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I would say a DM SHOULD speak up (tactfully, as pointed out before) if he/she overhears dangerous advice. I would THINK he would not be in legal trouble if he stayed mum. I would THINK it would be legally risky for a DM HIMSELF to advise OW divers to go below 60'. I've been told by some this is a breach of standards. As mentioned before, I KNOW of several well-established shops-- and have read of MANY MORE--saying "If you are OW only you can hire a DM to do this or that". Well, if you were "qualified" to go deeper or into more dicey situations than "conditions equal to or better than what you were trained in", then why would you NEED to hire a DM to go with? OW divers with hundreds of dives or more are not in fact inexperienced, obviously. Exactly where agancies stand on this as far as depth, etc. goes, TO ME, is not clear. As well, aside from depth, "conditions equal to or better than those you were trained in" is also extremely vague. I guess it could mean if you were trained in a calm lake you should never go to the ocean. If trained in the ocean on a calm day, you should not attempt rougher water or go near any measureable current. I reality many people gain experience on there own without classes and do in fact increase their depth. Is this OK with the agencies? My point is this seems to be quite a grey area indeed.