The regs don't say "a reasonable distance"

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Posted by Chuck Tribolet on July 18, 2005 at 23:17:41:

In Reply to: Re: I do, and I believe I remember at least one other local one in the past 5 years posted by Captain Tim on July 18, 2005 at 22:24:24:

Here's what the California code of regulations says, and there's
nothing about "a reasonable distance". It says "exercise
precaution commensurate with conditions indicated." That's
being interpreted as "No harm, no foul." BULLSHIT.


California Code of Regulations

Division 4. Department of Boating and Waterways
Chapter 1. Department of Boating and Waterways
Article 6.Waterway Marking System
§7008. The Divers Flag.

(a) A red flag with a white diagonal running from the upper left hand corner to the lower right hand corner (from masthead to lower outside corner) and known as the “Divers Flag” shall when displayed on the water, indicate the presence of a person engaged in diving in the water in the immediate area.

(b) 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.

(c) Operators of vessels will, however, exercise precaution commensurate with conditions indicated.

(d) This flag may be displayed only when diving is in progress, and its display in a water area when no diving is in progress is that area will constitute a violation of the regulation and of section 659 of the Harbors and Navigation Code.

(e) Nothing in this section will require the carriage of a divers flag for any purpose.


Authority cited: Section 659, Harbors and Navigation Code.
Reference: Sections 650, and 659, Harbors and Navigation Code.

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