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Originally Posted by Islander
Skip and others in this have decided that the use of a dive flag to protect swimmers is illegal. The truth is not only is it legal to use a dive flag it is required...So unless you guys can post something that says its illegal, why don't you give it a rest!
Just cause you think its a bad idea doesn't make it a crime...
And skip, if you are an attorney why can't you spell contractual, grievous or previously?  |
Sorry Islander, I haven't decided the legality of this issue, the New Hampshire State Legislature has. And be very careful of making legal statements based on the generic articles found in the New Hampshire Boater's Guide. This guide is written by an out-of-state firm that covers many other states and mistakes are present in the documentation. The documents that are pertinent for citing are this State's RSAs.....
Once again, the law on Diver Flags:
TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
Scuba Diving and Snorkeling
Section 270:31
270:31 Scuba Diving and Snorkeling. –
I. Any person engaged in scuba diving on any of the public waters of the state and any person engaged in snorkeling in normally traveled navigable public waters shall have a diver's flag, consisting of a red flag with a diagonal white stripe, displayed indicating that diving activities are in progress. The bottom of said flag shall extend at least 3 feet above the surface of the water, the view of which shall be unobstructed for 360 degrees.
II. Any person engaged in scuba diving or snorkeling shall remain within 75 feet of their dive flag. Boaters shall remain a minimum of 150 feet away from any posted dive flag, unless there are circumstances which prevent the operator from maintaining a minimum of 150 feet, in which case the operator shall maintain headway speed.
III. The commissioner of safety may adopt rules pursuant to RSA 541-A relative to restricting scuba diving between sunset and sunrise
The flag is not authorized for "swimmers". The laws that cover swimmers can be found under swim lines and maintaining minimum distances. Thes regulations have been previously posted on this site, but if you contact me off line I will be happy once again to forward you the appropriate citations.
Let's put it another way. There is no law in New Hampshire that specifically says "...
you can not stand in the middle of the road to slow traffic in your neighborhood..." although the New Hampshire Motor Vehicle code makes it abundantly clear, through numerous general references, that obstructing traffic in this nature would allow me to be cited or arrested.
To argue that there must be a specific law prohibiting every single improper act is, quite frankly, as absurd as it is impossible!
Sorry for the spelling errors, I'm not much of a typist and I don't bother with spell check for quick retorts on this site. I did however win my fifth grade spelling bee. I could fax you the award if you would provide me an appropriate number to reach you at
And no, I am not an attorney. But I do deal with them on a fairly regular basis. Next time I am dealing with one, I'll ask them the secret to their spellin' success
Skip