Dive Flags & Law

[Curly]

Looking for a good dive flag that has the bottom of the flag at least three feet from the surface of the water. Turns out that the law in New Hampshire states that the flag must be this high -- and most folks I know have been diving with flags slightly lower than that for years. Leisurepro seems to have a float/pole that is 5 feet long, which should do the trick, but it is not in stock. The four-foot pole would obviously not do it. I can't seem to find a place with a flag float that is up to "code" -- any help appreciated.

 

[DarkFrog]

Looking for a good dive flag that has the bottom of the flag at least three feet from the surface of the water. Turns out that the law in New Hampshire states that the flag must be this high -- and most folks I know have been diving with flags slightly lower than that for years. Leisurepro seems to have a float/pole that is 5 feet long, which should do the trick, but it is not in stock. The four-foot pole would obviously not do it. I can't seem to find a place with a flag float that is up to "code" -- any help appreciated.

I was unaware of any rule like this, but for everyone's reference, it is RSA 270:31 (
link). The penalties for violating this are:

270:32 Penalty. – Any person violating the provisions of RSA 270:31 shall be subject to the following penalties:
I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $25 for each offense.
II. If the offense occurs on or after November 1, 1973, he shall be guilty of a violation for each offense.
III. The director of safety services may prohibit further scuba activity, in addition to the penalties prescribed in either paragraph I or II, until the provisions of RSA 270:31 have been complied with.

I'm not sure how to interpret part II. Can anyone explain this? Is being "guilty of a violation" penalty enough in itself?

 

[Boogie711]

DarkFrog - in an earlier life, I did Policy work for our Provincial Government. I became rather adept at reading legalese. There should be an earlier section of the code which outlines what a violation means.

 

[DarkFrog]

III-a. A person convicted of a violation may be sentenced to conditional or unconditional discharge, or a fine.
IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and (b) shall not include the amount of any civil penalty, the imposition of which is authorized by statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine imposed on:
(a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor, and $1,000 for a violation.
...
VI (b) The period of a conditional discharge shall be ... for a misdemeanor or violation by no more than one year in order to allow the defendant to satisfy the condition.

Finally found it. NH RSA 651:2 Sounds to me like the maximum penalty is $1000 or a year parole, but I'm no lawyer. Any luck finding an enourmous pole yet?