Sailboat Runs over DiveFlags at BHB

[wilderydude83]

Diving in a known channel doesn't seem like a great idea to me no matter how great the diving is. I can see why the dive community is pissed but I also the sail boaters' points of view as well.

 

[Straegen]

First come first serve ???????.... The boater has the right to navigate that channel. divers are protected by a law that says the boat does NOT have to avoid them, they are only required to proceed at idle speed. Once again, ignorance of the applicable laws. hope nobody runs over your frisbee.....

Yes I agree and that channel is not marked as a navigation channel unlike the one right next to it so it is essentially open water meaning boats do not have priority over divers, fishermen, kayaks, etc.

Vessel operators must make a reasonable effort to maintain a distance of at least 300 feet from divers-down flags on open waters and at least 100 feet from flags on rivers, inlets or navigation channels. Vessels approaching divers-down flags closer than 300 feet in open water and 100 feet in rivers, inlets and navigation channels must slow to idle speed.

According to the statements of the incident, he was told before he entered that unmarked channel about divers there and did NOT make a reasonable effort to maintain distance by going into the marked navigation channel. That second sentence while not as clear as it should be is basically stating that if the first clause cannot be met, then the second should be. That second clause does not give boaters a right to go over a dive flag whenever they want as long as they are idle. He knew about the flags and could make a course change to avoid them but didn't. IMO and only IMO he was in violation of the law, decency and common sense.

Had he hit someone and caused harm I think he could have easily found himself in hot water on that first clause. He could have also been hit with the federal navigation rule of Reckless and Careless Operation which in a nutshell states anyone that intentionally disregards the safety of another person or their property will be cited for reckless operation. That rule super-cedes the diver down law if I understand the federal navigation rules correctly.

This would be understandable if the boater didn't know divers were there, by the time he saw them couldn't change course and cut engines in which case you are correct he would have been in compliance with the law. However the story so far which admittedly is one sided, makes the boater look like an asshat who is more worried about his boat than other peoples safety.

 

[danvolker]

Diving in a known channel doesn't seem like a great idea to me no matter how great the diving is. I can see why the dive community is pissed but I also the sail boaters' points of view as well.

Robibler, this is NOT a "known" navigation channel....most likely, every diver out there during that incident, was absolutely certain no boats could be in that area.

I knew this was possible, as did Dumpster Diver and a "handful" of other regulars to the BHB. There has never been any signage or education attempt to inform divers that a big sailboat could legally run through the east area.

As to the sailboaters point of view, I would love to hear it...this captain had MANY options.....

1. he could have tried to get the attention of the divers prior to running through them--he chose not to
2. He could have waited until the tide went down a bit, and then run under the bridge in the main channel with everyone else....sailboats are NOT fast, time is not "of the essence", or you would be on a powerboat instead...
3. he could have run right through a large group of divers and flags, potentially fouling his prop on them..this is the option he chose, and apparently he was happy he did not damage his propeller--but could care less about the divers in his way.

 

[wilderydude83]

Robibler, this is NOT a "known" navigation channel....most likely, every diver out there during that incident, was absolutely certain no boats could be in that area.

I knew this was possible, as did Dumpster Diver and a "handful" of other regulars to the BHB. There has never been any signage or education attempt to inform divers that a big sailboat could legally run through the east area.

As to the sailboaters point of view, I would love to hear it...this captain had MANY options.....

1. he could have tried to get the attention of the divers prior to running through them--he chose not to
2. He could have waited until the tide went down a bit, and then run under the bridge in the main channel with everyone else....sailboats are NOT fast, time is not "of the essence", or you would be on a powerboat instead...
3. he could have run right through a large group of divers and flags, potentially fouling his prop on them..this is the option he chose, and apparently he was happy he did not damage his propeller--but could care less about the divers in his way.

Oh, i apologize. I thought I read somewhere on this forum that the east channel was a known sailboat passage because it allows larger boats cross safely under the bridge. They should definitely post a sign for the divers entering the water so they know the dangers. how often do sailboats use the passage?

 

[Orlando Eric]

Regardless of it being a marked channel it is obviously a strait.

 

[dumpsterDiver]

... There has never been any signage or education attempt to inform divers that a big sailboat could legally run through the east area.....]

Well I think this responsibility should fall upon the dive community. Of all the thousands of posts on this board, how many were devoted to educating divers about what is a legal passage for boats?

This was one of the main reasons why I thought that establishing a "dive park", or "marine preserve" or whatever the hell else the county was contemplating calling it made little sense, since it would imply that the area is appropriate and "safe' for diving, when the reality of the matter is that the potential for sailboat traffic makes it somewhat dangerous. I have raised this issue on SB before, but it seems to have fallen on deaf ears.

I am sure that with the video evidence, the identity of the vessel is not in doubt. Who wants to make a bet that no charges will be filled agaisnt the captain?

 

[danvolker]

Oh, i apologize. I thought I read somewhere on this forum that the east channel was a known sailboat passage because it allows larger boats cross safely under the bridge. They should definitely post a sign for the divers entering the water so they know the dangers. how often do sailboats use the passage?

I have seen it 2 times in 2 years.

 

[Straegen]

Regardless of it being a marked channel it is obviously a strait.

Boating around in Florida isn't like boating in many other places. Florida waters run very shallow in many parts and just because something looks like a channel it may not be. It isn't uncommon to have 4' depths in the middle of large bays. Boating lanes are marked very clearly for that reason. So when a boat goes through an unmarked channel they either know the place well (and likely know about the commonality of divers in such a place) or have little knowledge to what they are doing and probably shouldn't be boating without more training. Unfortunately pretty much any idiot can drive a boat in the US and IMO it shows with this incident.

 

[imwright1985]

The area the divers were in IS NOT a channel, It should be treated as open water. Meaning if you can avoid it to avoid approaching dive flags you should do it. If the boat was too big to pass in the channel then it was legally in the OK to pass in the "east channel" to me this is a matter of either Over reacting if the boat needed to use the "east channel" or a matter of wreckless endangerment since he did pass at Idle speed. but came close to dive flags Since height could be a factor the divers should try to execute caution, but boaters should also know their vessels and try operating them in a safe manner.

 

[Scott L]

That passage just east of the main channel under the bridge has been used by power boaters for decades during peak boating periods (weekends/holidays) as to avoid sometimes tremendous congestion and posiable collisions with other boats. It is counter-intuitive for many boat operators, epecially those transiting through the area for the first time, that scuba divers would be diving in the intercoastal waterway.

I haven't read the entire thread, but I am fairly confident both Dan and DD have suggested that diving near the channels essentially dictates that you are diving in a virtual overhead enviroment, regardless of that little red & white dive-flag in tow....