Section 71-C. Capacity plate

1. Every vessel less than twenty-six 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 shall, if manufactured or offered for sale in this  state,  have
  affixed  permanently  thereto  by  the  manufacturer a capacity plate as
  required by this section. As used in this section,  "manufacture"  means
  to construct or assemble a vessel or alter a vessel in such manner as to
  change its weight capacity.
    2.  A  capacity plate shall bear the following information permanently
  marked thereon in such manner as to be clearly visible and legible  from
  the  position  designed  or  normally  intended  to  be  occupied by the
  operator of the vessel when under way:
    (a) For all vessels designed for or represented by the manufacturer as
  being suitable for use with outboard motor:
    (1) The total weight of persons, motor, gear and other articles placed
  aboard which the vessel is capable of carrying with safety under  normal
  conditions.
    (2)  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 one hundred fifty pounds.
    (3) 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  part  of
  total weight capacity.
    (4)  The  maximum  horsepower  of  the motor the vessel is designed or
  intended to accommodate.
    (b) For all other vessels to which this section applies:
    (1) The total weight of persons, gear and other articles placed aboard
  which the vessel  is  capable  of  carrying  with  safety  under  normal
  conditions.
    (2)  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 one hundred fifty pounds.
    (3) Clear notice that the information appearing on the capacity  plate
  is applicable under normal conditions.
    3.  The information relating to maximum capacity required to appear on
  capacity plates by subdivision two of this section shall  be  determined
  in  accordance  with such methods and formulas as shall be prescribed by
  rule or regulation  adopted  by  the  department.  In  prescribing  such
  methods  and  formulas,  the  department shall be guided by and give due
  regard to the necessity for uniformity in methods  and  formulas  lawful
  for  use  in determining small vessel capacity in the several states and
  to any methods and formulas which may be recognized  or  recommended  by
  the United States Coast Guard, or any agency successor thereto.
    4.  Any  vessel  to  which  this section applies not having a capacity
  plate meeting the requirement of law affixed thereto by the manufacturer
  thereof may have such affixed by any other  person  in  accordance  with
  such  rules  and  regulations  as  the department may prescribe, and may
  thereafter be offered for sale  in  this  state,  but  no  action  taken
  pursuant  to  this  section,  or  in  the manner described herein, shall
  relieve any manufacturer from liability for failure to comply  with  the
  requirements of this section.
    5.  The  information  appearing on a capacity plate shall be deemed to
  warrant that the manufacturer, or the person affixing the capacity plate
  as permitted by subdivision four of this section, as the  case  may  be,
  has  correctly  and  faithfully  employed  a  method and formula for the

  calculation of maximum weight capacity prescribed by the department  and
  that  the  information  appearing  on the capacity plate with respect to
  maximum weight capacity and recommended number of persons is the  result
  of  the  application  of  such  method  and formula, and with respect to
  information concerning horsepower limitations that such  information  is
  not a deliberate or negligent misrepresentation.
    6.  If  any  vessel  required by this section to have a capacity plate
  affixed thereto is  of  such  design  or  construction  as  to  make  it
  impracticable  or undersirable to affix such plate, the manufacturer, or
  other person having the  responsibility  for  affixing  the  plate,  may
  represent  such  impracticability or undesirability to the department in
  writing. Upon determination by the department that  such  representation
  has  merit  and  that a proper and effective substitute for the capacity
  plate which will serve the same purpose is feasible, the department  may
  authorize  such  alternative  compliance and such alternative compliance
  shall  thereafter  be  deemed  compliance  with   the   capacity   plate
  requirements of this section.
    7.  The  department  may  by  rules  or  regulations  exempt  from the
  requirements of this section vessels  which  it  finds  to  be  of  such
  unconventional  design  or construction that the information required on
  capacity  plates  would  not  assist  in  promoting  safety  or  is  not
  reasonably obtainable.
    8.  The  department  is  authorized  to  issue  and  amend  rules  and
  regulations to carry out the purposes of this section.
    9. This section shall apply  to  vessels  manufactured  after  January
  first, nineteen hundred sixty-nine.
    10.  Any  person convicted of violating any provision of this section,
  or rules and  regulations  issued  thereunder,  shall  be  guilty  of  a
  violation  punishable  by  a  fine of not less than twenty-five nor more
  than one hundred dollars. Failure to affix a proper capacity plate shall
  constitute a separate violation for each vessel with  respect  to  which
  such failure occurs.