posted 03-16-2004 12:23 AM ET (US)            

If Washington's penal system is anything like our system in Oregon, automatic "good time" reductions will turn that 24 month sentence in to a maximum theoretical sentence of 19 months. If the criminal is also allowed to participate in boot camp or some other special prison program, the net sentence could be further reduced to a net of less than a year...

posted 03-16-2004 10:48 AM ET (US)            

Twin turbine 175 mph, no capsule.

see:
www.integratedturbines.com

posted 03-16-2004 12:58 PM ET (US)            

Now my point, though a little off topic, really isn't. The following story is true, and can be confirmed by anyone who calls Jim (the owner) of Bob Hewes Boats (305.681.6602) http://www.bobhewesboats.com

Some of you may recall that I had purchased a 1980 V-20 Outrage and wanted to repower it with a 200hp engine... while the boat is only rated for 180hp.

Though several of the forum members said I should do it, Bob Hewes didn't. I had gotten all kids of stories from their employees as to why they wouldn't, even one that included that the USCG wouldn't allow them to overpower any vessel due to their contracts. Oh, by the way, FLORIDA law doesn't allow overpowering vessels.

Well, I spoke to Jim, and he told me exactly why they don't.

Many years ago, a guy came to Jim and had asked him to overpower a boat by 5 hp. Jim oblidged, but on condition that the owner sign a waiver of liability. The owner signed.

Several weeks later, the owner, like the captain of the boat in this above story, had an accident. The captain crashed into the jetty at WOT. The passengers were ejected, and one died.

The family of the passenger that died, sued Jim and his company for wrongful death. They claimed reckless endagerment in overpowering (for profit) as the contributing factor to the unsafe operation and building of an unsafe vessel. Furthermore, the passengers did NOT sign the waiver that the owner/captain signed.

Jim spent $15,000 to defend himself and his company. Later, it was found that the captain had several DUI's, and after the accident had several more. The guy was just an alcaholic who had no respect for anyone and shouldn't have been driving.

The case was dismissed.

Today, that could cost you, your family, or your estate, in excess of $60,000 just to defend against a trial. Do you really want to do that?

Let this be a lesson in driving drunk, as well as the responsibility of overpowering a boat. Don't do either.

posted 03-16-2004 02:16 PM ET (US)            

Keep in mind that unless the fact that the craft was overpowered was the proximate cause of the accident, mere overpowering itself would not make its owner automatically liable for damages, but it might well kick in a coverage exclusion. Examples: Let's say that your policy has a provision that excludes coverage if the insured craft is overpowered. If I take a friend out in my overpowered craft and I'm blasting along at WOT, straight as an arrow on a calm clear day, and I slam into a jetty killing my buddy, my insurance carrier would most probably be able to leave me high and dry as to coverage, especially if they could show that but for the overpowering, my boat couldn't have gone fast enough to kill when it hit the jetty (and they might not even have to prove that). Same scenario -- this time my boat is grossly, ridiculously overpowered, and I'm putting along with my friend at fifteen miles per hour and hit the same jetty and my friend dies. Could the insurance company get out of paying the decedent's family because of the boat being overpowered? MAYBE not, because the fact of the boat being overpowered was not a legal, proximate cause of the accident...but that's a big, potentially very costly 'maybe.' Third scenario -- your boat is stolen and the thief, blasting down the channel wide open kills somebody...1) does liability attach to you? and 2) if so, is the carrier on the hook. Maybe not as to Issue 1. Your lawyer would argue that the theft constituted an 'intervening, superseding act' which broke the chain of causation. But watch out for Issue 2. If it were determined that you WERE at fault, and further that the boat wouldn't have been able to go fast enough to kill unless you had overpowered her, your insurance company might be off the hook.

Bottom line, of course, is READ YOUR POLICY. Know what you're covered for and what not. If it doesn't make sense to you (and many policies don't make sense to lawyers and judges, so don't be ashamed), have a sit-down with your agent, have him/her explain it, and if an operative provision seems critical to you, have your agent write out his/her explanation and keep that with your policy. Be very aware that sh*t happens very, very fast on the water, and your simple absolutely unintentional, sober error could end up costing you your boat, your home, and your life savings if you're not properly covered and if you don't understand and comply with the exclusions.

posted 03-16-2004 05:06 PM ET (US)            

Unless the boat is operated at a speed that the max HP rating would be uableable to propel the boat at, couldn't that be argued?

I think the reason most people want to overpower is not so much for the max speed factor as the efficiency of a motor that is working less hard, and reserve power for emergency situations.

Just my thoughts on that. I agree that you can't count on the legal system, your lawyer or any jury to make a logical decision at any given time, but it seems like there is just a point where liability goes too far, common sense walks out the door and the looney tunes begin.

If you do choose to overpower your boat, and/or your have purchased a boat that is overpowered, be sure your insurance carrier is aware of this fact. There have been several threads here on carriers that will still write policies for you.

When you are contemplating overpowering, first give your insurance agent a call. Ask him for a quote on the insurance, and be explicit that the HP will be more than the stated capacity plate. Better yet, fax a request for a quote from him and save a copy of your letter.

I find that documentation, in general, heads off silly/frivilous arguments "at the pass". My college profs called it CYA - Cover your arse...

Boat safely...

posted 03-17-2004 09:28 AM ET (US)            

I once owned a 1968 charger r/t.....it was equipped with an 440 ci magnum...and had manual brakes..."all go and no whoa"

funny I never rear-ended anyone tho..or wrecked it...