Boat seating question

While under power of the main engine, are you allowed to sit at the same level, or higher than the gunwale (gunnel) ?

I dont see why not. Iv seen center console boats with no seat , and with seats on an all most standing position

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Here's my situation. The boat is made for the cushion to slide in, it would be nice to have seat with a back on it. I was thinking about mounting a seat base, and putting a folding seat their. The folding seat would be higher than the slide in cushion.
Just want to stay legal.

I sit above the gunnels on my center console boat...I don't see where you'd have a problem.

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depends on the seat. is it rated for occupancy while under power? if not, then you can't sit in it over 5mph.

I'll see if it has any tags, thanks

Here is one link to seat ratings.
https://www.westmarine.com/WestAdvis...t-Seat-Options
Each manufacture will identify the rating for each seat, mount option.

I bought a boat seat. I use them in my fishing boat AND my duck boat. I can sit in this chair in soaking wet waders and still have some air flow. Between the kids, dogs, hunting partners, pressure washer, snow, ice, rain, heat, freezing temps and generally all around ROUGH life in a duck boat, this seat has yet to miss a beat. Its used as a step getting in and out of the boat carrying way more weight than we should and it has yet to stretch out even a little bit. I bought mine based on a recommendation from a spoonbill fishing guide that changed all his seats out to these, and I recommend them to everyone I meet now too.

As a bass boater for many years the only time I saw tickets written was in Mo. and Iowa as the passenger was on the front deck under main engine power. The Mo. ticket was at an idle crossing a cove mouth.

I did find out if the seat locks in the forward position and locks into the deck mount it is ok, if it free spins or just pulls out that is a no no.