Marine Board Diving Regulations 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Statutory%20Instruments/Marine%20Board%20Diving%20Regulations%201997.pdf

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Marine Board Diving Regulations 1997
Title 22
Laws of Bermuda Item 3(zc)

1989 Revision 1

BERMUDA STATUTORY INSTRUMENT

BR 4/1997

MARINE BOARD (DIVING) REGULATIONS 1997

[made under section 102 of the Marine Board Act 1962 [title 22 item 3] and
brought into operation on 7 March 1997]

ARRANGEMENT OF REGULATIONS

1 Citation
2 Interpretation
3 Divers, etc. to be licensed
4 Minister may issue licence
5 Powers and duties of

divers, etc.
6 Diving flags
7 Minister may appoint

inspecting officer
8 Inspection of diving

service, etc.
9 Inspection fee
10 Regulator
11 Supply of air

12 Diving areas
13 Display of licence
14 Offences, etc.
15 Revocation of licence
16 Appointment of

Examining Committee
17 Insurance
18 Minister not liable for

damages
19 Code of safe diving

practice
20 Revocation of S.R.&.O. 10

of 1963
21 Transition and Savings

Citation
1 These Regulations may be cited as the Marine Board Diving
Regulations 1997.

MARINE BOARD DIVING REGULATIONS 1996

2 1989 Revision

Interpretation
2 In these Regulations, unless the context otherwise requires,—

"certified diver" means a person who holds an open water scuba
diving qualification from an international scuba diving
organisation approved by the Minister;

"diver" means a certified diver who for hire or reward acts, or
offers his services, as a diving instructor or as a diving guide;

"diving boat" means any type of craft, raft, float or other device
from which diving can be conducted and which is used for
that purpose;

"diving code" means the code of safe diving practice issued by
the Minister under regulation 19;

"diving equipment" means any equipment, apparatus or device
which enables a person to remain under water for an
extended period and includes, but is not necessarily
restricted to, scuba, pump, compressor, hose, tank, valves,
regulator, air-supplied mask, helmet harness, weighted belt,
fins, face mask, snorkel and buoyancy compensator;

"diving instructor" means a person who, for hire or reward,
undertakes to instruct other persons in diving or in the use of
diving equipment and includes a helmet diving instructor;

"diving operation" means an operation in which a scuba diving
instructor instructs other persons in diving or in the use of
diving equipment;

"diving service" means any trade or business offering instruction
in diving or in the use of diving equipment;

"Examining Committee" means an Examining Committee
appointed under regulation 16;

"inspecting officer" means a person appointed by the Minister
under regulation 7 to inspect divers, diving services and
diving equipment;

"licence" means a licence issued by the Minister under regulation
4;

"novice diver" means a person other than a certified diver who is
not less than twelve years of age;

"prescribed fee" means the fee prescribed under the Government
Fees Act 1965; and

Title 22
Laws of Bermuda Item 3(zc)

1989 Revision 3

"scuba" means self-contained underwater breathing apparatus.

Divers, etc. to be licensed
3 A person shall not operate a diving service, or act, or offer his
services, as a diver unless——

(a) he is at least eighteen years of age;

(b) he satisfies the Minister as to his competence; and

(c) he is in possession of a valid licence issued under
regulation 4.

Minister may issue licence
4 (1) The Minister may, subject to the provisions of this
regulation, on application being made to him in the prescribed form and
on payment of the prescribed fee issue a licence to the applicant—

(a) to operate a diving service; or

(b) to be a diver.

(2) A licence issued under paragraph (1) may be subject to
such terms and conditions as the Minister considers appropriate and
shall be endorsed with a statement—

(a) of the functions which the licensee is licensed to
perform; and

(b) of the particular type or types of diving equipment which
the licensee is licensed to operate as a diver.

(3) A licence issued under paragraph 1(a) shall, unless
cancelled or suspended under these Regulations, be valid for a period of
one year commencing on the date of issue of the licence and may be
renewed from time to time.

(4) A licence issued under paragraph (1)(b) shall, unless
cancelled or suspended under these Regulations—

(a) be valid for a period of one year commencing on the date
of issue of the licence;

(b) thereafter may, on the payment of the prescribed fee, be
extended for a further period of four years; and

(c) on the expiration of the period of extension, if any, may
from time to time, be renewed for a period of five years.

(5) A diving licence issued under regulation 2 of the Marine
Board (Aqua Lung) Diving Regulations 1963 and in force on the date of

MARINE BOARD DIVING REGULATIONS 1996

4 1989 Revision

the coming into operation of these Regulations shall, on that date, be
deemed to have been issued under these Regulations and unless
cancelled or suspended under these Regulations shall remain in force for
a period of five years and thereafter may, from time to time, on payment
of the prescribed fee be renewed for a further period of five years.

(6) Where, for the purposes of regulation 13, a licensee requires
more than one licence, the Minister shall, on payment of the prescribed
in respect of each additional copy, supply the licensee with additional
copies of the licence.

Powers and duties of divers, etc.
5 (1) Subject to paragraph (3) the person in charge of a diving
operation shall—

(a) be responsible for the control of all persons taking part
in the diving operation and shall ensure that all
precautions necessary to secure the safety of those
persons are taken; and

(b) satisfy himself as to the efficacy of all diving equipment
prior to such equipment being used in the diving
operation; and

(c) if he is satisfied that it is in the interest of the safety of a
person, or otherwise thinks it expedient so to do, require
that person not to take part in the diving operation or, if
the person is already taking part in the operation,
require him to leave the water.

