kwinter
Contributor
At this point I'm only going to address the issue that Frank & Ray are getting bent out of shape about. Technically, anyone can dive anywhere without any training whatsoever. There is no license. There is no law. And if people keep dying, then the legislature is going to step in. That is not something we should want or sit idly by and let happen. The industry has to police itself or else big brother is going to step in and do it for us.
As a charter operator, Frank has an obligation to verify certification before hauling someone out to a dive site. No criminal law is involved, but there is civil liability. And the fear of that keeps him on the straight and narrow. But in this case at EN, there is no one that could or should be held liable except the father. So no one else did anything that raised any legality or liability issues. And maybe that's the biggest problem. I have no idea what the solution is, but if we don't come up with something then we should all expect dive sites to close (again) and legal restrictions to come up.
I was a member of the National Ski Patrol for a lot of years. There is nothing illegal about a person getting on skis for the first time, skipping any instruction or training, going to the top of an expert slope, pointing those sticks downhill and skiing straight down, completely out of control. I have seen exactly that many times. The ones that miraculously make it down without killing themselves or others think they did the greatest thing in the world and brag about it to everyone. And you can bet they would try again. It was the patrol's job, assigned by management, to do more than just pick up the pieces. We stood on the hill in critical places, telling people to slow down and ski in control, chasing down the ones who ignored or couldn't comply, and we were empowered to suspend their privileges on the spot even though they may have paid a lot of money for their ticket just 5 minutes earlier. Self-policing was the name of the game. Of course that was on private property, where management had the right to refuse service to anyone. The Feds are not going to provide that kind of manpower. If we don't find a way to do it ourselves, they will just cut off access.
As a charter operator, Frank has an obligation to verify certification before hauling someone out to a dive site. No criminal law is involved, but there is civil liability. And the fear of that keeps him on the straight and narrow. But in this case at EN, there is no one that could or should be held liable except the father. So no one else did anything that raised any legality or liability issues. And maybe that's the biggest problem. I have no idea what the solution is, but if we don't come up with something then we should all expect dive sites to close (again) and legal restrictions to come up.
I was a member of the National Ski Patrol for a lot of years. There is nothing illegal about a person getting on skis for the first time, skipping any instruction or training, going to the top of an expert slope, pointing those sticks downhill and skiing straight down, completely out of control. I have seen exactly that many times. The ones that miraculously make it down without killing themselves or others think they did the greatest thing in the world and brag about it to everyone. And you can bet they would try again. It was the patrol's job, assigned by management, to do more than just pick up the pieces. We stood on the hill in critical places, telling people to slow down and ski in control, chasing down the ones who ignored or couldn't comply, and we were empowered to suspend their privileges on the spot even though they may have paid a lot of money for their ticket just 5 minutes earlier. Self-policing was the name of the game. Of course that was on private property, where management had the right to refuse service to anyone. The Feds are not going to provide that kind of manpower. If we don't find a way to do it ourselves, they will just cut off access.