Sailboat Runs over DiveFlags at BHB

[danvolker]

I am very surprised they took this case. Now with zero injuries or damages, I wonder what the penalty will be.

Maybe it is the flagrant disregard for the safety of the divers, by the boater...this could be a legal statement to boaters...I also heard this boater had the option of a simple plea deal, where only a wrist slap would have occurred...the sailboater was so certain that he had every right to disregard the safety of the divers., he insisted on pleading not guilty...and this may have made it a "test case"

 

[dumpsterDiver]

Maybe it is the flagrant disregard for the safety of the divers, by the boater...this could be a legal statement to boaters...I also heard this boater had the option of a simple plea deal, where only a wrist slap would have occurred...the sailboater was so certain that he had every right to disregard the safety of the divers., he insisted on pleading not guilty...and this may have made it a "test case"

You and I know this exact issue was brought up at the county meeting when the sailboaters indicated that they MUST use this navigational channel to safely pass under the bridge. I would be surprised if anything other than a wrist slap is delivered.

We also should remember the recent local case where the operator (a practicing ER physician) apparently disregarded a dive flag, approached a dive boat at high speed, ran over a few divers and essentially chopped off both legs at the shin of one young man. He then was found guilty of reckless operation (I think it was) and was fined something on the order of $10 or $20 per toe plus very modest court costs. As I recall, anyway.

 

[Splitlip]

You and I know this exact issue was brought up at the county meeting when the sailboaters indicated that they MUST use this navigational channel to safely pass under the bridge. I would be surprised if anything other than a wrist slap is delivered.

We also should remember the recent local case where the operator (a practicing ER physician) apparently disregarded a dive flag, approached a dive boat at high speed, ran over a few divers and essentially chopped off both legs at the shin of one young man. He then was found guilty of reckless operation (I think it was) and was fined something on the order of $10 or $20 per toe plus very modest court costs. As I recall, anyway.

I tend to agree. However the Dr.'s case was heard in Martin. I think this was PB.

That aside, I think Florida law says if a boat is operating within 300/100 ft of a dive flag it must must do so at idle speed. From the video it appears the captain operated at a speed just fast enough to maintain control of the rudder.

Am I wrong?

 

[danvolker]

One of the witnesses in this trial now works at Pura Vida dive shop ...she could certainly add a lot about what was covered in court....she actually shot the video

 

[jimw]

Who was charged? I need it to look up the case on the PBC courts website...................

 

[Herb-alaska]

I think that all this entire case is going to do is drive a bigger wedge between the divers and the boaters. I am a diver and I am a sail boat owner. I have no idea what the mast height is of that boat or the clearance level of that bridge but I saw a sailboat going slow enough that he could maintain steerage and divers that refused to get out of the away although they had ample opportunity.

I liken it to standing in a cross walk staring down a semi truck and daring them to run you over rather than stepping out of the way. To me it was just stupid. For gosh sake drop to the bottom or hug the bridge and if they were students and could not do that then that was the wrong place to be diving. There is no way that boat was gong to suck them into a prop.

I think the time and the publicity would have been better spent trying to negotiate a peace where both divers and boaters could share a waterway. But that's just me.

 

[tac747]

Just got a call from the witness coordinator with the verdict. Score for the diving community!

If the courts come down hard on this guy I would not be surprised to see a movement by the boating community to have diving banned in this area within the next 2 or 3 months. And I was so looking forward to doing this dive when I am there in October. I was even going to try and get Dan V to show me around as we have standing invitation to get a beer as per one of my first posts. Something about being a sock puppet if I remember right.

 

[danvolker]

If the courts come down hard on this guy I would not be surprised to see a movement by the boating community to have diving banned in this area within the next 2 or 3 months. And I was so looking forward to doing this dive when I am there in October. I was even going to try and get Dan V to show me around as we have standing invitation to get a beer as per one of my first posts. Something about being a sock puppet if I remember right.

Dont worry about the boating community. There are only about 3 sailboats a year that decide they need to go under the brdige in the diving area, meaning most boaters will not see this as relating or as important to their own boating enjoyment. They are at least as devisive a community as we divers are, probably more so, and this means getting together on an issue is hard, even when it does effect all of them--this effects almost none.....Except for the boaters that think it is OK to drive their boat over the bodies of people in the water in front of their bow--which they can plainly see.....

---------- Post Merged at 07:24 AM ---------- Previous Post was at 07:03 AM ----------

Imagine what would happen if a person driving a car, decided that the pedestrian walking in front of his car, was wrong to be in front of his car--should be crossing somewhere else, and not in his way...so the guy driving the car just decides to run the pedestrian over....( a situation where the driver easily sees the pedestrian, and could easily stop)
How do you think that would play in court- even if the pedestrian had no business crossing at this particular point.?

Remember, the sailboat could easily have decided not to enter the under bridge crossing--he had visual of the divers in the water in front of his path, and had the diveboat telling him with loudspeakers that could be heard over a 1/4 mile away.

 

[trigfunctions]

The link to the video of the incident no longer works. Does anyone have another link to the video?

 

[eeel]

The link to the video of the incident no longer works. Does anyone have another link to the video?

See post #5 on this thread...

http://www.scubaboard.com/forums/ne...florida-sailboat-nearly-runs-over-divers.html