Hit & Run on Scallop diver - Florida

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*The loophole is that the dive flag used didn’t officially meet the legal requirements. Effectively, it was highly visible and was even shown on USCG video before the incident. The flag was significantly larger than required. IIRC, it was something like 3’x5’. It lacked a stiffener, though. Effectively, it was way more visible than legally required, but didn’t meet the letter of the law.
Ouch. Sounds like they missed one thing and that sucks. My personal flag is 20" X 24" and I used a wooden dowel to replace the cheap wire stiffener. The one thing the state of Florida doesn't specify for the diver towed flag is a height of the staff it is attached to. I made my own float using 1/2" pvc pipe for the staff and made it 31" tall above the top of the float. So if a boater misses my flag there can only be 3 real reasons, the seas are really rough (I usually don't dive in more than 3 1/2' seas), they didn't see it because they aren't watching where the hell they are going, or they just plain ignored it. The thing is as has been said here before, there are boaters who don't really know what it means nor do they know the laws regarding the distances they are required to keep. I am putting the rules for flags below just so people can see them.
(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.
Look, this is Florida. Its hard to drive a boat when you re coming off meth.
Hey not all of us here do that, but more likely drunk on beer.
 
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