Divers lose boat, no pilot left aboard - Florida

[Bob DBF]

Amongst us boat captains, you have perfectly described the well known crew member position of " Anchor Bitch "

Isn't that where Sea Laywers go?

I would not want to be around any boat that might start up its engines when divers are in the water.

That's why I stay clear of boats while I dive, any boat can start the engine and move. I'm also careful around the dive boat until I am on the surface and can see or be told it's safe to board.

I've experienced occations that the dive boat anchor broke loose and had to get underway to re-anchor. All went well, like the safety briefing outlined, but it had to start engines and maneuver with divers in the water. Then there are the dive boats that don't anchor...


Bob

 

[Khrissi]

And be tossed in jail for Grand theft and endangering the life of another person! Think about it: would you simply climb in a parked car and drive off without such consequences?

It is a fact that an unattended boat is a shipping hazard. It is also the case that a charge of negligence would be held against you in UK waters. Coming across an empty boat with no indication of divers beneath would not have you facing charges. It might be that laws in other countries are different but no-one at the helm = abandoned vessel. K

 

[MaxBottomtime]

Amongst us boat captains, you have perfectly described the well known crew member position of " Anchor Bitch "

I didn't have a windlass on my last boat. My buddy called me freakishly strong as I muscled the ground tackle aboard after each dive.

 

[The Chairman]

It is a fact that an unattended boat is a shipping hazard.

No, that's not a fact. It has to be adrift in shipping lanes for it to be considered "abandoned". Maritime laws are pretty universal and actually found their genesis in England. An anchored or moored vessel, even if unattended, is not considered abandoned.

no-one at the helm = abandoned vessel.

Citation needed. Just saying, even if you believe it sincerely, doesn't make it so. Use your Google and find any maritime law that suggests this. I don't believe you can.

In Florida, where this vessel is, abandoned or derelict vessels has a specific definition. I assume most maritime laws are similar...

Statutes & Constitution :View Statutes : Online Sunshine

(b) “Derelict vessel” means a vessel, as defined in s. 327.02, that is left, stored, or abandoned:
1. In a wrecked, junked, or substantially dismantled condition upon any public waters of this state.
2. At a port in this state without the consent of the agency having jurisdiction thereof.
3. Docked, grounded, or beached upon the property of another without the consent of the owner of the property.

Nowhere does it mention anchored or moored in state waters. You're obviously free to believe what you will, but I don't want someone stealing a boat and blaming ScubaBoard for it.

 

[tursiops]

No, that's not a fact. It has to be adrift in shipping lanes for it to be considered "abandoned". Maritime laws are pretty universal and actually found their genesis in England. An anchored or moored vessel, even if unattended, is not considered abandoned.

Citation needed. Just saying, even if you believe it sincerely, doesn't make it so. Use your Google and find any maritime law that suggests this. I don't believe you can.

In Florida, where this vessel is, abandoned or derelict vessels has a specific definition. I assume most maritime laws are similar...

Statutes & Constitution :View Statutes : Online Sunshine

(b) “Derelict vessel” means a vessel, as defined in s. 327.02, that is left, stored, or abandoned:
1. In a wrecked, junked, or substantially dismantled condition upon any public waters of this state.
2. At a port in this state without the consent of the agency having jurisdiction thereof.
3. Docked, grounded, or beached upon the property of another without the consent of the owner of the property.

Nowhere does it mention anchored or moored in state waters. You're obviously free to believe what you will, but I don't want someone stealing a boat and blaming ScubaBoard for it.

Not sure why you are quoting a definition for "Derelict" as also being a definition of "abandoned". According to what you quoted, an abandoned boat is derelict if it meets the criteria of 1, or 2 or 3. If it doesn't meet at least one of those criteria, then it might still be abandoned, it is just not derelict.

 

[The Chairman]

Not sure why you are quoting a definition for "Derelict" as also being a definition of "abandoned".

By all means, give us a better definition! There are tons of anchored boats in Florida with no one on them.

 

[Bob DBF]

It has to be adrift in shipping lanes for it to be considered "abandoned".

From what I read in UK jurisdiction, the owner has to have the intent of abandoning a vessel, a boat that has slipped its moorings and is adrift is not considered abandoned. However, the persons recovering the vessel may have a lean on it for recovery.

In any event the transaction, and report, has to go through the Reciever of Wrecks. All of the required reports to the Reciever of Wrecks can be used against the salvor in court, if he is trying to misappropriate property.


Bob

 

[Khrissi]

Not to mention the complete waste of time( money ) Coastguard spent assisting on a badly run dive . You can get charged for that over here. K

 

[The Chairman]

You can get charged for that over here.

You can get charged over here, depending on the circumstances.

There are many boat owners and divers who drive boats who really have no formal or adequate training for either. They believe they "know" how, but they don't really have a clue how to set a proper scope or even how to fight a fire. With the pluck of a popinjay, they pretend they are @Wookie and then do things that would make him cringe. Try to suggest a better way and many of them will boast that they've done it a million times with no problems. They know just enough to be dangerous and there's so many that we refer to them as the mosquito fleet. They do come out in droves here in Florida during mini-season which is why I do something much safer like go solo cave diving on my rebreather with no lights, reels or bail out.

Like diving, boaters need to know their limits. Knowledge, skill and experience limit your fun and safety, even if you don't realize it. Trying to write laws to account for boater ignorance is like chasing the wind and it will punish those who know what they're doing. I just don't see that as smart. I'm way too old to dive like that anymore, so it probably won't affect me. I just hate to see something like that stop people diving who know what they're doing.

 

[kelemvor]

I would not want to be around any boat that might start up its engines when divers are in the water.

Good point. I knew there must be a reason such a simple solution hadn't been created.