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Overloading ticket from harbor police

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  • himolocarb
    Recently got a ticket ($180) from the Kenosha, Wi harbor police for operating a 12 Portabote with two adult men (about 200# each) and 3 small children (all
    Message 1 of 6 , Nov 3, 2010
      Recently got a ticket ($180) from the Kenosha, Wi harbor police for operating a 12' Portabote with two adult men (about 200# each) and 3 small children (all under 8 yrs, total weight about 100#) and a 5 HP 2 stroke engine (45#). They considered the # of persons as the only consideration, not the total weight.
      Anyone have any advice for fighting this in court?
    • Dan Campbell
      There are two things to worry about on the water where I live. The coasties, and the local authorities. When I say worry, I mean knowing that you are
      Message 2 of 6 , Nov 3, 2010
        There are two things to worry about on the water where I live. The coasties, and the local authorities. When I say worry, I mean knowing that you are complying with all the rules and regulations, both Federal/State.

        It's gonna be the same where you live, I imagine.

        While I can't see the Coast Guard hassling you over an extra person, if that person is a child and you look like you are boating safely (they have better things to do with their time), I *think* you are going to have a hard time arguing against this:

        "Always check the capacity plate, which is usually found near the operator's position or on the vessel's transom. This plate indicates the maximum weight capacity and/or maximum number of people that the vessel can carry safely."

        That's straight from the WI boating laws handbook: http://www.boat-ed.com/wi/wi_specific_images/pdfs/wi_handbook_entire.pdf

        If the LEO doesn't show up, do you get it thrown out? That's probably your best chance :(

        Good luck, either way.

        -Dan



        ----- Original Message -----
        From: himolocarb
        To: PortaBote@yahoogroups.com
        Sent: Wednesday, November 03, 2010 11:59 AM
        Subject: [California PortaBoters] Overloading ticket from harbor police



        Recently got a ticket ($180) from the Kenosha, Wi harbor police for operating a 12' Portabote with two adult men (about 200# each) and 3 small children (all under 8 yrs, total weight about 100#) and a 5 HP 2 stroke engine (45#). They considered the # of persons as the only consideration, not the total weight.
        Anyone have any advice for fighting this in court?





        [Non-text portions of this message have been removed]
      • sk
        The total capacity for a 12 Bote - persons, motor and gear is 670 pounds 4 persons. as stated on the U.S. COAST PLATE IN YOUR BOAT. Portatech ... [Non-text
        Message 3 of 6 , Nov 3, 2010
          The total capacity for a 12' Bote - persons, motor and gear is 670 pounds 4
          persons.

          as stated on the U.S. COAST PLATE IN YOUR BOAT.

          Portatech
          On Wed, Nov 3, 2010 at 12:54 PM, Dan Campbell <dan@...> wrote:

          >
          >
          > There are two things to worry about on the water where I live. The
          > coasties, and the local authorities. When I say worry, I mean knowing that
          > you are complying with all the rules and regulations, both Federal/State.
          >
          > It's gonna be the same where you live, I imagine.
          >
          > While I can't see the Coast Guard hassling you over an extra person, if
          > that person is a child and you look like you are boating safely (they have
          > better things to do with their time), I *think* you are going to have a hard
          > time arguing against this:
          >
          > "Always check the capacity plate, which is usually found near the
          > operator's position or on the vessel's transom. This plate indicates the
          > maximum weight capacity and/or maximum number of people that the vessel can
          > carry safely."
          >
          > That's straight from the WI boating laws handbook:
          > http://www.boat-ed.com/wi/wi_specific_images/pdfs/wi_handbook_entire.pdf
          >
          > If the LEO doesn't show up, do you get it thrown out? That's probably your
          > best chance :(
          >
          > Good luck, either way.
          >
          > -Dan
          >
          > ----- Original Message -----
          > From: himolocarb
          > To: PortaBote@yahoogroups.com <PortaBote%40yahoogroups.com>
          > Sent: Wednesday, November 03, 2010 11:59 AM
          > Subject: [California PortaBoters] Overloading ticket from harbor police
          >
          > Recently got a ticket ($180) from the Kenosha, Wi harbor police for
          > operating a 12' Portabote with two adult men (about 200# each) and 3 small
          > children (all under 8 yrs, total weight about 100#) and a 5 HP 2 stroke
          > engine (45#). They considered the # of persons as the only consideration,
          > not the total weight.
          > Anyone have any advice for fighting this in court?
          >
          > [Non-text portions of this message have been removed]
          >
          >
          >


          [Non-text portions of this message have been removed]
        • Dan Campbell
          Yeah, tell him something he doesn t know. Or are you responding to me? That s the reason he got the ticket. For having 5 people and being over the stated
          Message 4 of 6 , Nov 3, 2010
            Yeah, tell him something he doesn't know. Or are you responding to me?
            That's the reason he got the ticket. For having 5 people and being over the stated capacity.

            What's ur point?

