dive4funOften
Guest
Apparently Gary has forgot where his bread is coming from. Forget which side the butter is on!
Glad you are ok Mike!
Glad you are ok Mike!
Run over by a local diveboat: Scubatyme
- Thread starter MikeJacobs
- Start date
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I have heard of this happening by drift fishing boats, you would think another DIVER would not do this! There are divers out there who would have "signaled" him with a aerial flare.
Boatlawyer
Contributor
Florida Statute for your edification:
The 2004 Florida Statutes
Title XXIV
VESSELS Chapter 327
VESSEL SAFETY View Entire Chapter
327.331 Divers; definitions; divers-down flag required; obstruction to navigation of certain waters; penalty.--
(1) As used in this section:
(a) "Diver" means any person who is wholly or partially submerged in the waters of the state and is equipped with a face mask and snorkel or underwater breathing apparatus.
(b) "Underwater breathing apparatus" means any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without returning to the surface of the water.
(c) "Divers-down flag" means a flag that meets the following specifications:
1. The flag must be square or rectangular. If rectangular, the length must not be less than the height, or more than 25 percent longer than the height. The flag must have a wire or other stiffener to hold it fully unfurled and extended in the absence of a wind or breeze.
2. The flag must be red with a white diagonal stripe that begins at the top staff-side of the flag and extends diagonally to the lower opposite corner. The width of the stripe must be 25 percent of the height of the flag.
3. The minimum size for any divers-down flag displayed on a buoy or float towed by the diver is 12 inches by 12 inches. The minimum size for any divers-down flag displayed from a vessel or structure is 20 inches by 24 inches.
4. Any divers-down flag displayed from a vessel must be displayed from the highest point of the vessel or such other location which provides that the visibility of the divers-down flag is not obstructed in any direction.
(2) All divers must prominently display a divers-down flag in the area in which the diving occurs, other than when diving in an area customarily used for swimming only.
(3) No diver or group of divers shall display one or more divers-down flags on a river, inlet, or navigation channel, except in case of emergency, in a manner which shall unreasonably constitute a navigational hazard.
(4) Divers shall make reasonable efforts to stay within 100 feet of the divers-down flag on rivers, inlets, and navigation channels. Any person operating a vessel on a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 100 feet from any divers-down flag.
(5) Divers must make reasonable efforts to stay within 300 feet of the divers-down flag on all waters other than rivers, inlets, and navigation channels. Any person operating a vessel on waters other than a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 300 feet from any divers-down flag.
(6) Any vessel other than a law enforcement or rescue vessel that approaches within 100 feet of a divers-down flag on a river, inlet, or navigation channel, or within 300 feet of a divers-down flag on waters other than a river, inlet, or navigation channel, must proceed no faster than is necessary to maintain headway and steerageway.
(7) The divers-down flag must be lowered once all divers are aboard or ashore. No person may operate any vessel displaying a divers-down flag unless the vessel has one or more divers in the water.
(8) Except as provided in s. 327.33, any violation of this section shall be a noncriminal infraction punishable as provided in s. 327.73.
History.--ss. 1, 2, 3, ch. 74-344; s. 64, ch. 74-383; s. 1, ch. 77-174; s. 1, ch. 86-35; ss. 7, 8, ch. 2000-362.
Note.--Former s. 861.065.
The 2004 Florida Statutes
Title XXIV
VESSELS Chapter 327
VESSEL SAFETY View Entire Chapter
327.331 Divers; definitions; divers-down flag required; obstruction to navigation of certain waters; penalty.--
(1) As used in this section:
(a) "Diver" means any person who is wholly or partially submerged in the waters of the state and is equipped with a face mask and snorkel or underwater breathing apparatus.
(b) "Underwater breathing apparatus" means any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without returning to the surface of the water.
(c) "Divers-down flag" means a flag that meets the following specifications:
1. The flag must be square or rectangular. If rectangular, the length must not be less than the height, or more than 25 percent longer than the height. The flag must have a wire or other stiffener to hold it fully unfurled and extended in the absence of a wind or breeze.
2. The flag must be red with a white diagonal stripe that begins at the top staff-side of the flag and extends diagonally to the lower opposite corner. The width of the stripe must be 25 percent of the height of the flag.
3. The minimum size for any divers-down flag displayed on a buoy or float towed by the diver is 12 inches by 12 inches. The minimum size for any divers-down flag displayed from a vessel or structure is 20 inches by 24 inches.
4. Any divers-down flag displayed from a vessel must be displayed from the highest point of the vessel or such other location which provides that the visibility of the divers-down flag is not obstructed in any direction.
(2) All divers must prominently display a divers-down flag in the area in which the diving occurs, other than when diving in an area customarily used for swimming only.
(3) No diver or group of divers shall display one or more divers-down flags on a river, inlet, or navigation channel, except in case of emergency, in a manner which shall unreasonably constitute a navigational hazard.
(4) Divers shall make reasonable efforts to stay within 100 feet of the divers-down flag on rivers, inlets, and navigation channels. Any person operating a vessel on a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 100 feet from any divers-down flag.
