, shall have permanently affixed thereto by themanufacturer a capacity plate as required by this section. Such capacityplate shall bear the following:

      (1)   For all vessels designed for or represented by the manufactureras being suitable for use with outboard motor:

      (A)   The total weight of persons, motor, gear and other articlesplaced aboard which the vessel is capable of carrying with safety undernormal conditions.

      (B)   The recommended number of persons commensurate with the weightcapacity of the vessel and the presumed weight in pounds of each suchperson. In no instance shall such presumed weight per person be lessthan 150 pounds.

      (C)   Clear notice that the information appearing on the capacityplate is applicable under normal conditions and that the weight of theoutboard motor and associated equipment is considered to be a part oftotal weight capacity.

      (D)   The maximum horsepower of the motor the vessel is designed orintended to accommodate.

      (2)   For all other vessels to which this section applies:

      (A)   The total weight of persons, gear and other articles placedaboard which the vessel is capable of carrying with safety under normalconditions.

      (B)   The recommended number of persons commensurate with the weightcapacity of the vessel and the presumed weight in pounds of each suchperson. In no instance shall such presumed weight per person be lessthan 150 pounds.

      (C)   Clear notice that the information appearing on the capacityplate is applicable under normal conditions.

      The secretary is authorized to adopt,in accordance with K.S.A. 32-805 and amendments thereto, rulesand regulations to carry out the provisions of this section.

      The failure to affix a proper capacity plate shall constitute aseparate violation for each vessel with respect to which such failureoccurs.

      History:   L. 1970, ch. 408, § 9; L. 1970, ch. 409, § 1; L. 1979,ch. 333, § 1;L. 1989, ch. 118, § 149; July 1.