Obnoxious boaters suck!

[ScubaSteve]

...... As for the flag not being the exact size...the rangers can choose to enforce whatever rules they choose to enforce......

I have never dived this lake, but that does not stop me from having an issue with this statement. I know it to be true however in all aspects of life and the law but I personally believe in level application of the law. If the diver is breaking the law, then why should they not get charged? They are breaking the law just as the boater is. Charge them both. I think it is wrong (although it is the way life operates, I know) of the cop/police to play favorites and pick and choose which laws to enforce, and which to ignore.

Just my $0.02.

 

[tomfcrist]

There is no wake, no prop wash and the driver isn't at the helm....they are adrift which does not fall under the blanket of operating a vessel, at least according to the posted regulations.

 

[francousteau]

There is no wake, no prop wash and the driver isn't at the helm....they are adrift which does not fall under the blanket of operating a vessel, at least according to the posted regulations.

Umm...there's usually NO prop wash when your under a trawl! That's the idea of being under a trawl. Also...take another look at the picture. The guys left hand is on the wheel....appears to me that he's steering...although like you, I wasn't there. Interesting to see if the OP saw him under power. As I said in another post....I saw a boat anchored...powered off...and the ranger ticketed him. Just sayin...

 

[Kharon]

I have threatened a boater that was endangering us before..with a speargun....and they left very quickly...but a speargun is illegal in most lakes -as far as I know

What if you are only using it to spear boat/jetski operators? They might make an exception.

 

[paulw]

I can see it now, the officer (now scuba police) makes the diver come to the shore (he also cant bring a vessel within 150ft of the flag ) whips out his tape measure and says I'm gonna have to write ya up son, this flag is a inch and a half short , sign here and dont let me see you back round here again!
(Sorry, just pokin fun)

Well actually an officer can choose to ignore an infraction of the law, give a warning or press it to the fullest depending on his/her interpretation of the indecent and I am glad they can because if strict enforcement of the law was the rule we would all be in trouble. In this case the diver was complying to the law with a very small infraction and the boater clearly was not, under power or not unless he used oars to retreat he would have use power to turn the prop. I don't believe the "Captain" should be keel-hauled but he needed a strong talking to, maybe boaters caught doing this should be shown pictures of someone struck by a prop. Should the diver use a larger flag.. well for our own safety I think that answer is YES get the biggest one you can because for some reason a lot of boaters (not all) seem to be oblivious to flags and buoy's of all types. I believe we should always try to be proactive instead of reactive and keep in mind that we are responsible for our own safety while diving, we sign waivers acknowledging that fact and that includes the waters surface.

 

[scubadivingsteve]

I just posted the statutes for general knowledge. It wasn't meant to start a debate. I enjoy going to Lake Murray and I know the boat traffic is an issue that requires extra attention.

 

[manni-yunk]

Why is the "boater" any more obnoxious (as labeled in the OP) for not following minimum distance from the dive flag statutes (arguable as I think the boat is drifting) - than the diver, for not following the minimun dive flag size statutes?

 

[paulw]

Why is the "boater" any more obnoxious (as labeled in the OP) for not following minimum distance from the dive flag statutes (arguable as I think the boat is drifting) - than the diver, for not following the minimun dive flag size statutes?

The issue becomes the person in control of the dangerous item and in this case it is the the boat. The diver was obeying the law, a mistake in the flag size is minor where the boater ignored the law. I'm not sure about the "label" "obnoxious" but the diver or swimmer will not run over and harm or kill the boater. We do not know if there was any discussion between the photographer and boater or if the vessel was under power or not but the danger presented was from the boat alone, I just do not believe the difference of the flag size would have changed anything and it obviously would not have negated the danger.

 

[manni-yunk]

The issue becomes the person in control of the dangerous item and in this case it is the the boat. The diver was obeying the law, a mistake in the flag size is minor where the boater ignored the law. I'm not sure about the "label" "obnoxious" but the diver or swimmer will not run over and harm or kill the boater. We do not know if there was any discussion between the photographer and boater or if the vessel was under power or not but the danger presented was from the boat alone, I just do not believe the difference of the flag size would have changed anything and it obviously would not have negated the danger.

This is where you and I disagree. The diver was NOT obeying the law. That flag is small - and the law clearly states a min size for a reason.

There are a lot of assumptions here - which is why I dont want to take part in the accusations or blame part of the conversation. If we stick to JUST THE ABSOLUTE proveable facts, based on the picture - they were both at fault and breaking the law. The boat encroached on the divers mark - and - the divers mark was to small.

So, without assuming anything - they both broke the law.

 

[ScubaSteve]

...... The diver was obeying the law, a mistake in the flag size is minor.......

Most laws are Absolute (I should add in here that this is my NON-legal opinion). You are either in compliance or you are not. In this case, if in fact the flag is not in compliance (does not conform) with local regulations, then the diver broke the law just like the boater did. This is why I do not like uneven application of the law. I agree that everybody breaks a law because "Well, it is only a little bit and is not serious" so if LEO did evenly and fully apply the laws, it would be painful. BUT, it would stop this nonsense where people deceide for themselves which laws should or should not be obeyed.