Kauai Dive Instructor has leg cut off by boat propeller

[Aquawookie]

f) All vessels shall be prohibited from approaching within one hundred feet of a displayed diver's flag or within fifty feet of a displayed diver's flag on navigable streams, except within marked navigation channels. Vessels approaching a displayed diver's flag to conduct SCUBA, snorkeling, or free diving activities within the one hundred foot or fifty foot restricted area shall be allowed to do so provided that the vessel approaches at a speed of slow-no-wake.

QUOTE]

I know this rule applies to all US waters but it seems to me that it is not being followed.

I was diving in the Florida Keys about 2 years ago and a glass bottomed boat, which operates in the area, would find a diver's bubble wake on the surface and pass directly over the diver.

This happened to me personally twice. The boat passed DIRECTLY overhead. I looked up and saw people looking down at me. I was in about 40 fsw both times, so I was in no immidiate danger. But if I had been surfacing, or if I had panicked, it could have been a very different story.

I was diving off a local dive charter boat which was displaying a diver down flag and moored at an approved bouy at the reef. I believe I was within the 100 ft limit of the dive boat at the time but I can not guarantee this. I didn't surface until I was back at the mooring rope.

I asked several local people why this was allowed to happen and this was the answer I received.

The captain of the boat reasoned if the divers were there, then there was something worth seeing nearby. And if not, then the divers were an acceptable alternate for his viewing passangers.

What, if anything, can be done to prevent this kind of behavior? Can the boat be reported to the Coast Guard? If so then how? Is this a common problem?

 

[lee08]

I hope he has paid his insurance because if I was the victim I would be taking him to court. Why would you take cherry divers straight out to the open water? Give me a break! Is diving now for every tom dick and harry who has a pulse and can strap on a tank or better yet have one strapped on for them. I hope PADI and all the other cert. agencies take a good look at this one.

 

[sea nmf]

Oh, so boats that carry other divers or snorkelers ARE allowed to come within 100', WITH their propellers going! Man! And they aren't even required to watch for bubbles?

In short, only CERTAIN boats are allowed to run into you! Mystery solved.

 

[Gilligan]

Oh, so boats that carry other divers or snorkelers ARE allowed to come within 100', WITH their propellers going! Man! And they aren't even required to watch for bubbles?

In short, only CERTAIN boats are allowed to run into you! Mystery solved.

I can't speak for other State's dive flag laws but I always thought Hawaii's was a worthless one because it allowed other dive boats to approach a boat with divers down. Laws, regardless of how they are written, are the criminal side of an issue. Civil suits resulting from another's alleged "negligence" is what prevails in our society.

 

[cra2]

Civil suits, and vigilante justice.

If you get buzzed by a boat while displaying your flag, how can the law enforce that? - it's your word against his that he was within 100'.

 

[diving-diva]

We were in Kauai 1 1/2 weeks ago. Our guy in the know said they did not have a flag.

 

[Seabear70]

It's sad, but not that uncommon.

I've seen Dive boat operators come so close to a dive boat that we bounced a flare off of their windshield... After they did it 4 days in a row.