Capacity Labels are already posted on most powerboats under about 30', USCG Requires them on powerboats under 20'. Take a trip to the local lake or seacoast......not how many boats in those classes are overloaded despite the clear warning labels. That paddleboat is a great example. Remmeber a year or so ago, when a 24' ski-boat with 19 people aboard, plus 1 on a wakeboard (boat was rated for 18 persons) lost 2 persons overboard in a slow-speed turn. I seem to recall that at least 10 of the persons onboard were up in the bow seats (she was a bowrider), which most likey affected the handling of the boat. The capacity plate didn't prevent that tragedy.....commonsense should have prevented it from ever coming close to happening!

Adding a capacity Plate is not as simple as just printing the label and sticking in on the boat. There are a lot of expensive calculations and trials that need to be performed, and might need to involve the services of a qualified Yacht Designer/Naval Architect. Even then, unless it were made retroactive ($$$$$$) there are a lot of older boats (example, 1984 Silverton 34s?) out there being used. The boat in question appears to have had an aftermarket radar arch and fully enclosed bimini on the bridge, those would raise the center-of-gravity if only slightly....but would a manufacturer need to test every possible combination of aftermarket add-ons? What about if an owner built a hard-top over the flybridge of his new boat, added a heavy Radar antenna, and maybe put a small rigid-hull inflatable on the foredeck, or worse yet.....on the flybridge hardtop?? Would a builder beresponsible if the boat capsized while carrying the rated number of people on a wake-tossed trip?
I think many if not all Flybridge cruisers built recently have a clear warning sign about how many persons can safely be up on the bridge, yet.....how is that enforced?

Let commonsense rule! If a boat is spotted underway in an overloaded condition, USCG, State Officers, or Local Harbor Patrol should terminate that voyage! If tragedy happens before the voyage can be terminated, then charge the owner/operator with negligence. Don't punish boatbuilders for the stupidity of their customers!!

The event here is tragic, but the argument against further regulation is just as strong. The public needs to be sensible and recognize that laws do not prevent acts of stupidity or outright negligence. Penalizing product cost by requiring further regulation and testing is not the answer. Nor is crediting some politician who uses a tragedy to misplace the root cause of the problem and seizes the situation for personal gain. Where was Charles Schumer when other boaters all over this country were killed or otherwise hurt by accident or by ignorance? Right he was nowhere to be heard from. Come on people see that rush to action for what it is. As to the parents my heart aches for you all, but you are just as negligent as the Captain if you did not ask when you borded the boat is this safe? You cannot shirk your responsibility by saying someone else or some capacity label somewhere that you would not have read anyway would have prevented this. Mr. Schumer if you want to pass legislation requiring operator testing or training I for one will be with you and supportive just like we do with our Drivers licenses. But don't be stupid and think the car (or in this case the boat) will teach him to drive responsibly.

Steve hit the nail on the head "You can not put common sense into law". We have become a society where nobody is willing to take responsibility for the consequences of their actions. It is moronic to believe that that Silverton could carry 27 passengers safely, regardless of the mix of adults to children. It is moronic to believe 5 people could safely operate a 2 person paddle boat, that had a capacity plate. Since the morons of the world do not take heed of capacity plates, requiring them on all vessels would most likely not reduce the frequency of these incedents.

While any accident is tragic, the last thing we need is more government regulation.... of anything.

You can not put common sence into law - really thats what and continues to be problems weather on the water or even the roads.
27 people on a 34ft. boat !!!! and regards to a capacity post.. that did not work on the 2person paddel boat .. maybe a sticker on the captain that could say "what was I thinking" or stupid---- what a shame