Rob Murphy Loses Legs to Boater

[Rick Murchison]

Rick,
As I read section 4 on the dive flags, are divers really restricted to 50' from the flag in AL?? (that's pretty tight)

Apparently.
I'd thought it was 150' for both boats and divers, but it looks like either I was mistaken or the law has been re-written.
I will research it and report.
Rick

 

[dumpsterDiver]

I don't see Florida initiating a boating operator course requirement. The marine industry is hurting right now and this would not be good for it. Additionally, we have probably at least 10,000 illegal aliens (without valid DL) driving vehicles in this state. There is very little enforcement effort directed at addressing this issue. These drivers represent a much bigger danger to the residents of Florida than reckless boaters present to the relatively few Floridians who dive.

 

[Rambo13]

If I drive a car...I need a License, If I want to jump from an air plane...I need a license, If I want to Scuba Dive....I need a License, But buy a boat and I am Captain. And we wonder why this type of horrible accident happens again and again. In CA too often than not a sail boat or jet ski will use our float & flag just to see how close they can get, most have NO clue what it means and others just don't care. Thoughts and Prayers to Rob Murphy and family. And may this boat owner be made an example of.

 

[stone2122]

Any news on potential charges for boat driver?

 

[Splitlip]

Interestlngly enough I was speaking to a boat Captain at the Miami show last week who is familiar with the boat which hit Rob.
He said yes, spinning a hub would cause the boat to veer, but not so much that it would be on top of the divers if the 300 ft distance was being maintained.
Even then, as you said, steer away or chop the throttles.

Does anyone believe that a spun prop would cause a boat to radically alter course? I've driven twin engine boats when one engine completely cuts out and do not recall this occuring? Additionally, one would expect that IF a boat suddenly and spontaneously changed course without any input from the operator, that the immediate and instinctive reaction would be to slam the throttles back to neutral. That didn't occur either from what I've been told.

Isn't it much, much more likley that the prop was damaged by contact with the tank which exhibits significant prop marks?

 

[grouchyturtle]

So here are some tidbits I've found regarding Florida laws to stop and render aid:

After the CrashFlorida law requires that you must immediately stop your vehicle at the scene of the crash, or as close thereto as possible, without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. You must remain at the scene of the crash until you provide the proper information to others involved and law enforcement.

Rendering Aid to OthersFlorida law requires you to render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

Those are laws for auto accidents, though. The rules on the water are different.

That being said, you always have these 3 gems.

2302 Penalties for negligent operations

• A person operating a vessel in a negligent manner that endangers the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $1,000.
• A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person shall be fined not more than $5,000, imprisoned for not more than one year, or both.
• An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation-
  • is liable to the United States Government for a civil penalty of not more than $1,000 for a first violation and not more than $5,000 for a subsequent violation; or
  • commits a class A misdemeanor.

2303 Duties related to marine casualty assistance and information

• The master or individual in charge of a vessel involved in a marine casualty shall-
• An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine.
• An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.
  • render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or to individuals on board; and
  • give the master's or individual's name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged.

2304 Duty to provide assistance at sea

• A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board.
• A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.

In short, he was required to help, and legal action can't be taken against him for damages caused as a result of his assistance.

Also, regardless of Florida law and/or how they actually enforce those laws, these are US laws, enforced by the USCG, I believe even enforceable if the incident happened in another country (obviously assuming it was US citizens/US owned vessel(s) involved.)

 

[grouchyturtle]

most have NO clue what it means and others just don't care.

That pretty much sums up the whole problem.

Many states do require licenses, but...

1. Boaters over a certain age are usually grandfathered in
2. The class is a joke, and the exam is ridiculously easy
3. A lot of people really don't seem to take the class seriously, and look at it simply as a PITA that's required in order to operate a boat

When I took the class in NJ last spring the instructor just kind of skimmed over the dive flag part, and I don't even think it was a question on the exam. This isn't just an issue with the state of Florida, or a dive flag issue.

The problem is the requirements are too easy, and the laws aren't enforced enough. Just look at how many people speed through no wake zones or come too close to other vessels...sometimes at high speeds. You can't blame that on not knowing. That's just a lack of common sense or caring. There are a lot of immature, irresponsible, and often drunk people behind the wheel of a boat.

 

[I Dive]

Why is everything on the road, nearly including sneezing, regulated, monitored, and enforced but yet the water remains basically the Wild West?

 

[deepstops]

Interestlngly enough I was speaking to a boat Captain at the Miami show last week who is familiar with the boat which hit Rob.
He said yes, spinning a hub would cause the boat to veer, but not so much that it would be on top of the divers if the 300 ft distance was being maintained.
Even then, as you said, steer away or chop the throttles.

Unless you weren't expecting it and were thrown away from the helm station when the boat veered off course. 35 knots = (64'/second)

 

[dumpsterDiver]

Unless you weren't expecting it and were thrown away from the helm station when the boat veered off course. 35 knots = (64'/second)

Can anyone prove that invisible aliens didn't land on his deck and momentarily seize control of the vessel?