Sailboat Runs over DiveFlags at BHB

[Herb-alaska]

(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.

100 feet does not mean a boater is free to run over people in the water!!

I would agree with you if the divers did not have ample time to avoid the entire issue by
A swimming to the bridge support
b. Dropping to the bottom

A sailboat once he starts that channel he is committed He can not turn around and backing up is worse because most sailboats have vary little directional control in reverse.

All of this has been talked about in the first 2 pages of the thread so we aren't gaining anything.

Personally education is better than a hammer of a criminal prosecution in a situation where it does not appear to have been done with malice or intent to harm.

 

[Dive California]

Great video....I wonder if anything would have happen to the captain without it?

 

[jimw]

I would agree with you if the divers did not have ample time to avoid the entire issue by
A swimming to the bridge support
b. Dropping to the bottom

A sailboat once he starts that channel he is committed He can not turn around and backing up is worse because most sailboats have vary little directional control in reverse.

All of this has been talked about in the first 2 pages of the thread so we aren't gaining anything.

Personally education is better than a hammer of a criminal prosecution in a situation where it does not appear to have been done with malice or intent to harm.

It has been covered earlier but not understood by many. Is it OK to run over divers just because there was no "malice or intent to harm"?? At what point in that 100 ft circle where the boat must be at idle is it OK to hit divers in the water? Tides there are around 3 ft, so the boater would have had 3 more feet of bridge/mast clearance to work with at low tide in the marked channel. The boat should have gone thru there a couple of hours or more earlier or later so that it would have both more clearance and no divers as the time to dive is high slack tide.

 

[danvolker]

I would agree with you if the divers did not have ample time to avoid the entire issue by
A swimming to the bridge support
b. Dropping to the bottom

A sailboat once he starts that channel he is committed He can not turn around and backing up is worse because most sailboats have vary little directional control in reverse.

All of this has been talked about in the first 2 pages of the thread so we aren't gaining anything.

Personally education is better than a hammer of a criminal prosecution in a situation where it does not appear to have been done with malice or intent to harm.

Actually, it seems to have been done with a flagrant disregard for the safety of the divers....more likely this captain thought that HE was so important, that he should not have to wait for divers to get out of the way...and so he did not bother with trying to get them out of the channel before running through it....A boat headed into the under-bridge crossing, CAN see if the way is clear of divers prior to committing themselves...this captain could easily have reversed on seeing the divers--which he would have, but chose to ignore their rights not to be driven over.
This captain was so sure that he was so much more important than the divers and their lives, that he even decided to fight this in court---he appeared to be certain that his importance so overwhelmed the divers, that he assumed the court would just ignore the transgression and consider it a non-issue. He was wrong. This is NOT about all boaters and threat to boaters rights....I think this is about a man who was and is so self indulgent, that he might at any time run over a pedestrian or cyclist in his way if driving a car--just because they should know better than to be in his way...
Very few boaters should feel anything in common with this guy. In other words, this case will only be felt by a very small number of sociopathic boaters.

 

[OldNSalty]

Actually, it seems to have been done with a flagrant disregard for the safety of the divers....more likely this captain thought that HE was so important, that he should not have to wait for divers to get out of the way...and so he did not bother with trying to get them out of the channel before running through it....A boat headed into the under-bridge crossing, CAN see if the way is clear of divers prior to committing themselves...this captain could easily have reversed on seeing the divers--which he would have, but chose to ignore their rights not to be driven over.
This captain was so sure that he was so much more important than the divers and their lives, that he even decided to fight this in court---he appeared to be certain that his importance so overwhelmed the divers, that he assumed the court would just ignore the transgression and consider it a non-issue. He was wrong. This is NOT about all boaters and threat to boaters rights....I think this is about a man who was and is so self indulgent, that he might at any time run over a pedestrian or cyclist in his way if driving a car--just because they should know better than to be in his way...
Very few boaters should feel anything in common with this guy. In other words, this case will only be felt by a very small number of sociopathic boaters.

Well said. I equate it to me and cyclist. I don't know why they have to ride in packs and impede traffic but regardless, I don't have a right to endanger them in operating my car.

 

[Hetland]

First let me say that I've just about had to forcibly board vessels in open water motoring over divers, and about to drop anchors over bubbles. I have no love for inconsiderate boaters, especially out in the open Atlantic or Gulf, where there are literally thousands of places for you to wet your hook.

