Hi all, I hope this is an appropriate forum, and I want to be clear that this question is more from a theoretical perspective than anything.
I’m studying hard right now for some exams, and one of the comments made in the training material amounts to “it’s illegal to set of distress flares unless it’s a genuine emergency” (there’s a comment about coastguard organized events for learning, but that’s about it).
I’ve actually read more or less the same comment in U.S. training and U.K. training, and I can certainly see the point. However, I’ve also noticed photographs of folks who have won significant races who are celebrating–presumably in front of a bunch of official folks, and certainly on camera–by … letting off distress flares.
Now, on the one hand, I don’t need anyone to tell me how incomprehensibly irresponsible it would be to let off such a flare in any situation that was even the minutest bit ambiguous, and I don’t need anyone to tell me that it’s clear that there’s no emergency here, but my question is simply–and mostly from a theoretical perspective–is it, or is it not, actuallyillegal* to set these things off?
Ideally, what’s the law in question–and I realize this might vary from nation to nation. Case in point, I live in a landlocked state that’s so far from the sea that the U.S. coastguard rules actually don’t apply here, and yet, in training, I’ve been told that it’s still illegal to let these things off here. To be fair, that might be for the same local rules which ban private fireworks (and which rules are blatantly ignored at every celebration that shows up on the calendar).
What’s the deal here, is it just that if you win a round the world race, the rules are temporarily ignored? Or is there more to it?
I don’t know. I haven’t checked or felt the need but does it really matter?
I doubt that setting off flares is criminal but civil charges could be laid depending on the local law of causing a false SAR operation in response or creating a nuisance. So I suspect the intent is the deciding factor.
Flares are set off for training purposes and in Australia the local boating organisations do so with permission from state authorities. Boating enthusiasts can bring along their expired flares for disposal.
I regularly take passengers out on New Year’s Eve off Fremantle to watch the fireworks and at midnight the yachties (safely in harbour) expend their expired flares and I can point out to my crew what a parachute flare looks like at night and remind them that it’s naughty. Nobody gets too upset.
Sighting a red flare at sea on the other hand would trigger a response by whoever saw it and if it was falsely activated repercussions from relevant SAR authorities would be justified.
We are going through our annual safety training program right now for all of our mariners. Each Tuesday for five weeks we send them out on our 65’ training boat into Puget Sound/Seattle. Been doing it for almost 30 years now.
Among other things they jump in the water in survival suits and set off parachute flares, hand flares, and floating smoke signals. We call the USCG right before we do it (they get several calls right away from the public, and good Samaritan boats often come to the ‘rescue’.)
We try to fish the parachutes of the drink afterwards. Sometimes we find them, sometimes not.
Years ago at Schuyler I was told they made a call from the training ship that they were conducting training and setting off flares (done on campus, during the “COVID cruise” of 2020.) They took them to the point, facing the sound and set a bunch off. Later there were boats in the area and even the police and fire departments stopped by saying they were investigating reports of a vessel in distress because some local boaters called them in. Nothing came of it, but I’d certainly imagine Joe Citizen setting them off willy-nilly causing a stir might (depending on the circumstances) earn himself some kind of fine for it.
You can call the USCG and arrange for a practice flare session. When I was a kid my favorite job was shooting off all our old flares every 4th of July. I felt sorry for anyone actually sinking on the 4th.
Did it on cruise too when we had a bunch of expired shit to get rid of. Made a security call and let it rip. Nobody noticed in the middle of the Atlantic lol.
The laws are going to vary nation to nation, and at lower municipalities below that. SOLAS “prohibits” it as was mentioned, but how that is enforced and the exact law you’d be breaking is going to vary by jurisdiction. In NY for example I think the case for a cop writing a disorderly conduct(NYS Open Legislation | NYSenate.gov) ticket would be pretty easily justified, but there are a whole array of charges that could potentially be applicable beyond that. It comes down to context. Is it training, is it a boater in the middle of nowhere lighting some expired ones off for fun and to get rid of them, or is it some idiot in a crowded waterway lighting stuff off and causing a nuisance?
Thanks everyone for your input. I guess I’ll take these things away (mostly in line with my expectations, but nice to have some validation):
It might be illegal, but that’s probably jurisdiction dependent
SOLAS probably has something to say, but that’s a treaty, and (IIUC) a basis for local laws, not a law in itself
Messing about with these things, particularly in a way that might cause a false alarm is stupid and that stupidity itself might get the attention of law enforcement
And, don’t set your house, or the local tinder-dry forests, alight. Round here in Colorado, that’ll get the attention of the law faster than anything.
And, for what it’s worth, I also found 33CFR 87.02 “Exclusive use”, which states:
The use or exhibition of any of the foregoing signals except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused with any of the above signals is prohibited.
So, I guess it’s technically illegal in U.S. states with navigable waters (which does not include Colorado ).
In not too many years flares will be replaced by laser and strobe electronics. And good too. But in the meanwhile, things learned when practicing with flares have real world benefits :
Persons in survival suits often burn a hole in the glove of the suit because they haven’t been taught how to hold the flare correctly. A hole in a survival suit is a consequential thing. You only really get this during live-fire training.
Launching rocket parachutes flares for best effect takes practice. It’s pretty common for untrained people to launch them almost horizontal to the water, limiting their visibility. Another reason to practice.
We train our people about floating orange smoke signals by telling them they are grenades. Once you pull the tab, toss them. Don’t wait to see if they’re going to work. Over the years we’ve had people unaccountably delay throwing it out of the raft. Then suddenly it erupts in smoke and the bearer drops it in the raft, and now people are abandoning the raft to escape the smoke…
Ah, very useful information. I’m guessing I won’t get this practice on a basic STCW course, so very helpful (provided I can remember if I’m ever in the stressful situation of needing to do this stuff!)
My neighbor’s kid used a super LED flashlight and a stencil to illuminate the bottom of a cloud in the image of a fake Batman signal. Robin came and beat the crap out of him.
Launching flares at too low an angle not only limits their visibility, but it scares the people anchored near you on the 4th when a flare flies right over their head. Just sayin…I mean it missed, didn’t it?
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