Oregon Dive Flag Regs

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eponym

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Divemaster
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Location
Oregon, USA
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Like Arizona, Oregon does not mandate very much as to boater behavior. The following details are from the Oregon Boater's Guide 2009-2011, now available online in pdf form. No diving-related information has changed in this new edition.

The Boater's Guide section titled "Diving" says in full:
A rigid replica of the alpha flag must be displayed on boats engaged in diving operations whenever these boats are restricted in their ability to maneuver by the diving operation. The flag should be at least one meter high and be visible all around the horizon.

Oregon law recognizes that a red flag with a white diagonal stripe commonly called the "divers flag" indicates a person is engaged in diving in the immediate area. Displaying the "divers flag" is not required by law and does not in itself restrict the use of the water. When operating in an area where this flag is displayed, boaters should exercise caution.
The highlighted sentence above is the only mention in the Boater's Guide of what a boat operator must do near a dive flag, except for a specific mention in the section titled "Personal Watercraft" which requires those to be operated "at slow no wake, maximum 5 mph within 200 feet of a diving flag." The above sentence is sterner in its rule form--see 250-010-0210 part (4) below.


Additional matter in the Boater's Guide that bears on traffic around dive flags is a recap of the colregs rules 5 and 6 in the section titled "Rules of the Road:"
Proper Lookout: Boat operators should be experienced enough to recognize lights, waterway markers and boats as well as other hazards, and maintain a proper lookout for danger at all times.

Safe Speed: Boat operators must maintain a safe speed at all times to avoid collision.​
These rules would probably be invoked if a boater were to be charged with causing harm to a dive boat or diver.


I can find no other dive-flag-related information in the Boater's Guide. The Guide is based on Oregon Administrative Rules, specifically in this contect Oregon State Marine Board Division 21 (Personal Watercraft Rules, 250-021-0030) and Division 10 (Statewide Rules, 250-010-0210):

250-010-0210 - The "Divers" Flag
(1) A red flag with a white diagonal running from the upper left hand corner to the lower right hand corner (from mast head to lower outside corner) and known as the "Diver Flag" shall, when displayed on the water, indicate the presence of a diver submerged in the immediate area.
(2) Recognition of this flag by regulation will not be construed as conferring any rights or privileges on its users, and its presence in a water area will not be construed in itself as restricting the use of the water area so marked.
(3) Operators of support vessels shall comply with OAR 250-012-0030 as required. [250-012-0030 restates colregs rule 27 lights and shapes for vessels restricted in their ability to maneuver - BSG]
(4) Operators of transiting vessels shall exercise caution commensurate with conditions indicated when in the vicinity of indicated diving operations.
The Oregon State Marine Board Administrative Rules are posted and searchable.
Oregon State Archives: Oregon Administrative Rules - Oregon State Marine Board


Safe diving,
Bryan
 
Applicable penalties could be one or more of these:

Class A Misdemeanors: $6,250 maximum
Reckless operation; Duties of operator at accident​
Class B Misdemeanors: $2,500 maximum
Especially hazardous condition​
Class A Violation: $427 for basic violation; $499 for accident, injury or risk
Unsafe operation​
Class B Violation: $242 basic violation; $278 for accident, injury or risk
Speeding; Speed restrictions; Reckless operation; Proper lookout; Operational rules between boats; Traffic laws​
These are conned from the state's online boating laws pages--see here.

-Bryan
 

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