This isn't such an incident. You guys comparing the operation of a sailboat of this size to any other vehicle (powerboats under 30ft, cars, semi-trucks, anything short of a dirigible) have never operated a large sailboat. It doesn't steer or respond in any way like these other vehicles. You are at best, comparing apples to oranges.... actually more like watermelons to water chestnuts. Once committed to the channel (probably before the video started) he pretty much had to do exactly what he did.

Second, what kind of diver thinks it's okay to to stay on the surface at that particular location? Even for a few seconds? When I dive the BHB, my !@#$ is glued to the bottom, and I'm not near the surface unless I'm entering, leaving, or having an emergency. That spot is probably the very worst spot you can be at the surface. The boater made a poor choice in timing and/or channel selection, but the divers made a grave error in deciding to be at the surface there in the first place.

I'll put on my nomex now, I know I'm about to be flamed by the masses who think this is an opportunity to root for the home team as opposed to thinking critically about an important incident and making things safer for separate groups forced to share the same resource.

 

[Shcubasteve]

First let me say that I've just about had to forcibly board vessels in open water motoring over divers, and about to drop anchors over bubbles. I have no love for inconsiderate boaters, especially out in the open Atlantic or Gulf, where there are literally thousands of places for you to wet your hook.

This isn't such an incident. You guys comparing the operation of a sailboat of this size to any other vehicle (powerboats under 30ft, cars, semi-trucks, anything short of a dirigible) have never operated a large sailboat. It doesn't steer or respond in any way like these other vehicles. You are at best, comparing apples to oranges.... actually more like watermelons to water chestnuts. Once committed to the channel (probably before the video started) he pretty much had to do exactly what he did.

Second, what kind of diver thinks it's okay to to stay on the surface at that particular location? Even for a few seconds? When I dive the BHB, my !@#$ is glued to the bottom, and I'm not near the surface unless I'm entering, leaving, or having an emergency. That spot is probably the very worst spot you can be at the surface. The boater made a poor choice in timing and/or channel selection, but the divers made a grave error in deciding to be at the surface there in the first place.

I'll put on my nomex now, I know I'm about to be flamed by the masses who think this is an opportunity to root for the home team as opposed to thinking critically about an important incident and making things safer for separate groups forced to share the same resource.

Something you cannot appreciate from the short video clip is how far away from the bridge the sailboat was wartned about divers in the water, about 300 YARDS+ north of the bridge. The sailboat was driving INTO the wind and the current was inbound also- he had plenty of time to alter course and was found guilty because of it. End of story

 

[Hetland]

Who warned him and how? Did he admit to hearing the warning? I can't hear a person on another boat that's 40ft away.

He'll win if he appeals.

 

[OldNSalty]

First let me say that I've just about had to forcibly board vessels in open water motoring over divers, and about to drop anchors over bubbles. I have no love for inconsiderate boaters, especially out in the open Atlantic or Gulf, where there are literally thousands of places for you to wet your hook.

This isn't such an incident. You guys comparing the operation of a sailboat of this size to any other vehicle (powerboats under 30ft, cars, semi-trucks, anything short of a dirigible) have never operated a large sailboat. It doesn't steer or respond in any way like these other vehicles. You are at best, comparing apples to oranges.... actually more like watermelons to water chestnuts. Once committed to the channel (probably before the video started) he pretty much had to do exactly what he did.

Second, what kind of diver thinks it's okay to to stay on the surface at that particular location? Even for a few seconds? When I dive the BHB, my !@#$ is glued to the bottom, and I'm not near the surface unless I'm entering, leaving, or having an emergency. That spot is probably the very worst spot you can be at the surface. The boater made a poor choice in timing and/or channel selection, but the divers made a grave error in deciding to be at the surface there in the first place.

I'll put on my nomex now, I know I'm about to be flamed by the masses who think this is an opportunity to root for the home team as opposed to thinking critically about an important incident and making things safer for separate groups forced to share the same resource.

With such a large boat he should not have committed himself to the channel then. Either he failed to see the dive flag, or ignored it, or, if the law allows it to be so small that a large vessel can not see it in time then the rules regarding dive flags need to be changed.

Which is it?

 

[danvolker]

With such a large boat he should not have committed himself to the channel then. Either he failed to see the dive flag, or ignored it, or, if the law allows it to be so small that a large vessel can not see it in time then the rules regarding dive flags need to be changed.

Which is it?

It is not that large a sailboat.
And apparently this guy has not learned anything. He still thinks divers in his way, are not as important as he is.