THE GENERAL LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XIV. PUBLIC WAYS AND WORKS
CHAPTER 90B. MOTORBOATS, OTHER VESSELS AND RECREATIONAL VEHICLES
Chapter 90B: Section 13A. Scuba divers; display of diver's flag required
Section 13A. Every scuba diver or group of scuba divers while swimming on or under the surface of the waters of the commonwealth shall display for each diver or group of divers as a warning device to boat operators, a diver's flag, so called, constructed of rigidly supported material at least twelve inches by fifteen inches in area of red background with a white diagonal stripe. Such diver's flag shall be displayed on a boat or surface float and shall extend a minimum distance of three feet from the surface of the water. Divers shall remain in an area within one hundred feet of such displayed diver's flag while at or near the surface of the water. A boat operator within sight of a diver's flag shall proceed with caution and within a radius of one hundred feet of such flag shall proceed at a speed not to exceed three miles per hour.
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XIV. PUBLIC WAYS AND WORKS
CHAPTER 90B. MOTORBOATS, OTHER VESSELS AND RECREATIONAL VEHICLES
Chapter 90B: Section 14. Penalties; proceedings
Section 14. (a) Whoever violates any provision of section two, three, four, six or nine A or of any rule or regulation pertaining thereto shall be punished by a fine of not more than fifty dollars, except as hereinafter provided. Any person against whom a complaint has been issued for a violation of section two or of any rule or regulation pertaining thereto may, if it is the first offense committed by such person in violation of the provisions of this chapter or of any rule or regulation made under authority hereof, appear in person or through an attorney or agent duly authorized in writing, before the clerk of the court having jurisdiction of the offense, and confess the offense charged. In the alternative, any person against whom a complaint has been issued for violation of section five, five A, six or nine A may waive a trial and plead guilty by mailing to the clerk of the court having jurisdiction of the offense, payment in the amount of ten dollars for each offense, by postal note, money order, or certified check made payable to said clerk. Payment by such a person to such clerk of a fine of ten dollars and costs shall operate as a final disposition of the case. Proceedings so disposed of by such clerk shall not be deemed criminal and no person who appears before a clerk of court as provided herein shall be required to report to any probation officer and no record of the case shall be entered in the probation records. Such clerk shall, within three days of such payment, forward to the director a certified copy of such proceedings. For the purpose of counting violations such disposition shall operate as if a finding of guilty had been made in court.
(b) Whoever as a scuba diver, so-called or boat operator violates any provision of section five, five A, seven, subsection (b) of section nine, twelve A or thirteen A or of any rule or regulation pertaining thereto shall be punished by a fine of not less than ten nor more than fifty dollars.
(c) Whoever violates any provision of subsections (b), (c), or (d) of section eight or any rules or regulations pertaining to section eight shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XIV. PUBLIC WAYS AND WORKS
CHAPTER 90B. MOTORBOATS, OTHER VESSELS AND RECREATIONAL VEHICLES
Chapter 90B: Section 13A. Scuba divers; display of diver's flag required
Section 13A. Every scuba diver or group of scuba divers while swimming on or under the surface of the waters of the commonwealth shall display for each diver or group of divers as a warning device to boat operators, a diver's flag, so called, constructed of rigidly supported material at least twelve inches by fifteen inches in area of red background with a white diagonal stripe. Such diver's flag shall be displayed on a boat or surface float and shall extend a minimum distance of three feet from the surface of the water. Divers shall remain in an area within one hundred feet of such displayed diver's flag while at or near the surface of the water. A boat operator within sight of a diver's flag shall proceed with caution and within a radius of one hundred feet of such flag shall proceed at a speed not to exceed three miles per hour.
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XIV. PUBLIC WAYS AND WORKS
CHAPTER 90B. MOTORBOATS, OTHER VESSELS AND RECREATIONAL VEHICLES
Chapter 90B: Section 14. Penalties; proceedings
Section 14. (a) Whoever violates any provision of section two, three, four, six or nine A or of any rule or regulation pertaining thereto shall be punished by a fine of not more than fifty dollars, except as hereinafter provided. Any person against whom a complaint has been issued for a violation of section two or of any rule or regulation pertaining thereto may, if it is the first offense committed by such person in violation of the provisions of this chapter or of any rule or regulation made under authority hereof, appear in person or through an attorney or agent duly authorized in writing, before the clerk of the court having jurisdiction of the offense, and confess the offense charged. In the alternative, any person against whom a complaint has been issued for violation of section five, five A, six or nine A may waive a trial and plead guilty by mailing to the clerk of the court having jurisdiction of the offense, payment in the amount of ten dollars for each offense, by postal note, money order, or certified check made payable to said clerk. Payment by such a person to such clerk of a fine of ten dollars and costs shall operate as a final disposition of the case. Proceedings so disposed of by such clerk shall not be deemed criminal and no person who appears before a clerk of court as provided herein shall be required to report to any probation officer and no record of the case shall be entered in the probation records. Such clerk shall, within three days of such payment, forward to the director a certified copy of such proceedings. For the purpose of counting violations such disposition shall operate as if a finding of guilty had been made in court.
(b) Whoever as a scuba diver, so-called or boat operator violates any provision of section five, five A, seven, subsection (b) of section nine, twelve A or thirteen A or of any rule or regulation pertaining thereto shall be punished by a fine of not less than ten nor more than fifty dollars.
(c) Whoever violates any provision of subsections (b), (c), or (d) of section eight or any rules or regulations pertaining to section eight shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
