Reading a few posts on the Bayliner Owners forum (but not regarding this incident), and elsewhere, suggests that powerboats are sometimes unrated as to capacity but when they are the number of persons seems rather high. Apparently, some ratings appeal to the formula of: (Length x Width)/15 = No. of persons, which can yield preposterously high numbers that even the powerboaters themselves evidently don't believe. Whether or not a boat is "overloaded" depends on the average weight of the persons x their number, plus the weight of the other gear and supplies and, of course, how it is stowed, etc. So, we don't really know if the Bayliner of this incident was truly overloaded or not, and whether or not had it been was a factor in its foundering. But if, as the report stated, one is trying to power over a wave that is cresting, or that is breaking, at a 45-deg angle to it, the weight of the boat and the position of persons/passengers as the boat becomes inclined athwart as the wave passes under it, could make a difference, in my opinion. There might be several "errors" here that led to this accident, etc. Having once owned a 20' Grady White (ca. 3,000 lb), I would conclude that more than 5 persons would be overloading it with persons; so on a 22-footer, perhaps 7 is technically not "overloaded." I doubt that I would take 5 persons to sea on that GW; but 4 (including myself) I did often and w/ dive gear at times. But I also doubt I would take 7 persons to sea on that 22-footer for similar reasons.