Question Accountability situation Malta

[Graeme Fraser]

I’ve dived in Malta quite a few times, the last being a weeks dive trip around the mainland, Gozo and Comino about 18 months ago. Malta is a very popular European dive destination and heavily promoted as such by the Maltese government. During our last trip, fresh out of Covid, we received huge government sponsored incentives and discounts to go. Hell, they pretty much paid us!

I’d have precisely zero concerns about buddy accountability, unless you’re doing something really stupid. Diving is big business there and the last thing they want to do is spook the punters.

 

[Edward3c]

In both cases cited they were not diving under the supervision of a dive operator. Maltese diving regulations hold the leader of diving operations liable, so tourists using a dive shop should be OK, unless you do something stupid.

 

[Cheizz]

Well, it's the great wreck dives from shore that make Malta a great diving destination. So I can imagine doing some dives on one's own, just renting gas and lead from a dive shop.

 

[BlueTrin]

Also, you have to take in account the statistics.

There has been two people in such cases in 10 years+. If you estimate that there are over 100k diver tourists a year (not sure if this figure is reliable) then you are worrying about a 1 out several 100k events.

 

[berndo]

I’d have precisely zero concerns about buddy accountability, unless you’re doing something really stupid.

I agree and that goes for pretty much all other countries too.

 

[Brett Hatch]

I would be curious to hear @Miyaru 's thoughts on this.

 

[Edward3c]

The Maltese regulations are here. Also, it appears solo diving is illegal.

 

[ScubaWithTurk]

The two incidents did not deter RB4 from being scheduled to take place there in April.

 

[SlugLife]

So are you saying I should be worried about the Maltese courts and District Attorney for launching these lawsuits (1) and the fact that the courts can be influenced so easily by public opinion (2)?

Is anything in the works - amendments of law for instance - to mitigate this? Does anyone know?

1) I can only tell you what concerns me personally; and there's enough vagueness and unpredictability here that I wouldn't try to say someone should or shouldn't be worried.

2) I'm not criticizing the court over public opinion in this case. I'm just pointing out a likely influence on the case, though I don't know that for certain.

The point on #2 is just something to think about. If you were charged or sued, would you also get the same level of support from the dive community? Maybe, it's worth trying anyway.

edit: I'm just talking about how I personally see the risk, not about what anyone else should do. For me personally, what I've seen suggests Malta's legal system around diving is problematic and I have no intent on diving there.

 

[Miyaru]

The entire diving community in Malta was outraged with the court's decision.
If you read between the lines, the Maltese just wanted to blame the death of a national on someone.

Diving regulations are not stricter than anywhere else, except that Open Water certified divers have to dive under the supervision of an instructor. Solo diving is allowed, I have done lots of solo dives. Renting tanks/lead and dive or your own: allowed.
The only thing that is not allowed, is freelance teaching. That has to be done through a dive center. This regulation was likely pushed by the dive centers to protect their business.

On the other hand, there are lots of facilities especially for divers. When you drive to Cirkewwa you will see the text "divers" on one lane, which leads to a parking area especially for divers. Cars that have no dive log visible on the dashboard, are fined by the authorities. Over 90% of all dive sites are shore dives which are reachable with a normal car. Both Malta and Gozo have decompression chambers with experienced medical staff. Dive centers service all their equipment yearly, and that is actively checked by the authorities.

Malta is one of the best diving destinations in Europe. Lots of shallow sites (Malta), deep sites (Gozo), wrecks, caves, walls, arches, with generally amazing visibility. The incidental bad story makes headlines, the numerous awesome dives do not.