(5) Divers must make reasonable efforts to stay within 300 feet of the divers-down flag on all waters other than rivers, inlets, and navigation channels. Any person operating a vessel on waters other than a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 300 feet from any divers-down flag.
(6) Any vessel other than a law enforcement or rescue vessel that approaches within 100 feet of a divers-down flag on a river, inlet, or navigation channel, or within 300 feet of a divers-down flag on waters other than a river, inlet, or navigation channel, must proceed no faster than is necessary to maintain headway and steerageway.
(7) The divers-down flag must be lowered once all divers are aboard or ashore. No person may operate any vessel displaying a divers-down flag unless the vessel has one or more divers in the water.
(8) Except as provided in s. 327.33, any violation of this section shall be a noncriminal infraction punishable as provided in s. 327.73.
History.--ss. 1, 2, 3, ch. 74-344; s. 64, ch. 74-383; s. 1, ch. 77-174; s. 1, ch. 86-35; ss. 7, 8, ch. 2000-362.
Note.--Former s. 861.065.
Some other thoughts:
1. I love the media...nasty, but in certain instances where the operator is a total menace (such as having their compressor located in a parking lot and filling tanks with cars idling less than 3 feet away) some times a call to the 'ol town gazette is in order.
2. Post up (at every local site) Divers iNjured at location, run over by X boat" any witnesses, please call...yada yada...this will definately warn new divers.
3. Post the owner this website address, with direct links to your post
4. Phone their insurance company, asking how much they are insured for, and "let slip" the details.
5. write their member organization (although this is as useless as fishing for cats) but will still result in an annoying QA
I have more....but unfortunately none that would be classified as "professional"...
Opiniongirl - the instructor who inhaled compressed diesel exhaust 4 nights a week and 4 times a weekend for over a year, due to a complete jerk DM store owner and now has neurological problems
1. I love the media...nasty, but in certain instances where the operator is a total menace (such as having their compressor located in a parking lot and filling tanks with cars idling less than 3 feet away) some times a call to the 'ol town gazette is in order.
2. Post up (at every local site) Divers iNjured at location, run over by X boat" any witnesses, please call...yada yada...this will definately warn new divers.
3. Post the owner this website address, with direct links to your post
4. Phone their insurance company, asking how much they are insured for, and "let slip" the details.
5. write their member organization (although this is as useless as fishing for cats) but will still result in an annoying QA
I have more....but unfortunately none that would be classified as "professional"...
Opiniongirl - the instructor who inhaled compressed diesel exhaust 4 nights a week and 4 times a weekend for over a year, due to a complete jerk DM store owner and now has neurological problems
DennisS
Contributor
The dive flag regulations are kind of one sided, lots of requirements for the diver and little for the non diving boater ie. try to stay clear but if you must pass close, go slow. Sounds good in theory but a slow idling boat is a quiet boat. I just wish they would steer clear of the dive flags.
Diver-
"Where did he come from??????"
Boater-
Diver-
"Where did he come from??????"
Boater-
JRScuba
Contributor
Hi Mike, Glad to hear ( read ) that you and Joe are ok. That is the important thing.
Yes, your right on target with your assessment of Gary. When I took my O/W class, one of the things I learned was Gary's lack of safety. Somethings never change.Having read the thread from Boatlawyer and your final thread about the near death incident, it just does not make any sense to me. The 300 foot distance was just increased from 100 ft not to long ago. To whom does it apply to? It sounds like Gary would have to run over you before any laws were actually broken.
As I said the important thing is that you and Joe are okay. That is a good thing.
Dive Safe
Joe
Yes, your right on target with your assessment of Gary. When I took my O/W class, one of the things I learned was Gary's lack of safety. Somethings never change.Having read the thread from Boatlawyer and your final thread about the near death incident, it just does not make any sense to me. The 300 foot distance was just increased from 100 ft not to long ago. To whom does it apply to? It sounds like Gary would have to run over you before any laws were actually broken.
As I said the important thing is that you and Joe are okay. That is a good thing.
Dive Safe
Joe
skyking
Contributor
Forget the dive flag - hoist a banner that says "DANGER - ACTIVE MINEFIELD". Glad to hear you guys are OK. That operation is now on my "Never" list, and I hope others will also take heed.
Boatlawyer
Contributor
The problem is in the totally lame wording of the statute, in that the limits are to be "reasonably" maintained by both boater and diver.
This means that when a diver reports an operator, as opposed to a marine patrol officer observing the action, proof of any violation would be a swearing match between the diver and boater, as to whether the actions complained of were "reasonable," a term which is open to broad interpretation. Sadly, the only time this is really "worth" pursuing is when someone gets hurt.
This means that when a diver reports an operator, as opposed to a marine patrol officer observing the action, proof of any violation would be a swearing match between the diver and boater, as to whether the actions complained of were "reasonable," a term which is open to broad interpretation. Sadly, the only time this is really "worth" pursuing is when someone gets hurt.
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Mines! We need mines! :11: Do we have to have a permit or license?skyking:
fmw625
Guest
I'll go along with Don.
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