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View Full Version : Texas Towing dive flag in lakes? "laws"??



Ladyvalea
08-25-2008, 13:01
I can't find anything on the net about Texas laws and diving freshwater lakes and towing a dive flag above? Can anyone direct me to a site?

public lakes...army cor engineers lake? thanks..

mitsuguy
08-25-2008, 21:35
pretty much required everywhere... it's a good idea anyways...

we get by without dragging it everywhere by tying one to our platform just offshore, then shooting a bag/marker if we come up away from it...

Largo
08-25-2008, 21:43
As with everything else in Texas... just do it the way you want to, until the Rangers come and crack you on the noggin with a stick, and fine you a few hundred dollars.

Texas law enforcement officials are jack-booted thugs. IMHO

mitsuguy
08-25-2008, 22:03
As with everything else in Texas... just do it the way you want to, until the Rangers come and crack you on the noggin with a stick, and fine you a few hundred dollars.

Texas law enforcement officials are jack-booted thugs. IMHO

the ****ty thing is that we get harassed if we don't have the float, but boaters don't get harassed if they come too close to it...

snagel
08-26-2008, 04:57
Here is a nice site I came across awhile back Dive Flags (http://www.dive-flag.com)

In the box, click "dive flag laws".

Snagel

Diver Kat
08-26-2008, 08:02
Interesting .... do most of our diving at either Mansfield Dam - scuba area or Windy Point shoreline, so hadn't thought about using a dive flag. The few times we went out to Starns Island on a friends boat we didn't use a flag .... from peoples comments in the past, seems you get more harassed by boaters if you use a flag ...

Vercingetorix
08-26-2008, 08:07
Texas law enforcement officials are jack-booted thugs. IMHOLargo, don't hold back. Tell us how you REALLY feel.:smiley36:


Back on topic, I'm glad this thread was started. I hadn't really thought about the Law versus just doing what's right, i.e., having a buoy.

awap
08-26-2008, 08:56
I did not save the sites but when I researched it I concluded there were 3 different set of regulations you had to consider.

The Coast Guard regs which apply to waters under their control require a dive flag and boats to honor that flag. I don't recall if that reg required divers to stay within any particular radius of the flag.

Corp of Engineers regulations also require a flag on waters under their control but do not specify a radius that divers must stay within. It does specify what boats must do to honor the flag.

TPW regs don't say the diver must use a flag but do specify what boats must do to honor it if it is present. It has wording something like "For scuba divers to enjoy the protection of the dive flag,...." There is also a water safety pamphlet, not published by an official gov agency, that references the TPW regs and says diver must show the flag. I believe it is in error.

When I dive TX waters that are not under CG or COE control, I do not use a flag. When I dive COE controlled waters, I usually put up a flag close to shore in shallow waters where boats are unlikely to bother it. I carry a DSMB for if I need to surface away from the protection of shore.

Edit: I did the google search on "Texas statutes scuba" and this is what it says:

31.1021. OPERATING VESSELS IN SCUBA[0] DIVING OR
SNORKELING AREAS. (a) No person may operate a vessel within 50
feet of a buoy or of another vessel displaying a "diver down" flag
that marks an area in which a person is scuba[0] diving or snorkeling.
(b) No person may operate a vessel at a speed greater than
the minimum speed necessary to maintain steerageway and headway
while the vessel is within 150 feet of a buoy or a vessel displaying
a "diver down" flag that marks an area in which a person is scuba[0]
diving or snorkeling.
(c) To be entitled to the protections of this section, a
scuba[0] diver or snorkeler must prominently display a "diver down"
flag from a buoy or vessel.
(d) This section does not apply:
(1) to a person who is operating a patrol or rescue
craft; or
(2) in an emergency.
(e) Subsection (a) of this section does not apply:
(1) to a person who is already operating a vessel in an
area when another person displays a "diver down" flag within 150
feet of that vessel;
(2) to a person who is operating a vessel in a waterway
that is less than 300 feet wide; or
(3) to a person who has permission to enter the area
from the person who placed the buoy or the person who is operating
the vessel displaying the "diver down" flag.
(f) In this section, "'diver down' flag" means a square or
rectangular red flag, at least 15 inches by 15 inches, that has a
diagonal white stripe.

Added by Acts 1989, 71st Leg., ch. 1146, 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 226, 1, eff. Sept. 1,
1991.