West Palm Diver "run over" by boat?

[Bill51]

Let me start by saying Im a boater, a fisher, and a diver, I never took a boater safety class but, I know what a dive flag is and I stay clear of them, that said, I do wish there was a law that stated before you can boat you must take the safety class, people out there a f@#*ing stuped......

My more capitalist solution is to only buy my marine insurance from companies that require policyholders to have completed some boater safety course or offer a substantial discount for the course. I figure the more prosperous they are the more other underwriters will be to require the same, and then we get more boaters than just the under 16 year olds taking courses.

Having spent years diving in a heavy hood, I try to pull the hood aside when I get to about 10’ so I have a better chance of hearing any boats in the area.

 

[Orlando Eric]

WP needs a petition from divers about heavy handed tactics and to point out that even the police need probable cause

Actually PC is not needed to do a Terry Stop (see Terry VS Ohio). That is a whole other topic though.

Pulling on a dive flag to get the tank bearer up there to see if they have illegal lobster is VERY bad public relations IMHO.

Now... if FWC/ Marine Patrol / Coast Guard is wanting to check out the local divers on a spot check basis.... I would be willing to don gear and ride around half a day popping in the water and swiming over to see what is going on. The other half they should drop me on two sights of my choosing as payment for services rendered.

Actually that is a seriously good idea. They need a patrol swimmer to have snorkel gear on. These shore divers ar in under 25' depths. Run the boat to idle and stay a reasonable distance. Swimmer goes in.. swims over.. free dives down looks around. Shoots you an OKAY and a smile to you... or a .. Thumbs Up.. NOW!....then either back to the boat to the next diver or to get out that ticket book. That would be how I'd reccomend patrol to them.. but what do I know...

 

[baitedstorm]

Thanks for the input Eric, I was pretty sure no PC was ever needed to board a vessel, check a diver and things of such nature and was hoping you'd throw your expertise in the mix.

If you can get that deal going I'd volunteer too..... hehehehe

 

[DennisS]

Let me start by saying Im a boater, a fisher, and a diver, I never took a boater safety class but, I know what a dive flag is and I stay clear of them, that said, I do wish there was a law that stated before you can boat you must take the safety class, people out there a f@#*ing stuped......
Both my wife and I dive and we went to the keys 3 weeks ago, on one dive I was ascending and stoped at 10' and thought I heard a boat but I could not see it, talk about a panic attack...... I was scared...... when I did surface mins latter there was no boat but, it made me think... (I surfaced 25yards for the boat we dove off).

According to the law you don't have to stay clear of the flag, just approach quietly and slowly.

(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

 

[diver doh]

According to the law you don't have to stay clear of the flag, just approach quietly and slowly.

(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

If you read that the way that I do, that pic that Colin has of the Marine Patrol basically over running a dive flag was totally legal

Makes ya wonder.. realy wonder.. about the mental aptitude of our elected lawmakers!

Hey Eric, u gonna carry the Glock in a baggie?


Jeff

 

[Trish The Fish]

Eric,
This is the best solution I've heard for the problem.
Trish the Fish

Actually PC is not needed to do a Terry Stop (see Terry VS Ohio). That is a whole other topic though.

Pulling on a dive flag to get the tank bearer up there to see if they have illegal lobster is VERY bad public relations IMHO.

Now... if FWC/ Marine Patrol / Coast Guard is wanting to check out the local divers on a spot check basis.... I would be willing to don gear and ride around half a day popping in the water and swiming over to see what is going on. The other half they should drop me on two sights of my choosing as payment for services rendered.

Actually that is a seriously good idea. They need a patrol swimmer to have snorkel gear on. These shore divers ar in under 25' depths. Run the boat to idle and stay a reasonable distance. Swimmer goes in.. swims over.. free dives down looks around. Shoots you an OKAY and a smile to you... or a .. Thumbs Up.. NOW!....then either back to the boat to the next diver or to get out that ticket book. That would be how I'd reccomend patrol to them.. but what do I know...

