MikeFerrara:
An instructor should know better. While it is industry standards to not sell breathing gas to non-certified folks, there is no such standards regarding equipment sales! Review the PADI facility requirements yourself. heck, give the folks at PADI a call. Grandma walks in to buy a reg as a Christmas gift...do you not sell it to her because she isn't a diver? What about all the online equipment sales?
Hell, you don't even need to be a certified divers to own a dive shop and then you buy life support equipment by the truckload!
As I said, an instructor should know better.]
Why? Why do we need an agency? Do you go to an agency to learn mountain climbing or other potentially dangerous sports? This agency nonsense is stricktly a diving thing.
Valid thoughts to examine. I was a OADI instructor and owned a PADI dive shop. though I tried, I was totally unseccessful in having any influence at all on PADI.
As for starting an agency...I already own and run a business and have niether the time, resources or inclination to go back into the dive business.
I also don't care anything at all about saving or fixing the industry. I share my experiences in the dive industry and the opinions that grew from them strictly for the purpose of providing information to others who might make use of it. Other divers and students of diving concern me because I view them as peers and I went through many of the same problems they have but I have no interest in helping the agencies. They already got enough from me.
This board and specifically this forum is about education and sharing ideas so there are lots of us contributing to the education of others. Personally, I can't ask local divers to consult me before signing up for a class because the three closest class that I could recommend is in Detroit, Ohio (I think) and Kentucky. I'm in Indiana and can't really recommend anything local that I know of. I will say that one local shop has new owners so I can't say anything about them one way or the other.[QUQOTE]
I don't agree with everything you guys are saying, but you've got a lot of good ideas, and you seem to care it about it, so why not write the book, start the agency, issue your own cards? Don't just drop out or fight a losing battle with PADI.
For me, the book is still a possibility. My wife and I discussed it again the other day and I still really can't decide exactly how to approach it. Specifically, I haven't really defined the scope of it.
I won't issue my own cards because I'm not goint to put the effort into searching for an insurance carrier who would be willing to provide UW liability insurance.
I already addressed the agency issue some but the first tier customer of the agency is the shop and instructor. Shops want to certify lots of divers and sell equipment. They won't take well to anything thet they percieve as making that harder. In the current business model that's most common in the dive industry an agency that I might invision wouldn't generate any interest at all.
Why shouldn't we just drop out of the fight and is there a fight at all? As much as I like diving and as interested as I am in dive instruction, there are other things in life. As far as world problems that we can devote ourselves to trying to fix, this doesn't rate all that high on the scale. I mean really...it's a few fairly wealthy people who buy some fancy toys, a certification, make a mess of the underwater environment where they dive and a few who get hurt doing something they chose to do. Small stuff really. I guess, in all honesty, spending a little time here on the board discussing the issue and some time at dive sites rubbing elbows with other divers, including new divers as well as instructors, is about all I'm willing to invest in the matter beyond what I've already invested. For the record, though, I did spend a few years and about all my personal resources running a dive shop with the intention of offering an alternative. I ran out of steam and money.[/QUOTE]
As an instructor I should know better? And I should ask PADI? I don't think so.
(1) I am not a PADI instructor. I am not going to ask PADI.
(2) I am a lawyer. As a lawyer, it strikes me as a really bad idea, for a dive business whose business includes certifying divers, to sell life support or gas to somebody who is not certified. From a legal perspective, I can't see any way to distinguish between selling gas and selling gear. As far as I can see, selling gear to granma to give as a present could be a problem. If you know it's going to one of your customers who you know to be a certified diver, maybe it's different, maybe not. As for the internet, I think that's a problem. There are internet drugstores, too, and some of them sell without prescriptions. Does the fact that they do this mean they aren't liable?
(3) Earlier in the thread somebody (I think Thalassamania) said legal counsel had advised him on the question of checking cards and said it was better not to. I would be very interested in hearing the reasoning on that, and not to argue about it, but to understand it. I get convinced that I am wrong on these kinds of things all the time. The way I see it, if your policy is to check for cards and you follow through on the policy, you have not incurred liability, but have in fact shielded yourself from liability. If your policy is to check and you don't in fact check, you could be in trouble. If you have a policy to check, you should fire any employee who doesn't.
(4) I did some quick searching on the web (not in specialized legal resources, which are pretty costly) to see if I could find anything on providing gear or gas to uncertified divers. I couldn't find any cases, but did find this from PADIs Standard Safe Diving Practices Statement of Understanding, which is part of the standard release (yeah, I know I said I wouldn't call them, but I found this in the course of the other search). "I, _____________, understand that as a diver I should:* * * 3. Use complete, well-maintained, reliable equipment with which I am familiar; and inspect it for correct fit and function prior to each dive. Deny use of my equipment to uncertified divers." Now, this is clearly not definitive, but why do they have divers agreeing to deny the use of equipment to uncertified divers unless there is a liability issue for dive operators, training agencies, etc.? I suppose there could be another explanation, but the most logical one seems to be a liability issue.
(5) In the course of the search mentioned in (4), I found an article that appeared in a publication of the Association of Trial Lawyers of America, the organization of plantiff's lawyers (which just decided to change its name), titled "Diving into Scuba Litigation," which describes, very generally, what is involved in scuba litigation from the planintiffs' lawyers perspective. Here's a link to the article:
http://www.medlawlegalteam.com/article_jenner_scuba.html. The article says "A dive shop will not permit a diver to rent equipment without a valid certification card, nor will a professional dive boat permit such a diver to board." Regardless of what the actual practice is, if that's what ATLA's members think, it's likely you would get sued for providing gear or gas without checking cards. You might win, but I would be willing to bet they would come after you.
I don't think there's any need for a new agency either, but I thought it was the logical outcome of the discussion that was underway, you had to at least raise the question, even if you concluded there was no need.
It just seemed to me that you had a lot of carefully thought-out things to contribute and could contribute to fellow divers (regardless of the agencies). Although, as you say, you don't care about the industry or the agencies, you clearly care about fellow divers and have something to offer.
I think agencies serve a purpose. I think it's likely that they have forestalled government regulation of the sport. Mountain climbing has been around practically forever, since before the government regulated as much of our lives, so it would be much harder to regulate now. But recreation scuba got its start after WWII and became really popular during a period of intense governmental regulation. If the industry hadn't done something to set its own standards, we might very well have had government regulation. I doubt anybody would like that better.
Keep thinking about the book. I do realize you used to own and run a shop. Ive read every entry in the thread and a bunch of other stuff youve posted as well. From your posts, it sounds like you care about this more than youre admitting now. Maybe being an active instructor isnt in the cards because of the economics or because its frustrating, or whatever, but you ought to think about the book.