            Dan



            On Nov 3, 2010, at 1:41 PM, sk <sk@...> wrote:

            > The total capacity for a 12' Bote - persons, motor and gear is 670 pounds 4
            > persons.
            >
            > as stated on the U.S. COAST PLATE IN YOUR BOAT.
            >
            > Portatech
            > On Wed, Nov 3, 2010 at 12:54 PM, Dan Campbell <dan@...> wrote:
            >
            >>
            >>
            >> There are two things to worry about on the water where I live. The
            >> coasties, and the local authorities. When I say worry, I mean knowing that
            >> you are complying with all the rules and regulations, both Federal/State.
            >>
            >> It's gonna be the same where you live, I imagine.
            >>
            >> While I can't see the Coast Guard hassling you over an extra person, if
            >> that person is a child and you look like you are boating safely (they have
            >> better things to do with their time), I *think* you are going to have a hard
            >> time arguing against this:
            >>
            >> "Always check the capacity plate, which is usually found near the
            >> operator's position or on the vessel's transom. This plate indicates the
            >> maximum weight capacity and/or maximum number of people that the vessel can
            >> carry safely."
            >>
            >> That's straight from the WI boating laws handbook:
            >> http://www.boat-ed.com/wi/wi_specific_images/pdfs/wi_handbook_entire.pdf
            >>
            >> If the LEO doesn't show up, do you get it thrown out? That's probably your
            >> best chance :(
            >>
            >> Good luck, either way.
            >>
            >> -Dan
            >>
            >> ----- Original Message -----
            >> From: himolocarb
            >> To: PortaBote@yahoogroups.com <PortaBote%40yahoogroups.com>
            >> Sent: Wednesday, November 03, 2010 11:59 AM
            >> Subject: [California PortaBoters] Overloading ticket from harbor police
            >>
            >> Recently got a ticket ($180) from the Kenosha, Wi harbor police for
            >> operating a 12' Portabote with two adult men (about 200# each) and 3 small
            >> children (all under 8 yrs, total weight about 100#) and a 5 HP 2 stroke
            >> engine (45#). They considered the # of persons as the only consideration,
            >> not the total weight.
            >> Anyone have any advice for fighting this in court?
            >>
            >> [Non-text portions of this message have been removed]
            >>
            >>
            >>
            >
            >
            > [Non-text portions of this message have been removed]
            >
            >
            >
            > ------------------------------------
            >
            > Yahoo! Groups Links
            >
            >
            >
          • Robert S. Liles
            Since the bote is only rated for 4 persons you will probably not win. Sorry, Bobbo The shortest distance between two points is a great arc! _____ From:
            Message 5 of 6 , Nov 3, 2010
              Since the bote is only rated for "4 persons" you will probably not win.



              Sorry,



              Bobbo



              The shortest distance between two points is a great arc!

              _____

              From: PortaBote@yahoogroups.com [mailto:PortaBote@yahoogroups.com] On Behalf
              Of himolocarb
              Sent: Wednesday, November 03, 2010 2:00 PM
              To: PortaBote@yahoogroups.com
              Subject: [California PortaBoters] Overloading ticket from harbor police





              Recently got a ticket ($180) from the Kenosha, Wi harbor police for
              operating a 12' Portabote with two adult men (about 200# each) and 3 small
              children (all under 8 yrs, total weight about 100#) and a 5 HP 2 stroke
              engine (45#). They considered the # of persons as the only consideration,
              not the total weight.
              Anyone have any advice for fighting this in court?





              [Non-text portions of this message have been removed]
            • Pete, in Tacoma WA
              If you don t win or get a reduction, just consider the fine as your contribution to a good cause that is underfunded by reduced tax receipts that is forcing
              Message 6 of 6 , Nov 4, 2010
                If you don't win or get a reduction, just consider the fine as your contribution to a good cause that is underfunded by reduced tax receipts that is forcing them to augment their budget by picking on the little guy that doesn't have any guns. If those folks weren't on the job, there would be few if any to come to the aid of those in distress.
                -Pete, in Tacoma WA
                12'gen3/5hpB&S 

                --- On Thu, 11/4/10, Robert S. Liles <liles753677@...> wrote:


                From: Robert S. Liles <liles753677@...>
                Subject: RE: [California PortaBoters] Overloading ticket from harbor police
                To: PortaBote@yahoogroups.com
                Date: Thursday, November 4, 2010, 12:42 AM


                 



                Since the bote is only rated for "4 persons" you will probably not win.

                Sorry,

                Bobbo

                The shortest distance between two points is a great arc!

                _____

                From: PortaBote@yahoogroups.com [mailto:PortaBote@yahoogroups.com] On Behalf
                Of himolocarb
                Sent: Wednesday, November 03, 2010 2:00 PM
                To: PortaBote@yahoogroups.com
                Subject: [California PortaBoters] Overloading ticket from harbor police

                Recently got a ticket ($180) from the Kenosha, Wi harbor police for
                operating a 12' Portabote with two adult men (about 200# each) and 3 small
                children (all under 8 yrs, total weight about 100#) and a 5 HP 2 stroke
                engine (45#). They considered the # of persons as the only consideration,
                not the total weight.
                Anyone have any advice for fighting this in court?

                [Non-text portions of this message have been removed]











                [Non-text portions of this message have been removed]
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