I'm in complete agreement, tommays ...
The fact that they had 27 people on-board is only exceeded in foolishness by the CG not requiring passenger ratings on boats over 20' or as far as i can tell even require a stability # on pleasure boats
I can't think of any reason why a capacity rating shouldn't be required on all recreational boats, particularly the mass-produced boats such as this.
I think I saw that Maine Sail indicated that the owner's manual for the boat lists 10 as the recommended capacity. Just 10?!?!?!?. This seems to be an indictment of the boat to me. It tells me that the manufacturer designed a spacious death trap for unsuspecting customers. Just the fly-bridge seems to show seating for 6 in the brochure. What happens when the owner's manual is finally discarded after 20 or so years and multiple changes of ownership. The information regarding this very limited capacity is virtually unobtainable.
Think of it this way, boat owners in NY may not even be required to take a Boating Safety course ... but many of us here think that the "captain" should be all knowing. It seems that we want it both ways ... no regulations or special requirements for recreation boaters (keep the government off my back), but then we want "captains" to take on all responsibility (protect the manufacturers) for disasters that could be design related. BTW, manufacturers also don't want boaters to have to jump through hoops to demonstrate capability, either.
I look at it this way ... 27 lay people got on that boat because it was spacious enough to accomodate them. Granted, many were young kids, but NO adults questioned the safety of this action, possibly because the boat appeared to be large enough to handle the load.
The manufacturer does a stability calculation and concludes that only 10 people is the capacity (the number may be so low because the design of a top-heavy boat makes it both spacious and unstable). But the manufacturer hides the information in an owners manual that will be observed by very few people, once the novelty of the initial purchase has worn off. Why shouldn't a capacity plate be required so that it is plain for anybody to see what is safe and what is not? We're required to post a sign that tells us we can't dispose garbage in the water, for gosh sakes! What does it take to have a placard placed on a recreational boat (requiring no special training for operation) that warns us about our safety?
I don't think this skipper will be found at fault over capacity issues even though it is obvious that the boat was overloaded. I wonder what eventually became of the skipper in San Diego in a similar incident?