FYI BHB - Sheriff's dept ticketing for not having dive flags

[smorneau]

How much was the ticket?

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[sotgecho]

How much was the ticket?

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I did not get the ticket; just witnessed the sheriff issuing it to the diver. I was assisting a AOW class when this was going on. The only part I over heard was the sheriff stating that you need to have a discernible diver down flag.

 

[davetowz]

is this the same SO that has yet to issue a citation to the infamous sailboat driver?

 

[Orlando Eric]

Dave-- they have not issued a ticket because there was no violation.

 

[KWBuddy]

Do you have a link to that video...? lee

I believe this is the video.

--

Bud

 

[KWBuddy]

The sheriff's boats have been showing up at high tide lately patrolling. This is the third time I have seen them at high tide and the first ticketing a diver. Since that sailboat incident (my instructor was the one who almost got ran over in the video).

If you are talking about this video, I see a sailboat proceeding along the only channel he can navigate at a speed that is so slow, he barely has control. Several people in this (and other) threads have said that the boater wasn't violating any laws.

We can't ask for enforcement and then complain if we don't comply with dive flag rules.

As someone else said, it is probably good to have patrols of the area.

I have run large boats through that area and must have been lucky enough to hit the bridge when there weren't many divers in the area, but it is a big concern for me. That's not just because I'm a diver. Most of the operators of boats are responsible and will try to avoid creating dangerous situations.

One of the boats I take through that area doesn't have much clearance overhead at the Blue Heron Bridge and it doesn't have much more clearance from the bottom. It is a big replica of a pirate ship. I doubt I could take it through the east side channel.

As someone in one of the threads mentioned, there probably isn't enough clearance between the prop and the bottom for a diver to be safe. If I encountered a dive flag in the middle of the channel, I would have little choice but to proceed slowly along the center of the channel.

That boat is wide. It does have a rather substantial yard (yardarm) and I can't be hitting the bridge with it. It's hard to stop the boat and if there is traffic behind me, they may not be able to stop either.

In addition to serving the local boating community, the bridge also is a part of the Intercoastal Waterway that serves large traffic that comes from all over. Some of those boats are really big and make our Pirate Ship look like a toy and the captains have no local knowledge of Scuba diving in the area.

It seems to me that Scuba diving in the channel is a little like playing in the middle of the expressway.

If you are going to do it, you need to take precautions, such as watching for traffic and surfacing between the bridge supports and the fenders. In any event, I wouldn't recommend it.

But then I have been known to Scuba dive in the Main Ship Channel in Key West, so who am I to talk?

--

Bud

 

[brucetrinity]

I could be wrong but my understanding, and observation of the video, is that the divers (and the sailboat) were not in the main channel .... they were in the area between the main channel and the bridge columns .... in other words, the area ADJACENT BUT SEPARATED BY THE BULKHEAD and east of the main channel.

 

[brucetrinity]

BTW, the actual Florida Statute is 327.331 and reads in part (and sequence):

(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.

There are many summaries of the above (not necessarily correct).

The sailboat made no reasonable effort to use the main channel and avoid the divers. The video clearly shows the main channel is accessible and, shortly after, is transited by a sailboat of similar size.

Statutes & Constitution :View Statutes : Online Sunshine

 

[KWBuddy]

The sailboat made no reasonable effort to use the main channel and avoid the divers. The video clearly shows the main channel is accessible and, shortly after, is transited by a sailboat of similar size.

The video starts well after the boat was committed to the east channel. It not apparent that the dive flags would have been visible before that point. Remember that he was committed well before he passed between the fender and the old bridge and the video starts as he is passing under the new bridge.

Another point is that the boat in the background that did take the main channel is much smaller and it is obvious that he is moving a lot faster.

Local knowledge says that the highest part of the bridge is under the east channel, so with a boat that tall the skipper may have deemed that the safe passage. His rig is a lot taller than the boat behind him and even taller than our rig.

I was towing my little skiff along a wall looking for lobsters (not that long ago) using a 75 ft anchor line. As I would swim, I'd drop the anchor if I found something. Otherwise I'd hold it in my hand as weight. I was swimming along when a FWC boat on a full plane passed between me (holding the anchor) and my skiff.

This was in open water. The skiff (being a boat) had the larger dive flag. The guy was a FWC Officer. There was no excuse to pass that close in open water even if the boat didn't have a dive flag. There are a lot of idiots out there.

In any event, if you think that a dive flag will protect you from all harm, there is no question you are asking for trouble. What is that joke about the reverse Mohawk haircut?

--

Bud

 

[lsorenson]

I believe this is the video.

--

Bud

Thanks Bud for that as I am a sailor as well be it fresh at the moment....

I would like to make a comment on this however... If they were running from sun to shade of the bridge, I could see where anyone would have trouble spotting a dive flag or even three dive flags... Since this is such a known site for diving are there no signs posted regarding divers for the captains to observe?

I do find this a very unique situation and not really sure how much fault I find with the captain... I see divers heads so most if not all are aware and I also see a crew member up on the bow... I would be curious as to the conversation the crew and the divers were having! Again, I am not sure I see much of a problem with this even thought the sailboat is under power... Between currents, bulkheads, abutments, expensive boat, and now throw in divers in the middle of it all... All I can say is the boat is moving at a very slow speed and you can tell from the speed of the sailboat in the main channel that shows up at the 1:18 mark... I also bet he threw the boats engines into neutral once he saw the situation for as long as he could...

Don't mean to rehash or get the thread off course... (no pun intended...)

lee