Florida: Sailboat nearly runs over divers

[Dave1981]

'FWC says Florida law states boaters must stay within 100 feet of a diving flag in a channel'

Forgiving the typo in the article, and not being familiar with the local laws I would suggest that it has been misinterpreted. I don't believe it could be allowed practice for any diver to close a channel, at any time just from deciding to dive there?

I would guess there must be a be caveat such as:

A dive flag must not encroach within 100' of a channel.

It's clear from the video that on entrance to the channel that from the boat the starboard side flag would be hidden by the bridge, and no one should reasonably expect such a channel to be closed be two small flags at the exit.

Of all the rules nothing supersedes good seamanship. The options from the start of the video were to shut down, drift into the bridge and try to tie off with minimal damage, or proceed with caution. A motor boat could just back out and there would be no issue.

I'm not saying the boat was without fault, far from it but there is at least equal blame in this situation.

 

[Straegen]

'FWC says Florida law states boaters must stay within 100 feet of a diving flag in a channel'

Forgiving the typo in the article, and not being familiar with the local laws I would suggest that it has been misinterpreted. I don't believe it could be allowed practice for any diver to close a channel, at any time just from deciding to dive there?

I would guess there must be a be caveat such as:

A dive flag must not encroach within 100' of a channel.

This is NOT a marked navigation channel so it falls under open water and shared space rules. A boat has no more right to a space in the ocean than a diver, fisherman, etc. Usage is a first come first serve basis. Just because something is bigger doesn't give it the right of way and I think that is what is getting lost here. Had a fisherman been there first and a diver moved under his boat with some injury resulting the diver would be at fault so that door swings both ways. Ultimately when two operators come together in open water they both must do their best to avoid collision. The divers were doing their part with proper dive flags and moving when they saw the boat. The boater by most accounts barreled through knowing there were divers in the water which puts him squarely in the wrong. A primary rule of boating that super-cedes most other rules and laws is to operate a vessel in a way that does not cause harm to another person or property.

I'm not saying the boat was without fault, far from it but there is at least equal blame in this situation.

I think you are completely wrong here. Had the divers been in the navigation channel not "navigating" and this happened then yes, but in this case they were in shared space and any boat should have gone around if possible. If it wasn't possible and ONLY if it wasn't possible, the boat should have idled through. The boater in this case appears to have failed on both accounts.

 

[DandyDon]

A motor boat could just back out and there would be no issue.

He was under motor power wasn't he? What am I missing? I've never piloted one of those so tell me...??

 

[ul412al]

I'm a diver and a sailor. Sailboats have reverse too. When the options are 1. Reverse and possibly ding the gelcoat or 2. Possibly kill somebody, I would opt for #1. Anybody that wouldn't completely total their boat trying to avoid killing somebody shouldn't be allowed to operate a boat.

 

[Dave1981]

He was under motor power wasn't he? What am I missing? I've never piloted one of those so tell me...??

The best way to describe it would be to compare it to a single outboard dingy if you've driven one? You'll notice that going astern one and steering one direction the boat will turn on it's own length, the other direction and the boat has a large turning circle, a bit of wind on the beam and you only manage to go diagonally backwards.

On a sail boat this is magnified, you have a small streamlined rudder and they're not much use at low speed. So from the time it takes for the boat to go from minimal manoeuvring speed ahead, to minimum usable speed astern you have that same twisting thrust acting as an imaginary rudder and spinning the boat around. Add to this that even without the sails up the boat has a distinct wish to turn head into the wind and can easily leave you out of control. It'll turn you 90º in a few seconds, and once you've started you're just along for the ride.

If you'd like to see this first hand then just go down to a marina on a day when the wind has picked up and you can watch the new crews frantically fending off trying to get into their slips.

 

[DandyDon]

Ok thanks Dave, but I like this reply better. If the pilot cannot reverse, then he shouldn't be in there.

I'm a diver and a sailor. Sailboats have reverse too. When the options are 1. Reverse and possibly ding the gelcoat or 2. Possibly kill somebody, I would opt for #1. Anybody that wouldn't completely total their boat trying to avoid killing somebody shouldn't be allowed to operate a boat.

 

[Dave1981]

Ok thanks Dave, but I like this reply better. If the pilot cannot reverse, then he shouldn't be in there.

I don't disagree in the slightest, if it means someones life then full astern and straight into the bridge every single time.

The thing that kind of irked me was how it's automatically the boat's fault since there was two small flags on show, one of which was hidden from the entrance. A simple caution at the entrance of that channel to watch for dive flags as it's a regular dive spot and/or taking simple caution not to surface in a regularly used channel would have made that much less of an issue.

It's kind of like a mild version of sitting on the road round a blind corner, having a car barely miss you and then go nuts at the car driver as you were wearing a reflective vest.

 

[MXGratefulDiver]

In my younger years I spent a lot of time on sailboats. They aren't really built to back up ... they usually have very small motors ... sometimes have folding props (the "split fins" of the boating world), and if there was any wind or current at all they could easily have been overpowered in reverse. Not knowing the specifics, it's difficult to say whether or not backing out was an option. It's quite possible that attempting it would've just sent them into the bridge stanchion ...

... Bob (Grateful Diver)

 

[Splitlip]

Divers-Down Flag Law

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.

1(8) Any willful violation of this section shall be a misdemeanor of the second degree punishable as provided by s. 775.082 or s. 775.083.

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.

1Note.--Section 8, ch. 2000-362, amended subsection (8), effective October 1, 2001, to read:

(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.

Note.--Former s. 861.065.

 

[Straegen]

The thing that kind of irked me was how it's automatically the boat's fault since there was two small flags on show, one of which was hidden from the entrance. A simple caution at the entrance of that channel to watch for dive flags as it's a regular dive spot and/or taking simple caution not to surface in a regularly used channel would have made that much less of an issue.

The story so far from the dive boat who captured the video which I admit is one-sided but the only one we have so far is that the guy was warned before he committed to that channel divers were likely there. Once in the channel he ignored requests to cut engines and was not idling after being told divers were there and some even on the surface.

There were at least four flags up, one group on the surface and he was repeatedly warn to not take that path and once in it to idle those engines until divers could leave the area. He ignored it all and kept going... in no way can that be justified to me.