Should SCUBA divers / the Diving industry be answerable for their actions legally?

[Scared Silly]

Here in the states the police/sheriff can cite someone for disorderly conduct for what has been referred to by the National Park Service "knowingly creating a hazardous situation" or put another way

"Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit"

The problem is that they are hesitant to cite a person very often. However, when they do and are found guilty the restitution typically includes the cost of rescue. My source for all this is from several friends who are NPS rangers and have ben part of many many dumb rescues.

 

[alijtaylor]

Although it may be true that the natural order will catch up with this guy and others, I have to disagree with you because I think 99.9% of incidents involving qualified divers are as a result of diver error. This includes but is not limited to hen the diver :

- Dives outside the realms of his/her training and experience
- Chooses to deviate from their training
- Fails to regularly service their equipment
- Excercises poor judgement

etc, etc

"comiling poor circumstances" could, for example be, the weather (big waves), no buddy and no SMB. It is my view that choosing to dive at all in such conditions without adequate experience could show lack of sound judgement, diving without a buddy goes against the diver's training recommendations and not carrying an SMB also showed poor judgement (and stupidity IMHO).

Just my 0.2c

I do wonder that if he knew if he had to cough up the cost of any subsequent rescue, would he indeed do anything different next time?

Hi DD
And just how would a similarly equipped buddy have helped here? What I worry about is the decision making of those who would judge 'diver error'. The moment you dive outside someone's view of the right way you are at risk of the cost of rescue. I can see solo divers paying out even when that wasn't the primary cause of the problem, because every one knows if you dive solo you are gonna die (if you don't get rescued first)..

Cheers

Alison

p.s just noticed my 666th post - brings out the devilment..

 

[Bottomfeeder Brodie]

In this sport, as I have observed, Darwin Awards regulate its participants. Like my instructor tells me " you see stupid bold divers and you see old divers, Never old stupid divers". If people could care less about their own safety than I could care less if they cause their own demise. It sucks to be that way but I don't holler into the window of the car next to me and tell them to buckle up.

 

[Bottomfeeder Brodie]

.....so if you wreck your car, you pay the EMS/Hosp bills right?

 

[DiveDiva_Rach]

Hi DD
And just how would a similarly equipped buddy have helped here? What I worry about is the decision making of those who would judge 'diver error'. The moment you dive outside someone's view of the right way you are at risk of the cost of rescue. I can see solo divers paying out even when that wasn't the primary cause of the problem, because every one knows if you dive solo you are gonna die (if you don't get rescued first)..

Cheers

Alison

p.s just noticed my 666th post - brings out the devilment..

A similarly equipped buddy probably wouldn't have been able to help much at all. But if there are 2 people, there is at least a 50% of an SMB being present in their combined equipment. (The diver has subsequently said he will carry two from now on!)

As I see it, if you choose to ignore common industry and recommendations and then need rescuing - you should blummin' be made to pay for your rescue! Similarly, if you're diving solo without training and / or adequate redundancy then this also counts as ignoring recommendations. Just because ignoring these is not punishable by law doesn't mean they are any less relevant in my view. But it does seem that people sometimes don't take them very seriously, which was kinda the whole point of the poll

Congrats on your 666th post - you little devil you!

 

[DiveDiva_Rach]

.....so if you wreck your car, you pay the EMS/Hosp bills right?

If you were drunk or otherwise grossly negligent then I reckon that should be considered, yes.

 

[marinediva]

I would like to see laws to regulate the Industry Yes, some people cannot be trusted to keep themselves and others safe. Common sense is not something that can be purchased from the local 7/11.

In fact I would like to see some areas of the whole dive industry standardised globally.
A good example would be testing of tanks. In Australia they are tested every year, if the stamps not there or out of date, no refill.

In answer to the original question, every individual should be responsible for themselves, legally and morally.

 

[Doc]

Do you think there needs to be safe diving legislation in New Zealand?
o Yes
o No
o Unsure

Whatever happened to "No rules, just right"?

Oh, that was Australia.

It could be that the purpose of your life
is only to serve as a warning to others

Darwin is on your dive boat.

 

[alijtaylor]

[QUOTE
Whatever happened to "No rules, just right"?

Oh, that was Australia. [/QUOTE]

Not Queensland from what I understand and anyway in NZ it would be

"No, she'll be right"

Alison

 

[DocWong]

Legal actions or laws often follow the actions of a very small minority of people who do stupid things. The problem is that these new laws often just make it harder for the majority of others to get on with their lives. I'd say if there is a big problem involving more people, then yes let's consider legislation.

Other than that, legislation does not stop stupidity from happening. Or you can legislate unitil the activity stops all together and that does nothing but punish the decent.