Interesting Scenerio

[Scuba_Jenny]

I just finished reading the other post on bad dive boat http://www.scubaboard.com/t64408.html, and thought I would post what happened yesterday to a bunch of us snorkelers.

A few of us divers were doing the family thing yesterday and snorkeled a popular dive destination- the erojacks in Dania. There is a pier a few hundred yards to the south. The jacks, as they are called. run east/west parallel to the pier,(perpendicular to shore) starting about 1/2 way the length of the pier, out to about twice the length of the pier. There were 8 of us total, 2 of them kids and half being certified divers.

We arrived at the jacks and swam east, a loose congregation of us in little subgroups. There was a little northerly current, so we had to keep swimming to stay on top of the jacks. In my group was I, my daughter and a friend of mine. Close behind was a diver and his wife, followed some distance back the other two divers and the teen. Visibility was great as we could see all the way to the bottom- about 20 feet in the deepest areas.

We were about parallel with the end of the pier when we notice a speed boat go flying past. Ok, pretty close for that speed, but still a safe distance away. A few minutes later, it slowed down, cutting the engine, and came between the pier and us. MORON ALERT I called out, and explained to the non divers how stupid this guy was to be in such a big boat so close to shore. We continued snorkeling aware of the boat. (Yes, we had 2 dive flags, mine the size used on boats.)

I did a free dive and surfaced to my kid and the divers wife telling me that the people on the boat are telling us to keep away from the boat. Huh? The boat was drifting closer and closer to us, and now has a support boat beside it. The big boat, it was apparent to us was a raceboat and bore the name of a liquor company on its side. "Do not come near the boat," we were told. When I explained that THEY were over where we were snorkeling, and we are subjected to the same current as them, they told us to go around!

Finally it was Ok'd that we could swim between the two boats to get away from them. If we had not moved, the raceboat would have drifted right over us. I estimate the boat to be at least 30ft.

Looking at Florida Law, technically, the boaters did nothing wrong, since they were without power, and did not anticipate snorkelers in the water when they cut the power, even tho they were maybe 20 feet away from us at one time. However, this is a popular destination and many many people were there, on shore as well as a few teams of divers. Also, it is my guess that us being near the boat might of disqualified it from the races the following day, or they were concerned about sabatoge. I know nothing of boat racing, so am completely in the dark on this.

http://myfwc.com/law/boatsafe/StateReq.htm
Vessel operators must make a reasonable effort to maintain a distance of at least 300 feet from divers-down flags on open waters and at least 100 feet from flags on rivers, inlets, or navigation channels. Vessels approaching divers-down flags closer than 300 feet in open water and 100 feet in rivers, inlets, and navigation channels must slow to idle speed. (thanks Colin)

Should we have contacted Marine Patrol or some other agency concening this, and if so, what could of been done, or can be done to prevent this from happening in the future? Oh, and when we finished our snorkel (my daughter and I saw an eagle ray on the way in, so except for this incident, it was an awesome day), we heard the powerboats running up and down the coast, (shooting up rooster tails 30ft high), in about the same area that divers would be at if they were at the end of the jacks! Criminey! Theres a whole ocean there, why must they be so close to shore?

 

[MSP Rescue Diver]

Jenny - was he disabled? If so, it's kind of tough to fault him. However if he just came in and was drifting off the beach for kicks, then absolutely you should report him. Did you get his registration number?

Marc

 

[Scuba_Jenny]

I am assuming he was disabled because of the support boat drifing next to them, and one of the boats said they (the big racing boat) couldn't steer. The support boat was flying a flag I did not recognize. I think it was white, with a red cross and some writing on it. That one was too far away to read the writing.

 

[CBulla]

Its times like these when having a writing slate is handy. That one I would have definitely called into the MP, and followed up with an email to your local elected officials, local law enforcement, the marine patrol, USCG, and your elected representative in Florida House of Representatives.

Steering or not, somehow or another that vessel ended up near those flags when they could have very easily have avoided them.

 

[DennisS]

"Reasonable Effort" no "shall", "will" etc. etc. It's a wishy washy statute.

Motor vehicles must make a "reasonable effort" not to go through red lights, stop signs or speed through school zones. I don't think so!

