Why are 2 AOW-level divers allowed to dive unaccompanied?

[Tigerman]

nope, if you come with your buddy.
but ask if they can fill your tanks with helium, and if they have a operator certified for trimix.
the operator must know trimix and/or rebreather security procedures to allow you to dive.
that's also for your security.

So basically, for my safety Im not allowed to be a more qualified diver than the guys I pay for the privilege of diving... makes perfect sense...

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[mathauck0814]

So basically, for my safety Im not allowed to be a more qualified diver than the guys I pay for the privilege of diving... makes perfect sense...

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This isn't unique to French Polynesia. There are a host of places that I refuse to visit (or visit again as I was ignorant in some instances) on account of their nanny state rules. Cozumel, Belize, Queensland, etc.

 

[DuboisP]

So basically, for my safety Im not allowed to be a more qualified diver than the guys I pay for the privilege of diving... makes perfect sense...

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not the same rules
in Usa, the boat captain is only a boat captain, he's not a diver.
in France, he's generally a diving professional, not a taxi driver, and in charge of the divers.
no discharge of responsability allowed.

 

[mathauck0814]

not the same rules
in Usa, the boat captain is only a boat captain, he's not a diver.
in France, he's generally a diving professional, not a taxi driver, and in charge of the divers.
no discharge of responsability allowed.

Are you referring to the law or just the way it happens to be? Of the more than 30 dive boats I know of in California I can assure you the Captain is also a dive professional. There's no law that says a captain must be a diving professional, but there's so much more money in most other marine pursuits that the only people who get into it are divers.

 

[boulderjohn]

not the same rules
in Usa, the boat captain is only a boat captain, he's not a diver.
in France, he's generally a diving professional, not a taxi driver, and in charge of the divers.
no discharge of responsability allowed.

Are you referring to the law or just the way it happens to be? Of the more than 30 dive boats I know of in California I can assure you the Captain is also a dive professional. There's no law that says a captain must be a diving professional, but there's so much more money in most other marine pursuits that the only people who get into it are divers.

In the USA, the captain is also very much in charge of the divers, and there can be no discharge of responsibility.

That was a major flaw in a recent lawsuit in California. In that case, a dive club chartered a boat, and their DMs ran the operation. They made a serious mistake in conducting that operation and were successfully sued for that error. However, an expert witness who was never called to the stand because of an attorney error (this is according to the expert witness, who told me about it) was prepared to testify that according to the law, the responsibility for conducting the operation lay with the captain of the boat, and he could only discharge that responsibility to employees under his command. The DMs did indeed make an error, but they should not have been allowed to be in a position to make that error.

 

[mathauck0814]

In the USA, the captain is also very much in charge of the divers, and there can be no discharge of responsibility.

That was a major flaw in a recent lawsuit in California. In that case, a dive club chartered a boat, and their DMs ran the operation. They made a serious mistake in conducting that operation and were successfully sued for that error. However, an expert witness who was never called to the stand because of an attorney error (this is according to the expert witness, who told me about it) was prepared to testify that according to the law, the responsibility for conducting the operation lay with the captain of the boat, and he could only discharge that responsibility to employees under his command. The DMs did indeed make an error, but they should not have been allowed to be in a position to make that error.

I interpreted DuboisP's statement to mean that in France the captain had to be both a Captain and a Divemaster; whereas in the US there's no legal requirement for it, that turns out to be the way more often than not (here, at least).

 

[boulderjohn]

I interpreted DuboisP's statement to mean that in France the captain had to be both a Captain and a Divemaster; whereas in the US there's no legal requirement for it, that turns out to be the way more often than not (here, at least).

Perhaps. I interpreted it to mean that he believes that the captain in the USA are not in any way involved with the dive operations, which is not true.

 

[Dr. Lecter]

d) This is the difference between should and must.

This is ever-increasingly not the case, sadly, particularly in the EU.

 

[Frosty]

And again...French Polynesia NOT France!!!. Frosty I can refer you onto the op in New Caledonia recommended by my French Polynesia Op if you want. This is one of the benefits of being CMAS certified. Again, the gendarmes are not ever a bother until there is an incident and they react swiftly and professionally - they take their divers well being seriously, its a major source of income for FP.

Do tell???--seriously mon because there only seemed to be two operating from Noumea.Both only seemed to do two dive DAYS. Both seemed to be avoiding the law by being dive clubs.

---------- Post added July 7th, 2014 at 12:17 PM ----------

I interpreted DuboisP's statement to mean that in France the captain had to be both a Captain and a Divemaster; whereas in the US there's no legal requirement for it, that turns out to be the way more often than not (here, at least).

My understanding is that the captain/dive op owner is held ultimately responsible for any death or injury that occurs on his dive trip.
As such under their law he is held more responsible than an instructor with a student even if he never leaves the boat.--so the pecking order is-diver-dm-instructor-boat operator.
have a look at this--http://www.newcaledonia-diving.com/divingcenters/noumeadiving/nduk.htm
It just so happens im investigating diving next easter in FP--Incidently--Vanuatu is NOTHING like this

 

[Wingy]

Not sure how your French is Frosty but have you checked out Abyss Plongee Abyss Plongée - Club de plongée en Nouvelle Calédonie - Diving in New Caledonia and Wetr - fiche. Two dives a day are pretty standard in FP too but Wetr and Abyss both give the optional pricing for a night dive (plongee nuit) - dont write off FP because you will miss some of the best diving in the world and unless you are diving with someone who decides at 24 dives they want to do Tipuata and ends up in hospital you will never see the gendarmes