I spent the day in the car so was able to chat with a number of Coast Guard and BSO professionals while on the road. I also received an apology from Gary, Scubatyme's owner and driver that fateful day.
For reference, this occurred in Lauderdale by the Sea, Florida, about 2,000 yards or so off Angler's Pier (Commercial Boulevard).
I haven't read the law myself (seriously thanks, though, Collin - I'll get to those links) but a CG investigator was kind enough to walk me through the issues and then an investigator with the BSO marine unit helped complete the picture.
Here's the deal - unless somebody gets hurt or there's damage, this comes under BSO's juristiction. The Florida statute is 327.337 paragraph 4. BSO explained to me that it's not exactly AGAINST THE LAW for a boat to come to within 100' of a diver-down flag. In the event that it was a high-speed approach and seriously dangerous, at the most it would be a mere infraction and an officer would have to WITNESS it.
Gary may be an abrasive jerk (I'm sure even those who know him well would not dispute that a reasonable observer could form this opinion) but I would never say that he's a bad boat driver. He may not respect divers, but he sure has shuttled a great number of us back and forth for some time through these waters. So, it can be argued that a driver with Gary's experience could have approached us closely with the ability to gun the engines before crushing our dive platform.
In fact, his apology implied just that - that I seemed to have the situation under control so he did not regard it as a problem. His apology was consistent with what happened, and the picture is complete in my mind.
So, was his approach unsafe? I felt rushed and didn't get a chance to go through my equipment check with Joe, so I'd say yes without a doubt. I was not "in control" but rather proceeded to focus on survival without wasting time in a shouting match. Nobody got hurt, no equipment was damaged, and my ego isn't even bruised. I thought he had broken a law, but apparently he hasn't and was operating within what we have to assume he considered a "safe tolerance." He'd be the ultimate judge of that, apparently, according to the law.
Do I have to ever dive with Scubatyme again? Do I need to avoid recommending divers (particularly new divers) stay away from him?
In my judgement his disrespect for divers - rushing new divers off the boat and distracting them while they are preparing to enter the water - and his approach of our dive platform suggests that he is less safe than I am comfortable recommending.
So, I'll be warning others "anybody but Scubatyme" when they ask and won't be shy about what I've seen and experienced. He shuttles a lot of instructors, and I would hope that they might consider trying different operators unless somebody other than Gary is driving.
That's my opinion and I'm stickin' to it! All is well that ends well, and I hope we all learned something from this experience - WATCH OUT ABOVE!!
Any other opinions or perspectives would be appreciated...