A. No person shall engage in skin diving or scuba diving from a boat in the waters of this Commonwealth which are open to boating, or assist in such diving, without displaying a diver’s flag from a mast, buoy, or other structure at the place of diving; and no person shall display such flag except when diving operations are under way or in preparation or display a diver’s flag in a location which will unreasonably obstruct vessels from making legitimate navigational use of the water.

Terms Used In Virginia Code 29.1-734.1

  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Virginia Code 29.1-700

B. The diver’s flag shall be square, not less than twelve inches on a side, and shall be of red background with a diagonal white stripe, of a width equal to one fifth of the flag’s height, running from the upper corner adjacent to the mast downward to the opposite outside corner.

C. No operator of a vessel under way in the waters of this Commonwealth shall permit such vessel to approach closer than twenty-five yards to any structure from which a diver’s flag is then being displayed.

1987, c. 488.