I want to trade my 40HP that previous owner bought with the boat but a friend pointed out that if the capacity says 40HP a dealer may not put on a 90 or 115 for me. When people are chopping up the lakes here in central Florida or it is a windy choppy day the 40HP barely gets me through the waves safely. Also can you be ticketed for having a motor that exceeds what is written on the capacity plate if you are stopped? Appreciate any insight.