Is there a particular portion of that 277 page PDF that you are alluding to?
What statistics support the suggestion that diving deeper than 40m on air should be against the law?
Do those statistics show that 45m on air is more dangerous than, say, diving deeper than 100m on ANY gas? Or should diving deeper than 100m also be against the law?
Consideration of gas density in diving planning, p. 72.
You're being facetious, surely
If you run a course to 100m equipping your students with a Spare Air and don't teach your students about gas (volume) management, ensuring they have ample gas for the dive, then yes, you should be culpable if they have an injury.
If you run a course to 40m on air and don't teach your students about gas density management and ensuring they have a proper gas for the dive, then yes, you should be culpable if they have an injury.
Let me be perfectly clear.
There is
no controversy in stating that the maximal gas density one could sensibly plan for on a dive, particularly a course dive, is 6g/L, equating to well under 40m on air (about 35m if memory serves).
If planning insensible dives (for instance to 40m on air) with one's students and they get injured, yes, one may well be legally culpable. As one should be.
Trimix shouldn't be optional on deep (course) dives, but obligatory.