Re: Are the PADI Grades right ?

hyweldavies wrote

I've only been to the US for a couple of short (work) visits, so only
going by what I hear, but it does amaze me that in the "land of the
free", you are not allowed to do an innocent leasure pursuit without
someone giving you a certificate. Mind you, we are catching up over
this side too ...

There's a lot of misunderstanding about what is allowed and what is not.
Many US divers believe that PADI actually makes rules for diving. They
don't, of course, they only have policies that those who affiliate with them
are supposed to follow. There are no rules for divers, be they PADI or
other, except those imposed, by occupational labor law, on working dive
operations. Neither PADI, nor any other agency does much to dispell the
myth.

Restrictions on diving in certain locations are imposed by those that
control those locations. While that's sometimes the government, it's done
more as a property right than as a general rule. I can, for example, dive
in any cave I want that is not restricted by a private owner or part of some
governmental park or preserve, without a certification card of any sort, let
alone one that specifies qualification to dive caves.

Other dive restrictions seem more like laws because of the way they are
enforced, but carry no force of law at all. It is difficult, for example ot
buy tanks or regulators without showing a certification card. It's also
difficult to get gas fills without one and almost impossible to get a gas
fill in a tank that does not have a current annual inspection certificate
and 5 year hydro stamp. Some shops won't fill a tank with Nitrox without a
very specific yellow and green band/label on the tank, even when the tank is
clearly marked with an inspection sticker indicating it is O2 suitable or
when the fill is from a premix supply (below 40%) that does not need tanks
to be cleaned to O2 standards to be safe. Most dive operators won't allow
divers on their boats with certification cards, buoyancy compensating
devices and an octopus of some type. All of these are, in fact, industry
standards, rules applied by associations of dive shops rather than by any
governing authority. Crazy, but it's true.

US divers put up with all of this either because they don't know any better,
or because, so far, the industry standard is better than regulation of our
sport by law. Like many of our rights, we've surrendered some freedom to
avoid the hassle it would take to resist them and government actions that
would surely follow "for our own good."

Here, it is perfectly leagal to own dive equipment, to fill it and use it to
dive anywhere not specifically controlled by others, with or without any
certification or inspection, or other control as long as you, and you alone,
handle all aspects of the equipment and/or dive. If I had my own compressor
(which I don't) and my own boats (which I do) and my own equipment (which I
have way too much of) I could dive as much as I want.

There's a tendency for some landowners to insist on 3rd party
insurance for cavers these days too.. but at least you don't need a
certificate (yet!)

I would much prefer a simple waiver of liability, but that system has not
worked well here, largely because most waivers include all risks,
specifically exempting the results of the property owner's own acts, and
partly because the courts have correctly held that you can not sign away
your right to legal redress.

Lee


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