Is it Illeagal to dive with out a flag in MA?

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Vin

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Location
Boston
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Is it Ileagal to dive with out a flag in MA?

Best practice aside.... no lectures please.

What does the law say?

This recently came up in discussion.

Vin
 
This from:

http://www.mass.gov/legis/laws/mgl/90b-13a.htm

PART I.
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TITLE XIV. PUBLIC WAYS AND WORKS
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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.
 
[font=Arial,Helvetica] Massachusetts Dive Flag Law The following paragraph is taken verbatim from Mass. General laws, public ways and works 90B 13A: [/font] [font=Arial,Helvetica]

"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 12" by 15" in area of red backgroud with a 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. A boat operator within sight of a diver's flag shall proceed with caution and within 100' of such flag shall proceed at a speed not to exceed three-mph".
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[font=Arial,Helvetica]Penalty for violation is $50, so always fly a flag and consider towing it with you, rather than just anchoring it in your general area. This law is strictly enforced both on land and at sea, especially during summer months.
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Take a look here for some pretty good info regarding dive flag stuff: http://www.dive-flag.com/law.html
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[font=Arial,Helvetica]Not complete yet but getting there.
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The law is definitely inforced, we did not get a ticket but did get a warning.
 
This discussion has come up amongst my fellow instructors, and our Training Director was asutute and kind enough to point this out to me:


Section 13A. "...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..."

Essentially that means that if your navigation skills are good enough, you can plant that annoying thing in the sand or between some rocks and go off and do your thing. So long as you surface within 100' of the flag any time you surface, you're good to go. I learned this trick from one of our most famous local photographers and naturalists when we chatted between dives at Folly Cove.
 
PeaceDog:
This discussion has come up amongst my fellow instructors, and our Training Director was asutute and kind enough to point this out to me:


Section 13A. "...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..."

Essentially that means that if your navigation skills are good enough, you can plant that annoying thing in the sand or between some rocks and go off and do your thing. So long as you surface within 100' of the flag any time you surface, you're good to go. I learned this trick from one of our most famous local photographers and naturalists when we chatted between dives at Folly Cove.


Excellent point. This is what I do while diving Folly. I simply anchor the flag to the cable that runs on the eastern side or on the mooring in the center. I then do my dive and return for the flag at the end.

DSDO

Alan
 
Funny It came up while diving last night @ Folley. I am a DM and I confess I was Puzzled. Frankly- what I do on my own time is my business. Typical MA law. I only bring the flag is I am Spearfishing and need a float or w/ a class- or clearly in a haz conditions or traffic....

Vin
 

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