California Dive Flags

Rules for CA divers and boaters

There is a lot of controversy about California's weak laws regarding the use of dive flags. If you have any new information, please let me know.

For Divers in California

California Code of Regulations, Title 14, §7008, The Divers Flag, states:

(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.

However, as California diving instructor Don Lambrecht brought to our attention, this section of the California Boating Regulations would seem to cover divers:

No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

Every owner, operator, or person in command of any vessel propelled by machinery is guilty of a misdemeanor who uses it, or permits it to be used, at a speed in excess of five miles per hour in any portion of the following areas not otherwise regulated by local rules and regulations:

• Within 100 feet of any person who is engaged in the act of bathing. A person engaged in the sport of water skiing shall not be considered as engaged in the act of bathing for the purposes of this section.
• Within 200 feet of any of the following:
  1. A beach frequented by bathers.
  2. A swimming float, diving platform, or lifeline.
  3. A way or landing float to which boats are made fast or which is being used for the embarkation or discharge of passengers.

In addition, certain county and municipal regulations are more specific about the maximum distance you can be from a dive flag. According to an issue of California Diving News, Los Angeles County regulations require "divers more than 200 yards from shore to use a dive flag."

Similarly, here is part of Section 12.08.040 in Manhattan Beach:

No person shall swim, bathe, or immerse himself in the water of the Pacific Ocean opposite any beach regulated by this chapter more than two hundred (200) yards from the shore except ... C. A skin diver equipped with swim fins and a face plate if at all times he maintains within fifty (50) yards of himself a boat or a surf mat, paddle board or surf board upon which there is a rectangular flag twelve by fifteen inches, orange-red in color with a white diagonal stripe three inches wide running from one corner to the diagonally opposite corner. The flag shall be flown high enough so as not to touch the water.

The state has specific fines of over $100 for "Unlawful Placement of Diver Precaution Markers."

For Boaters in California

As far as we know, California state law still is not specific about how far away boaters need to be from a dive flag. As stated above, Title 14, Section 7008, only states that operators of vessels will "exercise precaution."

However, California Boating Regulations are very specific that you must remain go under five miles per hour within 100 feet of "any person who is engaged in the act of bathing" and 200 feet from a "swimming float, diving platform, or lifeline."

Happy Diving,

Chris Whitten
chris-(@)-interesting.com (remove the hyphens and parentheses)
Dive-Flag.com Webmaster

P.S. The information above was as complete and up-to-date at the time as I could make it. It should not be construed as providing legal advice. You should conduct your own legal research or contact an attorney.