Got refused boat dives due to 12 month break

[paulw]

I find it funny that the operator doesn't accept a dive computers "log" function.

Anybody can write up a few log pages, but in order to fake a computer, you would have to give it to someone to dive with (or borrow one from a regular diver).

I agree, the only "dive log" I have anymore are downloaded from my computers.
I guess you could just borrow a computer but you could fake or borrow a paper log book also.

 

[Rooster In Ohio]

Personally, any operator that lets someone into the water without doing some level of checkout dive is frankly setting themselves up for an eventual lawsuit that they will lose. More importantly, we have a duty to our customers to reasonably ensure their safety.

Respectfully, I don't know that this is true (I am an attorney). If a diver produces a card from a recognized agency and signs on the line of the waiver, the diver is assuming the risk that s/he no longer possesses the skills acquired prior to receiving her/his card. That is not to say an operator does not have other duties (safe rental equipment, etc.), but I don't think that any operator has a duty to verify that the diver has the skill level reflected on the diver's card before allowing the diver to dive. My guess (and it is only a guess) is that the decision to ask for recent experience and refuse divers out of practice based on some arbitrary timeframe (not out of certification) is to either avoid the hassle of divers that turn into a soup sandwich or to sell the diver some form of re-certification.

All that being said, I fully support taking a pool refresher if you have not been down for a protracted period of time.

As an aside, what good is a cert card if you have to "re-certify" with every new operator?


R/S,

db

 

[DandyDon]

Yeah, once an Op checks a card and gets a release - not much liability left. My card says I am qualified; who are they to say otherwise?

I use all of my own gear, test air for O2 and CO, and while most Ops really do not check my card - how would my heirs establish that. They do check my Nitrox card sometimes, but I used it for years before I noticed that Padi left off what the card was for, so they really didn't look.



I need to have something printed on that...

 

[supergaijin]

cayCompass.com :: Human error is cause of most dive accidents

Paragraph 8:
"Of the total number of dive fatalities analysed, 88 per cent were on the first dive of their vacation or trip"

Methinks (but cannot prove) that these fatalities didn't occur on a check dive.

 

[DandyDon]

cayCompass.com :: Human error is cause of most dive accidents

Paragraph 8:
"Of the total number of dive fatalities analysed, 88 per cent were on the first dive of their vacation or trip"

Methinks (but cannot prove) that these fatalities didn't occur on a check dive.

That was news to me, but makes sense. Cozumel Ops try to take first day divers on easier dives to check abilities, but it doesn't always go that way. My worst screw up ever was first dive of a trip. :blush:

 

[scubafanatic]

You lying about your experience is not taking personal responsibility in any shape or form. What's so hard about having a notebook signed and dated by a DC? Logbooks don't need pictures of turtles or penguins on them to be effective.

...being right handed, I just sign my name on each log book page normally, then to change up the signature I'll use my left hand to sign the name of my fav dive buddy's signature "Count E.R. Fit" and make sure my dive log cover prominently displays my carefully Photoshopped Andrea Doria wreck dives from last Tuesday. Thankfully that Bank of America robo-signing of divers' logbooks scandal hasn't yet hit the headlines!

---------- Post added May 3rd, 2012 at 02:11 AM ----------

Thanks. Glad to be of assistance. I have actually never seen someone offer their dive computer log as proof, but my guess is that it would be fine. The only problem I can think of would be if they suspected that it wasn't your computer. But having a paper log of the sort that they are trained to look for seems to be the easist path to the water.

...sounds like it wold be a good idea to bring your original purchase receipt/warranty card with you to prove the computer really belongs to you. And if your computer craps out, obliterating your prior diving history, make you go through basic open water certification all over again.

---------- Post added May 3rd, 2012 at 02:26 AM ----------

I've never been required a check-out dive anywhere that I can remember, including around the US - and suing an Op in Mexico is virtually out of the question, IMO.

doesn't sound like you've ever been to either Bonaire or Roatan then.

 

[Kingpatzer]

Respectfully, I don't know that this is true (I am an attorney). If a diver produces a card from a recognized agency and signs on the line of the waiver, the diver is assuming the risk that s/he no longer possesses the skills acquired prior to receiving her/his card. That is not to say an operator does not have other duties (safe rental equipment, etc.), but I don't think that any operator has a duty to verify that the diver has the skill level reflected on the diver's card before allowing the diver to dive. My guess (and it is only a guess) is that the decision to ask for recent experience and refuse divers out of practice based on some arbitrary timeframe (not out of certification) is to either avoid the hassle of divers that turn into a soup sandwich or to sell the diver some form of re-certification.

PADI, at least, represents to Open Water students in their official course material that they should always have their log book with them because dive operators associated with PADI will verify recent dive experience in order to ensure that the diver is not being taken on a dive beyond their ability. The OW course also presents the need to do diver refreshing training if they have not been diving in several months.

This means they are teaching the OW divers as part of their training that operators associated with the agency will take steps to validate their skill levels.

I'm not a lawyer, but it seems to me that sets a certain level of expectation as part of the training that could form the basis of a lawsuit. I know if I'm on a jury and someone is being sued who told a customer one thing, then did another, while forcing them to sign away their right to sue in order to business, I'd tend to think the customer would win.

 

[scubamask]

Title correction: (should say) "

I recently went with my family on a cruise to Cabo San Lucas. I'm the only certified diver in my party, so I wanted to scuba Cabo. However, because my last dive was over 12 months prior, the cruise line (on behalf of operator) refused to let me go; stating that it was Mexican law not to allow people to go if they haven't dove within 12 months.

My questions:

- are operators becoming more strict?
- where is this 12 month requirement from? Is it really Mexican Law and where else has this restriction?
- is there a less time consuming/expensive way to "refresher" without spending a whole day doing a beginner dive? (because my family does not dive, it is hard enough for me to get one dive to myself)
- tips/strategies?

EDIT: Also will be going to Hawaii in a couple of weeks (family reasons) and want to go diving there but don't want to get refused again.​

I suspect this may be because of a couple of dive accidents recently (one involving a cruise ship) and another actually in Cabo. You can read about these occurances here:

http://www.scubaboard.com/forums/ac...on-about-discover-scuba-death-grand-turk.html

http://www.scubaboard.com/forums/accidents-incidents/413185-fatality-cabo-san-lucas-march-3-a.html
​

 

[DandyDon]

doesn't sound like you've ever been to either Bonaire or Roatan then.

Yep, Roatan a few times. Across the channel from your favorite maybe. I'm sure our first dive day was easier and the DM in the water was more watchful, but no drills required.

 

[boulderjohn]

I suspect this may be because of a couple of dive accidents recently (one involving a cruise ship) and another actually in Cabo. You can read about these occurances here:

http://www.scubaboard.com/forums/ac...on-about-discover-scuba-death-grand-turk.html

http://www.scubaboard.com/forums/accidents-incidents/413185-fatality-cabo-san-lucas-march-3-a.html
[/LEFT]

There are scuba deaths every year. This year is no different. I don't see how either of your examples would provoke a dive operation to demand that divers have recent experience:

1. The first is a death associated with a Discover Scuba course. Failure to have performed a certified dive in the prior year does not ever disqualify someone from a Discover Scuba course.

2. The second is a death that is at this time being blamed on contaminated air.