Dive Flag Law Again!!

[MSilvia]

Matt, just for clarification, Folly Coves's mostly in Gloucester.

I'm a bit suprised to see you're right about that. The town line isn't where I thought. Fortunately for me, I've always felt that site was overrated.

I haven't heard any buzz about Rockport considering the same stupid regulations.

 

[crlavoie]

I'm a bit suprised to see you're right about that. The town line isn't where I thought. Fortunately for me, I've always felt that site was overrated.

I haven't heard any buzz about Rockport considering the same stupid regulations.

Around this time last year, I had a lengthy discussion with the Rockport Harbor Master on this topic and he was quite clear that Rockport had no intention of proposing or enforcing any such law. He was really a very friendly guy and seemed genuinely sympathetic toward divers. He left us his card and said to call if we ever arrived at a site and were in need of miscellaneous gear like a flag, fins, catch bags etc. He has a sizeable collection of stuff left behind on the beaches and would be happy to loan it out.

 

[Medic0506]

I'm well aware that an underwater protest would not work lcl, however, I thought the idea was funny and maybe it would make somebody laugh. I appologize for bringing my ridiculous concept to the table.

 

[Richesb]

Folks,
Just so you ALL are a little smarter.
There are Federal laws governing dive flags also. They apply in ALL state waters.

 

[dave4868]

Around this time last year, I had a lengthy discussion with the Rockport Harbor Master on this topic and he was quite clear that Rockport had no intention of proposing or enforcing any such law. He was really a very friendly guy and seemed genuinely sympathetic toward divers. He left us his card and said to call if we ever arrived at a site and were in need of miscellaneous gear like a flag, fins, catch bags etc. He has a sizeable collection of stuff left behind on the beaches and would be happy to loan it out.

Scott Story and Rosemary Lesch are the Harbormasters for Rockport and they're absolutely super in the way they deal with the public. Always friendly, polite, respectful and reasonable.

They're the most professional pair of government agents I've ever met. I welcome them anytime they want to see my catch.

Dave C

 

[rockjock3]

I just want to mention one more time that - the Harbormaster - said he will be posting signs at the local dive sites and won't be fining divers until those signs have been posted. He did not suggest any time frame.

Al

Yea, but it doesn't matter if he posts signs or not. If his signs are not supported by some law/ordinance then they are simply a waste of county money.

I mean, if there is a 20MPH speed limit on a road and public works decides to put up 15MPH signs because they want to the cops can't write tickets for people going 20mph. Unless it is supported by law or ordinance.

Please advise me if this is different up there.

 

[Gilldiver]

If it hasn't been suggested yet, use the passive protest method. Get 50 divers to go out with one flag per pair. Let them get cited and everyone of them demand a trial. At the trials get pro SCUBA safety witnesses to testify about the safety aspects and make sure that the city lawers know it, and the city insurance companies.

Clog up the city courts and let them know it will occure every so often and in full view of the papers and TV.

Try to make them look foolish and cost the city money and then you get the tax payers on your side.

 

[Dash_Riprock]

Yea, but it doesn't matter if he posts signs or not. If his signs are not supported by some law/ordinance then they are simply a waste of county money.

I mean, if there is a 20MPH speed limit on a road and public works decides to put up 15MPH signs because they want to the cops can't write tickets for people going 20mph. Unless it is supported by law or ordinance.

Please advise me if this is different up there.

rockjock3

That is exactly the point of contention. The Town of Gloucester does have on the books a poorly written ordinance regarding this law. It's has been on their books for quite some time. They are just recently threatening to enforce it.

Al

 

[Dash_Riprock]

Folks,
Just so you ALL are a little smarter.
There are Federal laws governing dive flags also. They apply in ALL state waters.

Richesb

The federal law deals only with boats. This area is known for it's shore diving and that is were the problem exists.

Here is a quote

Dive Flag Law
Rules for U.S. divers and boaters
The U.S. Coast Guard spells out the federal regulation for dive flag use in Rule 27e - Vessel Engaged in Diving Operations:


Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit all lights and shapes prescribed in paragraph (d) of this Rule [most civilian vessels], the following shall be exhibited:

Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white; a rigid replica of the International Code flag "A" not less than 1 meter in height. Measures shall be taken to ensure its all-round visibility.

Al

 

[rockjock3]

rockjock3

That is exactly the point of contention. The Town of Gloucester does have on the books a poorly written ordinance regarding this law. It's has been on their books for quite some time. They are just recently threatening to enforce it.

Al

But the quoted ordinance states divers must display a flag. Not divers must display flags. I thought Rob (lawyer) clarified that. That would tell me that divers must carry a flag not interpreted as each diver must display a flag. I don't live in that area though so I don't know if the that is they way divers read it up there.

So, based on that, if the harbormaster puts up signs that each diver must carry a flag and then issues citations for those violating that then he would be wrong because the ordinance reads that divers (more than one so could include a group) must display a dive flag (singular). His citations would not be valid because he can't make up his own laws and ordinances as he sees fit.