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From: <davidsmith95@ea*.ne*>
To: <Art.Paltz@R2*.CO*>, <techdiver@aquanaut.com>
Subject: RE: GUE and Drivers License
Date: Sun, 14 Jul 2002 17:01:54 -0400
Art,
I have to disagree with you on this one.  Perhaps I just am more
disgusted with this "sue craze" than you, but I don't think the suits
you mentioned were the "correct thing to do".  When we are talking
simple, recreational dives (in other words, no special accommodations or
"special" safety plans required, I think the boat charter is just a ride
to an anchor spot for a period of time.  I don't think the operator
should be responsible because some idiot jumped off the back and got
hurt.  Now with technical diving or drift diving, I think there is a
higher degree of coordination required, and perhaps now there might be
some responsibility on the charter operators part.  But I would see that
more to protect the other divers, not the so-called "idiot" (i.e.
everyone else gets stranded while the boat takes care of the other
person having a problem)

As far as air fills.  I have no issue with any dive shop checking
credentials.  I have been in dive shops that won't fill doubles without
a full cave card.  Whatever floats their boat.  But I think it is
ludicrous to suggest they are liable if they don't check a C-card.  It
is only air after all!!  ;)

David E. Smith 

-----Original Message-----
From: Art.Paltz@R2*.CO* [mailto:Art.Paltz@R2*.CO*] 
Sent: Sunday, July 14, 2002 8:55 AM
To: techdiver@aquanaut.com
Subject: RE: GUE and Drivers License


On the issue of a dive boat or dive shop checking certification cards.
Not getting into the issue of GUE being accepted.  If dive boats or dive
chops don't check for certification then I think they are being
reckless.  If a dive boat allows someone with no training but has all
the latest and greatest dive gear board the boat and do a dive and dies
then they are irresponsible and will get sued.  That's the correct thing
to do.  If a dive shop allows someone to walk in the door, talk the talk
and get scuba fills and then goes out and gets them selves killed while
diving without proper training, they are also going to get sued.  That
would also be irresponsible.  Personally I hate this "sue craze" we have
in the US but this is one time when it is warranted.  If you build your
own mixing station, mix your own tanks, board your own boat and get
killed then you are at fault.

Maybe I'm reading your email wrong but are you suggesting that dive
boats should not check certification before a dive and that dive shops
should not check for certification before filling scuba tanks?  Hey,
lets not check drivers licenses or passports anymore.  Why do we require
someone to have a pilots license before flying?

Come one, if I'm reading your email wrong I sincerely apologize.

If GUE is a recognized agency (whatever that means) and has insurance
then there is no reason not to accept their cards.  The boats and shops
need to guard themselves against getting people killed and getting sued.
If an accident happens and the boat or shop gets hauled into court they
will need to show that they had ample reasons to believe that this
person had the proper training to perform the dive that killed them.
Now, I also do believe that a shop or boat has the right to refuse
certain certification cards/levels.  If I owned a boat and didn't
recognize a certain certification then I wouldn't let them dive.  Other
groups do it all the time.  I believe (and I'm sure George will correct
me if I'm wrong) that the WKPP will not accept certain certifications
from certain agencies.  They have the right to do this and I agree with
it.  

Art.


 -----Original Message-----
From: 	Nick Radov [mailto:NRadov@ax*.co*] 
Sent:	Friday, July 12, 2002 11:52 PM
To:	Udo Rotmistrenko
Cc:	quest@gu*.co*; techdiver@aquanaut.com
Subject:	Re: GUE and Drivers License


The dive boat issues have already been beat to death but I'm a little
puzzled over this concern over whether or not NE dive shops will "honor"
GUE certification cards for gas fills. I used to get trimix fills from
CA dive shops without having any "trimix" card at all. Now I have a GUE
card but no one has ever asked to see it. In my experience if you walk
up to the gas mixer and tell him exactly what you want like you know
what you're talking about no one will give you any hassle.

If you really want to get some changes made then join with a few friends
and set up your own fill station. Commercial gas suppliers don't care
about silly c-cards. Do all your own tank fills, buy all your gear mail
order, and make sure the dive shop monkeys that have treated you badly
know why they are no longer getting your business. Money talks and when
they see they are losing money attitudes will change real quick. On the
other hand, if you guys continue to put up with crap then that is what
you will continue to get. Do you enjoy pounding your head against the
wall?

As for GUE having liability insurance (and it does have insurance), the
only reason shop owners or boat captains should even care about that is
if a GUE instructor were to teach a class using their facilities. If
shops and boats are turning you guys away as paying customers they are
just trying to sell you more classes or advance a particular political
agenda. Insurance, or any hypothetical lack thereof, is not the real
reason and using it as an excuse is just a pathetic attempt to confuse
the issue and lead the misinformed astray. Even prospective GUE students
should not care whether their instructors have insurance or not, and any
student who does care is really barking up the wrong tree. We are not
going into classes with the fear that we might die.

-Nick


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