32-1126. Capacity limits. (a) No person shall operate any vessel on any waters of this state carrying passengers or cargo beyond the safe passenger and cargo carrying capacity of the vessel as specified on the capacity plate required by subsection (b).
(b) Every vessel less than 20 feet in length designed to carry two or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars, if manufactured or offered for sale in this state by the manufacturer after November 1, 1972, shall have permanently affixed thereto by the manufacturer a capacity plate as required by this section. Such capacity plate shall bear the following:
(1) For all vessels designed for or represented by the manufacturer as being suitable for use with outboard motor:
(A) The total weight of persons, motor, gear and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
(B) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than 150 pounds.
(C) Clear notice that the information appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard motor and associated equipment is considered to be a part of total weight capacity.
(D) The maximum horsepower of the motor the vessel is designed or intended to accommodate.
(2) For all other vessels to which this section applies:
(A) The total weight of persons, gear and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
(B) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than 150 pounds.
(C) Clear notice that the information appearing on the capacity plate is applicable under normal conditions.
The secretary is authorized to adopt, in accordance with K.S.A. 32-805, and amendments thereto, rules and regulations to carry out the provisions of this section.
The failure to affix a proper capacity plate shall constitute a separate violation for each vessel with respect to which such failure occurs.
History: L. 1970, ch. 408, § 9; L. 1970, ch. 409, § 1; L. 1979, ch. 333, § 1; L. 1989, ch. 118, § 149; July 1.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
Article 11 - Boating And Water Activities
32-1103 Applicable laws; rules and regulations.
32-1104 Annual reports to county assessors.
32-1110 Display of number on vessel.
32-1112 Dealer certificates of number.
32-1115 Identification numbers; unlawful acts.
32-1117 Handmade vessels; assignment of number and issuance of decals; display; fee.
32-1119 Classes; light and other equipment requirements; prohibited operation.
32-1120 Restrictions on motorboat exhaust noise; compliance; penalties.
32-1125 Operation prohibitions.
32-1127 Application of stability test criteria, when.
32-1128 Water skis and surfboards; requirements.
32-1129 Personal flotation devices required, when; violations, penalty.
32-1130 Operating a vessel under the influence of alcohol or drugs; definitions.
32-1131 Operating vessel under influence of alcohol or drugs; crime.
32-1132 Tests for alcohol or drugs; procedures.
32-1133 Same; additional test by own physician.
32-1134 Same; tests for alcohol or drugs, use as evidence.
32-1135 Same; submission of other evidence.
32-1136 Immunity from liability for damage to vessel.
32-1138 Same; preliminary screening test.
32-1139 Boating safety education, certificate of completion required for certain operators.
32-1140 Same; approval, development and coordination by secretary; fee.
32-1141 Same; certificate of completion; issuance; revocation; reciprocity.
32-1142 Same; liability insurance for persons conducting course.
32-1143 Sections part of article 11.
32-1148 Boat liveries; duties.
32-1149 Regattas and other water events.
32-1150 Scuba diving; rules and regulations.
32-1152 Sanitation; toilet facilities.
32-1153 Same; sewage disposal.
32-1154 Same; rules and regulations.
32-1155 Applications for license of vessels to indicate presence of marine toilets.
32-1156 Abandonment of a vessel; removal from public waterway, when.
32-1159 Preservation of evidence of criminal offenses; liability for storage fees.
32-1166 Vessels exempt from provisions of act.
32-1174 Boating safety financial assistance fund.
32-1178 Same; transmittal to federal agency.