 

[Sue-ba]

My more capitalist solution is to only buy my marine insurance from companies that require policyholders to have completed some boater safety course or offer a substantial discount for the course. I figure the more prosperous they are the more other underwriters will be to require the same, and then we get more boaters than just the under 16 year olds taking courses.

Having spent years diving in a heavy hood, I try to pull the hood aside when I get to about 10’ so I have a better chance of hearing any boats in the area.

I think that is a good place to start. Also, it would only take one diver that has been pulled up to sue. Especially if that diver actually ended up bent. That would re-write policy fast.

 

[CBulla]

i can just picture an underwater arrest... being frisked, cuffed... led back to a safety stop then to the boat and to the beach for booking. If they resist, have a signal to cast net the offender. The dive officer is wearing his/her badge on the shoulder webbing and has a blue strobe on their tank valve.

(This is purely a fictional scenerio.. if this was Ft Lauderdale you'd have an anchor dropped on you, then your body would be pulled from the water with the anchor and dive flag line at a rapid rate of speed, and if you were still alive you'd be arrested and sentanced to 6 months in jail and a $5000 fine after being tied to the front of a city bus for public humiliation.)

"OK mister, swim over to the side of the reef... do you know you are pulling shorts in a no short zone?? Let me see your fishing license tail measuring tool.. and stop playing with your tickle stick! OK.. let me see your tail.. NO, the LOBSTER tail. OK, well its a good thing this crustation is still alive.. the measuring is done from here to here,not from roughly here to there.. I'm writing a citation for harassment of sea life......"​

Anyway...

Actually PC is not needed to do a Terry Stop (see Terry VS Ohio). That is a whole other topic though.

Pulling on a dive flag to get the tank bearer up there to see if they have illegal lobster is VERY bad public relations IMHO.

Now... if FWC/ Marine Patrol / Coast Guard is wanting to check out the local divers on a spot check basis.... I would be willing to don gear and ride around half a day popping in the water and swiming over to see what is going on. The other half they should drop me on two sights of my choosing as payment for services rendered.

Actually that is a seriously good idea. They need a patrol swimmer to have snorkel gear on. These shore divers ar in under 25' depths. Run the boat to idle and stay a reasonable distance. Swimmer goes in.. swims over.. free dives down looks around. Shoots you an OKAY and a smile to you... or a .. Thumbs Up.. NOW!....then either back to the boat to the next diver or to get out that ticket book. That would be how I'd reccomend patrol to them.. but what do I know...

 

[adurso]

Law enforcement officers of the Florida Fish and Wildlife Conservation Commission, Sheriff’s deputies of the various counties, and any other authorized enforcement officer, shall have the authority to order the removal of vessels deemed to be an interference or hazard to public safety, enforce all boating safety laws, or cause any inspection to be made of all vessels in accordance to state law.

A law enforcement officer may stop any vessel for the purpose of checking for compliance with boating safety equipment requirements.

Florida state law provides statutory reason for boarding that negates the need for probable cause. When on board the plain view doctrine comes into play.

The law does not require public relation skills, but the department should...

[They need a patrol swimmer to have snorkel gear on. These shore divers ar in under 25' depths. Run the boat to idle and stay a reasonable distance. Swimmer goes in.. swims over.. free dives down looks around. Shoots you an OKAY and a smile to you... or a .. Thumbs Up.. NOW!....then either back to the boat to the next diver or to get out that ticket book. That would be how I'd reccomend patrol to them.. but what do I know...]
Why not make these suggestions? Contact politicians, sheriffs, chief of police offices and your state representatives. Depending on how far along the curve the agencies are you may be surprised as to the response.

Colin your scenario is hysterical, I spit coffee all over my keyboard....

 

[ReefGuy]

Colin, does wearing a banana hammock automatically qualify for "Harrassment of Sea Life"?