Dive Flag Laws

Rules for U.S. divers and boaters

The U.S. Coast Guard spells out the federal regulation for dive flag use in Rule 27e - Vessel Engaged in Diving Operations:

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 [most civilian vessels], the following shall be exhibited:

Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white; 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.

In Canada, boating is a federal responsibility so there is one standard for the whole country. The U.S. federal government has no rules about using the red-and-white dive flag. However, most U.S. states do, and so do some local governments. There is no consistent, simple rule in the U.S. It often depends on where you are, how far off-shore you are, and whether you're diving from a boat. Moreover, it's often not easy to find the law that applies to you. Generally, the first place to look is in the rules governing boating, often published by the state department of natural resources.

New York Dive Flags

For Divers in New York

According to the Study Guide for Public Vessel Operators License published by NY Parks Department:

The traditional skin divers flag is red with a white diagonal stripe and has been adopted for use by persons engaging in underwater activities. If however, a vessel engaged in diving operations is restricted in its ability to maneuver, it must display a rigid replica of the international code flag "A" which is to be one meter in height. The traditional red and white diver's flag may be shown in conjunction with the alpha flag. Public Vessels engaged in diving operations are required to display one or both of the flags at all times when they have divers or snorkelers in the water. Divers are required to remain within a hundred feet of the dive platform at all times unless they are tethered to a separate float with a diver's flag displayed.

For Boaters in New York

According to the Study Guide for Public Vessel Operators License:

If you see the flag floating, do not approach within 100 feet. If you see air bubbles on the surface of the water stop your engines immediately and do not pass over the area!

Vermont Dive Flags

For Divers in Vermont

According to the Vermont Statutes Online (§ 3381. Divers; flag required):

(a) As used in this section:
(1) "Diver" means any person who is wholly submerged in the waters of the state and is equipped with a face mask and snorkel or "underwater breathing apparatus."
(2) "Divers-down flag" means a flag that is either square or rectangular, to approximately four units high by five units long, with a one unit diagonal stripe. The divers-down flag shall have a white diagonal stripe on a red background. The stripe shall begin at the top staff-side of the flag and extend diagonally to the opposite lower corner. The flag shall be free-flying and shall be removed when all divers are out of the water. The minimum size shall be 12 by 12 inches.

(b) All divers shall 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. Persons diving together as a group, in the same diving area, shall display at least one flag.

(c) A person who violates this section shall be fined not more than $100.00 for each violation. (Added 1987, No. 140 (Adj. Sess.), § 2, eff. April 8, 1988.)

For Boaters in Vermont

According to the Vermont Statutes (§ 3311. Operation of vessels; prohibited acts):

A person shall not operate any vessel, except a non-motorized canoe, a non-motorized rowboat or a police or emergency vessel, within 200 feet of a divers-down flag.

Canada Dive Flags

For Canadian divers and boaters

Boating is a federal responsibility in Canada so there is one standard for the whole country.

The Collision Regulations Rule 27, made under the Canada Shipping Act specifies that the dive boat must carry a rigid representation of the international code "A" flag not less than 1 metre (39.25") in height if the boat has divers down and cannot maneuver. Measures shall be taken to ensure all-round visibility.

At night, the boat shall display three all-round lights in a vertical line, the highest and lowest of which shall be red and the middle light shall be white. The red and white diver down flag is not recognized for use on the boat (but not forbidden either).

A buoy is an option if it meets the specifications set out in the regulations. The Canadian Aids to Navigation (TP 968) recognizes the use of the red and white flag on a buoy and the Private Buoy Regulations (SOR 99-335) provide the specifications for the buoy itself.

Read together a diver's buoy must be:

White, with yellow retro-reflective striping, a minimum of 15.25cm (6") across and 30.5cm (12") above the water, bearing the letters "PRIV" on opposite sides in large black lettering and displaying the owner's name and contact information prominently. It must be flying the red and white diver down flag, which must be square and 50cm (20") on each side, with the white stripe extending diagonally from the tip of the hoist down to the bottom of the fly. The buoy must be securely moored.

Note that Fathom Five National Marine Park does require the use of the diver down flag within the park.

For more information on Dive Flag laws visit http://www.dive-flag.com/