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 AS SEEN IN THE MAY/JUNE 2006 ISSUE
“Man diving off beach
struck and killed by boater in apparent accident.”
“A diver was killed Saturday night
after a boat ran him over just off the beach in Ho-llywood. The boat
did not stop, though the operator may not have even realized he hit
anyone,” reported a police spokesman in the Miami Herald, back in
September of 2005
Boaters or
Divers
Who has
the right of way?
“Man diving off beach
struck and killed by boater in apparent accident.”
“A diver was killed Saturday night
after a boat ran him over just off the beach in Hollywood. The boat
did not stop, though the operator may not have even realized he hit
anyone,” reported a police spokesman in the Miami Herald, back in
September of 2005
According to sources, police officials
called the incident an unfortunate accident. However, the question
arises could the accident have been avoided and can we as boaters
diminish the overall number of such tragic occurrences?
According to the Coast Guard’s Office
for Boating Safety www.USCGBoating.org ,
at least 53 vessels were involved in some type of accident involving
either a swimmer or diver in 2003. The Coast Guard reported ten
fatalities, with another fourteen fatalities not reported due to
specific reporting criteria.
What is the law?
First of all, let’s clearly
distinguish scuba divers from swimmers and those who enjoy
snorkeling. This exclusion is somewhat arbitrary, as most of what
follows to some extent can also refer to swimmers and snorkelers, but
alas, this is about divers.
Scuba diving is a sport that has gained
in popularity ever since famed explorer Jacques Cousteau and his
partner Emile Gagnan invented the regulator, which has evolved into
the Aqua-Lung. In 2000, the Professional Association of Diving
Instructors (PADI.com) estimated that there are currently over ten
million recreational scuba divers regularly visiting and enjoying our
underwater world. Given the sheer number of divers, the U.S. Coast
Guard Navigation Rules, referred to as COLREGS, specifically
discusses diving.
Rule 27 (International and Inland)
states:
(e) Whenever the
size of a vessel engaged in diving operations makes it impracticable
to exhibit all lights and shapes prescribed in paragraph (d) of this
Rule, the following shall be exhibited: …
(ii) a rigid
replica of the International Code flag “A” not less than 1 meter
in height. Measures shall be taken to ensure its all-round
visibility.
Many states also have regulations that
require a specific divers-down flag. ie. Florida:
In
Florida, if you’re diving from a hired charter boat, dive flag laws
will be of little concern to you as it is the crew’s responsibility
to insure your safety and to abide by the state regulations. However,
if you plan to do any shore diving or if you dive from your own
vessel, you will indeed need to be aware of the statutes concerning
the use of dive flags. These laws are designed for the safety of both
divers and boaters.
DIVERS-DOWN
FLAG
LAW
(1)
As used in this section:
(a)
"Diver" means any person who is wholly or partially
submerged in the waters of the state and is equipped with a face mask
and snorkel or underwater breathing apparatus.
(b)
"Underwater breathing apparatus" means any apparatus,
whether self-contained or connected to a distant source of air or
other gas, whereby a person wholly or partially submerged in water is
enabled to obtain or reuse air or any other gas or gases for
breathing without returning to the surface of the water.
(c)
"Divers-down flag" means a flag that meets the following
specifications:
1.
The flag must be square or rectangular. If rectangular, the length
must not be less than the height, or more than 25 percent longer than
the height. The flag must have a wire or other stiffener to hold it
fully unfurled and extended in the absence of a wind or breeze.
2.
The flag must be red with a white diagonal stripe that begins at the
top staff-side of the flag and extends diagonally to the lower
opposite corner. The width of the stripe must be 25 percent of the
height of the flag.
3.
The minimum size for any divers-down flag displayed on a buoy or
float towed by the diver is 12-inches by 12-inches. The minimum size
for any divers-down flag displayed from a vessel or structure is
20-inches by 24-inches.
4.
Any divers-down flag displayed from a vessel must be displayed from
the highest point of the vessel or such other location which provides
that the visibility of the divers-down flag is not obstructed in any
direction.
(2)
All divers must prominently display a divers-down flag in the area in
which the diving occurs, other than when diving in an area
customarily used for swimming only.
(3)
No diver or group of divers shall display one or more divers-down
flags on a river, inlet, or navigation channel, except in case of
emergency, in a manner which shall unreasonably constitute a
navigational hazard.
(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.
(7)
The divers-down flag must be lowered once all divers are aboard or
ashore. No person may operate any vessel displaying a divers-down
flag unless the vessel has one or more divers in the water.
(8)
Any willful violation of this section shall be a misdemeanor of the
second degree.
So what went
wrong that unfortunate Saturday evening?
Let us delve into why there are
requirements for diving flags in the first place and our answer will
be revealed.
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A diver cannot be seen by other
vessels, due to the fact that they are typically underwater, and if
on the surface, often very difficult to spot, exactly why a dive
flag is so crucial. The unfortunate diver neglected to follow this
rule.
In our care above, there was no mention
of the diver leaving a dive boat, and in fact the news article
mentions that he was diving off a beach (a common practice). This
means that without the indication of a divers-flag, nearby vessels
would have no idea to the presence of diving activity. Cleary this
creates a dangerous condition for both vessels transiting the area
and for divers.
As we all know, clear communication on
the water can mean the difference between a safe voyage and an
accident. Whether it is the use of sound signals to show intent on
overtaking another vessel, to advise of a dangerous condition, or to
communicate that there are divers in the water, all boaters must be
aware of these communication modalities. We in the boating community
have the tools at our fingertips to diminish most accidents. Such
tools include electronic navigation and communication equipment, but
more importantly, our senses of sight and hearing.
Education
The Coast Guard and Coast Guard
Auxiliary implore all boaters, divers, kayakers, canoeists and all
members of the maritime community to take a boating safety course.
These courses are offered all over the
state by the Coast Guard Auxiliary as well as other organizations.
Safety starts with education, and taking an approved course is a
great way to start any boating season.
For more information about safe boating
courses, contact the United States Coast Guard Auxiliary by visiting
www.CGAUX.org
or by calling 1-877-875-6296.
The United States Coast Guard Auxiliary
is the uniformed volunteer component of Team Coast Guard. Founded in
1939 by an Act of Congress as the US Coast Guard Reserves and
re-designated the Auxiliary in 1941. The 31,000 volunteer members
(men and women) donate thousands of hours in support of Coast Guard
missions.
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