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Date: Fri, 12 Jul 2002 19:24:40 -0400
From: Udo Rotmistrenko <udo@hy*.or*>
Organization: Hydronautics - Diving for Science and Adventure, Inc.
     http://www.hydronautics.org
To: LouisianaLegal@ao*.co*
CC: techdiver@aquanaut.com, quest@gu*.co*
Subject: Re: GUE and Drivers License
Hello Susan;

During the past few months, I have heard from various sources that GUE
does not have any insurance, whatsoever. Those comments where made
mostly from persons affiliated with TDI. One of those gentlemen, where
extremely well meaning (I mean that they were actually
convinced/believed the information they were given as true) and told me
that nobody here in the NYC area is honoring the GUE cards. Not for
trimix fills or specific levels of dives that are requiring training
levels above AOW.

Curious, I started to contact various diveboats of which the Seeker was
only ONE to find out if they are actually accepting the GUE
certifications for those specific dives.

Cpt. Dan answered my email with a regular introduction about his and his
operations qualification, which was okay, but the he warned be by
stating :

"At this time it would not only be unwise, 
but irresponsible for any operator to 
accept any GUE certification as they are 
not an internationally, or for that matter,
nationally recognized agency with merit, 
credibility or insurance.  It is unfortunate 
that you as well as several other groups like
yourself have been mislead by GUE as being a 
certification agency." (Original Quote)

I was reading into this that he actually warns me of taking classes with
GUE and that GUE was actually committing fraud. Cpt. Dan then was
helpfull to retrain me and the divers of Hydronautics via TDI as you can
see from the continuation of the email:

"However, I would be happy to reevaluate 
your divers for certification and train 
any new divers by competent and experienced 
instructors knowledgeable of the area."

The result of my survey of local diveboats, including the Seekers
response were posted by me on the quest list. As you can see, it is more
than just an insurance issue, and I believe it is important that GUE
understands the effect it has in the public eye. Why? Because we are
receiving an outstanding technical training and there are shops we are
trying to get a NO2 or He fill and they won't honor the GUE card.

Actually on a more relaxed note, this reminds me somewhat of the
situation of the transferability of the German Drivers License to the US
roads. (My own experience!)

SOMEWHAT OFF-TOPIC:

The United States recognizes the German Drivers license only for a
transfer period for immigrants of 3 months. Then you have to take the US
road test and written exam. There are other, even 3rd world countries
where the US accepts and transfers their license without any problems.

Why would that be?

It is actually a pretty childish reason and reminds very much of the
situation with the diving agencies here:

In Germany, minimum age for a drivers license is 18 years (no learners
permit). You have to attend a minimum of 3 months of weekly drivers
education (classroom), then you have a mandatory roadpractice of 20
hours (don't know the current terms mine is almost 20 years ago). You
can easily end up with somewhere between 40 to 80 hours of road
instructions in various driving conditions (mandatory) including
countryroad, autobahn, city traffic and driving at night.

You have to take a very tough written exam and IF you pass that one, you
can take the road test. So, if you finally end up passing and receiving
your drivers license, you may have spend somewhere between $1,500 to
$6,000.

Compare this to your US license: New York State, as one of the toughest
in the US: A fee of somewhat $38, including a 20 questions written test
and a 10 minutes road test to show that you can accelerate, stop, set
indicator and are able to park behind a car on the road.

So, why wouldn't the United States accept the German drivers license?
Because Germany says: Look at your license requirements and compare them
to ours... you got to go back to driving school for the German traffic.

What does the US says: *pouting* Well, if you don't accept our drivers
licenses... we don't accept yours either.

LouisianaLegal@ao*.co* wrote:
> 
> P:
> 
> Why does GUE even care if Dan does or does not let GUE divers on his boat?
> Actually, reading some of the accusations that have been thrown at the
> Seeker, assuming one believes even 1% of them, GUE should say nothing in
> public (thank you in private) and go on. I would imagine that all GUE
> certified divers would stay far away as possible from the Seeker in light of
> all the "libel and slander" that has been thrown against Dan. I don't know
> Dan and  never dived the Seeker. But if what is written about the vessel is
> even partially true then your employer should be grateful.
> 
> As any attorney will tell you Dan as captain of his boat can refuse service
> to any one as long as he does not routinely discriminate against any of the
> protected classes in the Bill of Rights. The "right" to tech dive on the
> Seeker is not a constitutionally protected right no matter who trained you.
> 
> As for Alton filing a suit for "slander" against Dan, leaving aside the
> question of what, if any, damages have occurred to GUE; if in fact Dan
> incorrectly said GUE instructors had or have no insurance (which so far I've
> only seen quotes from other people alleging Dan to have said this), I can
> imagine that Dan's lawyers would counter file in response with their own
> libel and slander actions.  The litigation could go on for years. Then the
> only people who would be getting rich are the lawyers filing the lawsuits
> unless GUE's lawyer works pro bono.
> 
> According, to an earlier post apparently Dan has an extensive release which
> some feel is a "shield" to litigation. The release is a sign of competent
> legal counsel in an age where anyone will sue for any perceived wrong.  I
> always love it when lawyers bemoan other good lawyers' draftsmanship.
> 
> Whatever happened to personal responsibility in diving?
> 
> Susan
> --

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