“Duty of Care” when taking others on personal vessel, to dive

[Belzelbub]

That applies to inspected passenger vessels, specifically, vessels carrying more than six passengers for hire that are under 100 tons. See §175.110.

Yep. You are right.

Here is a guide to the USCG regulations applicable for recreational vessels. No separate section on a first aid kit. So appears to not be a federal requirement. State requirements may differ and supersede federal in state waters.

https://www.uscgboating.org/assets/1/AssetManager/Boaters-Guide-to-Federal-Requirements-for-Receational-Boats-20231108.pdf

 

[NW Dive Dawg]

IWR does not always mean putting a "bent" diver back in the water. It can also be a cautionary measure.

Yes it does by definition. The term IWR specifically refers to a treatment for a bent diver. Sending a non-symptomatic diver down back down after a questionable profile may be a good idea, but it's something other than IWR.

OK....... Good point on the commonly accepted capitalized acronym. I should have just said "in the water recompression". The indisputable fact is that when a scuba diver ascends to the surface, they decompress. Then if that same diver then descends back to 15 ft, they recompress.

 

[NW Dive Dawg]

I really should have added that the primary reason for me having an "O2 hanger" under my boat at 15 feet is not for IWR......but rather to have the added option of switching to 100% for 3-5 mins at a normal safety stop...

 

[lowwall]

I really should have added that the primary reason for me having an "O2 hanger" under my boat at 15 feet is not for IWR......but rather to have the added option of switching to 100% for 3-5 mins at a normal safety stop...

Needs a name.
Super Safety Stop
Safety Stop ++
NWDDSS
Safety StO2p

 

[Sea_Jay]

No, you aren't legally required to carry O2. In fact, unless you have an 02 Provider cert, you may have some difficulty getting 100% O2 fills. Oxygen is classified as a drug.

No. Not as a lay person. A professionally trained Dr. or first responder may have a duty to help, but even then, the victim may refuse aid. Some of this is covered in a First Aid/EFR course. Which I would recommend taking anyway. One of the things that was made pretty clear in this course is that you need to get permission from the victim to help. One caveat is if the victim is unconscious. In that case, consent is presumed.

There are some that have divers on their private boat sign a waiver. That probably doesn't hurt too much, but not ironclad either.


A Captain's license is required for a for-hire vessel. A Captain's license is generally not required for a private vessel. There are rules around contribution amounts to keep the trip private vs. charter. Authorities in some areas have been cracking down on illegal charters. A rule of thumb is that the passengers can contribute to a share of the expenses. The owner can post on social media to take out additional divers with an expectation of a share of fuel, ice, etc. costs. Posting a set amount as a fee is where it gets into trouble.

And as far as courses go for a private vessel. It depends. I technically do not need to have taken any course or need any license to operate my boat. I did take a course, but it isn't required for me because I've been grandfathered in. Law was passed in FL requiring education, but everyone born before that date is exempt. Even then, it's not a license. It's an education requirement.

Agreed with this 100%.

I agree with all of this, I *am* certified to provide O2, and I've done the EFR course. I just hear things from people all the time (working in the industry) and I was curious of the legal parameters.

Funny thing, we had a rowdy group of college students come in the other day (on their way to Key West) and they wanted us to fill O2 so they had a hangover remedy. They had the cylinders and regulators but we [obviously] turned them away, which they were very upset about. I explained to the ringleader of the group that they had no right to access 100% O2, which subsequently turned into an argument.

But having been around O2 I tend to agree with the requirements & how it is treated...

 

[Wookie]

[obviously] turned them away

Why is this obvious?

Did you expect a visit from the oxygen police?

 

[Sea_Jay]

Why is this obvious?

Did you expect a visit from the oxygen police?

No -- it would be presumed obvious because a multi-million dollar dive operation isn't going to dispense 100% oxygen to people who admitted that they have no legitimate reason for it?

 

[Sea_Jay]

Why is this obvious?

Did you expect a visit from the oxygen police?

Imagine a group of spring breakers cracking open an O2 valve rapidly & causing a flash fire, which leads to the motel catching fire & killing the innocent family in the room next-door?

Imagine they slowly crack the O2 and start administering it to their buddy, and one of the other occupants lights a joint - or a cigarette - too close to the O2 canister?

Who do you think the lawyers are going to come after?

 

[Wookie]

Imagine a group of spring breakers cracking open an O2 valve rapidly & causing a flash fire, which leads to the motel catching fire & killing the innocent family in the room next-door?

Imagine they slowly crack the O2 and start administering it to their buddy, and one of the other occupants lights a joint - or a cigarette - too close to the O2 canister?

Who do you think the lawyers are going to come after?

You said they have the regulators and cylinders, one might draw the inference that they wouldn't crack an O2 valve rapidly.

You almost sound like you believe O2 is flammable. Or dangerous.

Or one needs some sort of qualifications either buy it or dispense it.

 

[Sea_Jay]

You said they have the regulators and cylinders, one might draw the inference that they wouldn't crack an O2 valve rapidly.

You almost sound like you believe O2 is flammable. Or dangerous.

Or one needs some sort of qualifications either buy it or dispense it.

"Inference" is a fun term, in court......what if you owned the dive op? Hypothetically? Would you fill the cylinder?