Unsafe Conditions

West Virginia law designates the following dangerous operating practices as being illegal.

Overloading and Overpowering is exceeding the safe loading and horsepower shown on the capacity plate installed by the vessel manufacturer.

• Do not exceed either the maximum number of persons or the maximum weight of passengers and cargo.
• Do not exceed the maximum horsepower.
• If a vessel does not have a capacity plate, the owner must demonstrate that the vessel conforms to the USCG’s safe loading and powering requirements.

Hazardous Condition is operating a vessel, or knowingly permitting another person to operate a vessel, in a condition that causes a hazard to those on board. Conditions that cause a hazard include the following.

• The operator has a physical or mental disability that prevents him or her from operating the vessel in a safe manner under all normal circumstances.
• There are insufficient personal flotation devices, fire extinguishers, backfire flame arrestors, or navigation lights.
• Any other unsafe condition exists.