Quote: (Originally Posted by decoweenie)
I think the discussion about the requirement is about liability and "legal".
If you (general term, not particular) don't have a driving license, yet still drive, then you are breaking the law. If you get into an accident, then insurance will not pay for you or the people you hurt even if you managed to get it written up somehow.
If you don't have the certification on Rebreather, and if you died diving off a charter boat, they could be liable.
Also, if you are in trouble with the unit u/w since you didn't have the training, someone else might get hurt trying to help you.
I am all for training in any form: formal thru agency, mentor or self-training. However, without knowing someone well enough, how can anyone know someone else's capability without at least some proof of "training" ?
Yes, having a license to drive or certification to dive doesn't necessary mean that the person is a great driver or diver. But at least there was some form of formal training and qualifying done...
After all, we don't live in a perfect world. And everyone can't have everything their way, but at least we have some regulations to keep some level of minimum safety for those who could abide by them.
Not trying to get into an argument.
Just trying to clear some things up.
So, If I'm speeding in a car. I'm breaking the law. So, insurance company can deny my claim if I wreck while speeding? And not pay for the people I wreck into? If I turn in front of someone. Not yielding the right of way. They don't have to pay? If I'm drunk and wreck into someone and kill them. They don't have to pay? What happens is I get a ticket or go to jail. Insurance still pays. It was my responsibility to get the drivers license. BUT, it's also the Insurance companies responsibility. To check my drivers license. If they didn't check. That judge on the case is going to make them pay.
Insurance can deny for a lot of stuff. And they usually do.
If I'm diving my IDA71 or IDA72 or Homebuild off a Charter boat. Nobody certifies on those. So, they are liable?
If I buy a IDA71 or IDA72 you're saying I'd have to have certifications for them before I could buy them?
Liable is kinda a bull lawyer term. You trip on a rock that was out of a neighbors driveway your neighbor could be liable.
So, car analogy. Can you sell a car to someone who doesn't have a drivers license. Yes. If they wreck it can they sue you yes. If they had a drivers license and wreck it can they sue you, yes. If both of them park it in the driveway and let it rust to the ground can they sue you. Yes. Are they going to win? Depends. On who paid the most for there lawyers.
It matters very little about the law. It matters a lot about the lawyer and the judge.... Welcome to the US.... It ain't perfect. But, I'll stay here...
As a private person you can pretty well sell anything to anybody you want. Except guns. Can you be more or less liable. Well of course. Are you breaking a law. No...