A disabled vessel can drift where the current takes it, I don't have a problem with that. It's the manned and capable ones I have a problem with.

 

[Drew Sailbum]

Do I read this right? The racing boat cut its engines when it saw your dive flag and realized that it was too close? If so, that is exactly what I would want them to do.

 

[Scuba_Jenny]

Clarification: The boat cut its engines as it neared shore, inshore of the end of the pier, maybe by 50 feet or so. It then drifted north to us, and eventually right over the jacks where we had been snorkeling. In the comotion, we were drifting north also, but they were drifting faster than us and would of drifted over us, had we not moved west (inshore).

 

[aquaoren]

I've noticed that boater and PWC drivers have very little regard to a dive flags or people in the water, if at all.
The more expensive the boat, the less regard you can expect.
He defently cared more for his boat than for the people in the water, so why should you care for him? I would have reported him and hoped that he would be disqualified from his damn race or at least paid a hefty fine, maybe this would have been a lesson for him to be more aware of what is happening around him the next time
And if he was disabled, than he probably could prove it. No harm done.

 

[miketsp]

..snip..
We were about parallel with the end of the pier when we notice a speed boat go flying past. Ok, pretty close for that speed, but still a safe distance away. A few minutes later, it slowed down, cutting the engine, and came between the pier and us. MORON ALERT I called out, and explained to the non divers how stupid this guy was to be in such a big boat so close to shore. We continued snorkeling aware of the boat. (Yes, we had 2 dive flags, mine the size used on boats.)

I did a free dive and surfaced to my kid and the divers wife telling me that the people on the boat are telling us to keep away from the boat. Huh? The boat was drifting closer and closer to us, and now has a support boat beside it. The big boat, it was apparent to us was a raceboat and bore the name of a liquor company on its side. "Do not come near the boat," we were told. When I explained that THEY were over where we were snorkeling, and we are subjected to the same current as them, they told us to go around!

Finally it was Ok'd that we could swim between the two boats to get away from them. If we had not moved, the raceboat would have drifted right over us. I estimate the boat to be at least 30ft.

Looking at Florida Law, technically, the boaters did nothing wrong, since they were without power, and did not anticipate snorkelers in the water when they cut the power, even tho they were maybe 20 feet away from us at one time. However, this is a popular destination and many many people were there, on shore as well as a few teams of divers. Also, it is my guess that us being near the boat might of disqualified it from the races the following day, or they were concerned about sabatoge. I know nothing of boat racing, so am completely in the dark on this.

Not to justify his actions but if he was having some sort of engine trouble it would be unreasonable to expect him to stay much off-shore - he would normally look for somewher more sheltered to resolve the problem. I don't know if where you were snorkelling it was flatter or calmer. He certainly may not have seen you until he got closer - swimmers and even dive buoys are pretty low in the water.

He slowed down and cut his engines as he neared you - nothing to complain about there.

Once he stopped his engines he was subject to wind and current - your group was just subject to current so it was not necessarily predictable as to where he would drift.

Technically, once he stopped his engines he was drifting with no manoeuverability so the onus was then on you to manoeuver around him - you were still able to manoeuvre. Unless that is that he deliberately put himself into the condition "disabled and unable to manoeuvre". That would be an abuse.

If I was navigating a power boat as you describe I would certainly ask swimmers to stay away. Those things have large very sharp propellors and often a series of trim tabs - pieces of metal designed to guide the water flow at speed which could make quite a mess of an unprotected swimmer.

It is too easy to jump to conclusions and see a story like this from just one side without knowing all the details.

 

[Don Burke]

If he was really disabled, he may have met the definition of "not under command" and may have broken no laws.

I do not know what I would do if I found myself drifting down on some divers while disabled. I know I would be concerned about slashing someone up on rudders and racing props, as well as the rocking boat hitting someone in the head. I doubt snorkelers could do much damage to a prop, but one could bend a rudder.

Many of the races are close to shore to get a bigger audience. There may have been something in the local notice to mariners about it.

I would contact the Marine Police and Coast Guard and find out what happened and what would be the best course of action. You will probably end up talking to the race organizers as well.