Sailboat Runs over DiveFlags at BHB

[Straegen]

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....

I have not been here nearly as much as the natives, but I have never heard of a boat in the area willfully going over a dive flag after being repeatedly warned they are there. Again it is one thing if the boater simply did not know and did not see but in this case he was warned, before, during and after the event. Accidents are going to happen and people aren't always going to be looking when they should, but to go over a dive flag as well as surfaced divers with full knowledge is blatant douche bag boating and IMO dangerous.

Surprising to me is the number of people here and other boards defending this guy.

 

[jimw]

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

Yep, a way to strait-en the corner!! Could that be what was going on from the sailboat nimblenorf Capn's perspective, getting out front of the other traffic!!

 

[danvolker]

I was at Jim Abernethy's office yesterday when an officer from FWC showed up to question Captain Sean again about the Sailboat incident under the Blue Heron Bridge, where the captain of the sailboat just aimed right through the middle of a bunch of dive flags, and ran through, even with loud PA system warnings by Sean about the divers he could hit...

In the course of the discussion, I interjected a few questions....I asked, if an oncoming boat in the ocean( over a reef) is headed directly over the dive flags of the charter boats divers, CAN the dive boat position itself BETWEEN the oncoming moron in the boat, and the divers under the flag(s). The ONLY apparent legal standing being considered by the authorities, appears to be that if the Dive boat causes an accident between the 2 boats, by moving in this interception course, this will be seen as an unsafe action by the dive boat, and they will be ticketed.
I asked how this is not similar to the right of an american to interceed in a mugging or other life and death situation on behalf of another person, and use even "deadly force" if necessary to save the life of the threatened person in question.....They --the authorities, apparently do not see this connection, and at this stage, are ignoring the rights of divers under the flag. They are ONLY concerned with whether the charter boat endangers the oncoming boat.
This is the most short-sighted, and ignorant beauracratic development we could imagine..the Law enforcment officers KNOW the divers should be protected, but feel that leghally, they can not support the dive boat attempting to protect them. This officer in the discussion, indicated the only solution would be to change the law.....and clearly, this really needs to happen.

Right now, each of the Palm Beach boats are willing to put themselves in LEGAL JEOPARDY, by following the MORAL IMPERATIVE of protecting the lives of divers, while the current LAW is that the DIVE CHARTER BOATS have NO RIGHT to do this if it means potentially causing an accident with an oncoming boat ( even if it is a drunken boater about to run over and kill divers) ...


Divers will continue to be protected by Palm Beach boats, but at some point, this will get tested by an incident, and a court case will ensue--and divers will need to chip in and support the only intelligent behavior.

 

[Scott L]

I would trade a ticket for saving a life any day of the week. Nice report!

 

[Notso_Ken]

What is FWC?

 

[Beowulf]

What is FWC?

Florida Wildlife Commission

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[Beowulf]

I dived with Sean as captain recently and was impressed. It was my first drift dive experience and I never thought about boats running interference for divers. It really was something to watch. I assumed it was legal. I can't believe the rights of boaters to be idiots trumps the rights of people with no protection in the water. So I guess if some moron was racing towards a crowded beach you're just supposed to watch the massacre? Or are swimmers different somehow than divers?

Florida's economy is based on tourism. Perhaps the tourist industry could be brought into the fight for legislative remedies. Of course I doubt the legislature will bother until people are killed and there is a great deal of media coverage since getting on tv is all most politicians care about.

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[redacted]

The problem is that unless the divers are at or very near the surface, there is no life to be saved. The use of such force when no one is actually in danger is unlikely to produce a good outcome for the dive boat. I don't see where maneuvering in a manner that may cause a collision is intelligent behavior when no one is endangered. Put divers on the surface and the situation may be different.

 

[Dsix36]

The problem is that unless the divers are at or very near the surface, there is no life to be saved. The use of such force when no one is actually in danger is unlikely to produce a good outcome for the dive boat. I don't see where maneuvering in a manner that may cause a collision is intelligent behavior when no one is endangered. Put divers on the surface and the situation may be different.

You never know if the diver is in the process of surfacing or not.

How would you like to stick your head out of the water just in time to get it smacked by the hull of a boat?

I have had to steer my boat and my buddies boat in front of other boats on several occasions to get an approaching boat to change course, and I will continue to do so whenever it is necessary.

 

[lionfish-eater]

Was the captain of the sailboat ticketed?