(2) The person in charge of a diving operation shall, before the
commencement of the diving operation require all persons intending to
take part in the operation to complete and sign a medical questionnaire;
and a person shall not be allowed to take part in the operation if—

(a) he refuses to complete the questionnaire; or

(b) the person in charge of the diving operation is satisfied
after such completion, that it would or might be unsafe
to allow that person to take part in the diving operation.

(3) For the purposes of this regulation and regulation 6—

(a) "person in charge" means a diving instructor or, in the
case of more than one diving instructor, the senior
diving instructor;

(b) a diving instructor shall be deemed to be senior to a
diving guide; and

Title 22
Laws of Bermuda Item 3(zc)

1989 Revision 5

(c) as between diving instructors seniority shall rank in
accordance with the date of issue of the diving
instructor's licence.

Diving flags
6 (1) The person in charge of a diving operation shall, while
diving is in progress, cause to be flown from the diving boat, in a clearly
visible location, a rectangular red flag having a diagonal white stripe, (in
this regulation called "a diving flag").

(2) A diving flag shall be not less than 0.6 metres (24 inches) in
length and not less than 0.5 metres (20 inches) in width.

(3) A person approaching an area of water where a diving boat
is flying a diving flag shall, within 100 metres of the diving boat—

(a) proceed with caution and, in any event, at a rate of
speed not exceeding 5 knots; and

(b) have regard to the safety of persons taking part in the
diving operation.

Minister may appoint inspecting officers
7 The Minister may from time to time appoint such persons as he
considers fit and proper to be inspecting officers.

Inspection of diving service, etc.
8 (1) All diving equipment shall, in accordance with the diving
code, at all times, be maintained in good working order.

(2) An inspecting officer shall, at intervals not exceeding twelve
months, carry out an inspection of a diving service, including all diving
equipment appurtenant thereto for the purpose of establishing whether
the diving service complies with the diving code.

(3) Subject to paragraph (4), a person shall not, for hire or
reward, cause another person to use any diving equipment unless such
equipment has been inspected in accordance with paragraph (2).

(4) Paragraph (3) does not apply to new diving equipment
where such equipment arrived in Bermuda not later than twelve months
prior to its use.

Inspection fee
9 The prescribed fee shall be payable in respect of the inspection of
a diving service or equipment, or any part of such service or equipment.

MARINE BOARD DIVING REGULATIONS 1996

6 1989 Revision

Regulator
10 No person other than a licensed diving instructor, shall cause or
allow a novice diver to use a regulator in a diving operation.

Supply of air
11 (1) An air cylinder intended for hire or reward shall, before
being filled, be tested in accordance with the provisions of the diving
code.

(2) A person shall not, for hire or reward, supply air for diving
equipment unless the installation which supplies the air has, within the
period of twelve months preceeding such supply, been inspected by an
inspecting officer.

Diving areas
12 (1) The Minister may, by notice published in the Gazette,
declare any area of water to be—

(i) a prohibited area in which no diving shall be
carried out; or

(ii) an area of water in which diving may be carried
out subject to such restrictions as may be
specified in such notice.

(2) No person shall dive in an area of water declared to be a
prohibited area under this regulation, and no person shall dive in an
area of water in contravention of any restriction specified in the notice
published in the Gazette in respect of that area of water.

Display of licence
13 (1) The holder of a licence to operate a diving service shall
prominently display the licence, or a copy thereof, in all premises
connected with the diving service.

(2) Copies of licences issued to an employee shall, at all times,
be available on the premises for inspection by an inspecting officer.

Offences, etc.
14 (1) A person who neglects or fails to comply with any provision
of these Regulations is guilty of an offence and, subject to paragraph (2),
is liable on conviction by a court of summary jurisdiction to a fine not
exceeding $1,000 or to imprisonment for a term not exceeding six
months, or to both such fine and imprisonment.

Title 22
Laws of Bermuda Item 3(zc)

1989 Revision 7

(2) The court may, in addition to any other sentence imposed
under paragraph (1), order the licence (if any) to be cancelled or to be
suspended for a term not exceeding two years.

Revocation of licence
15 (1) If at any time it is made to appear to the Minister that the
holder of a licence issued under these Regulations has ceased to be a fit
and proper person to hold such licence, the Minister may, by order,
suspend his licence until such time as the holder of the licence appears
before an Examining Committee.

(2) The Examining Committee shall inquire into any allegations
made in respect of the holder of a licence and shall take into
consideration any reply made by him to the allegation, and then shall
make to the Minister such recommendations as it may think
appropriate.

(3) Upon receipt of the recommendations of the Examining
Committee the Minister may either revoke the order suspending the
licence or he may revoke the licence.

Appointment of Examining Committee
16 (1) For the purposes of regulation 15 the Minister may from
time to time appoint such persons as he considers appropriate, not
exceeding three, to be members of an Examining Committee.

Insurance
17 No licence shall be issued by the Minister to a diving service
unless there is in force in respect of such service a policy of insurance
against third party risks liability to a minimum of $25,000 for every
person involved in a diving operation in respect of damage or injury.

Minister not liable for damages
18 Nothing in these Regulations shall be construed as imposing on
the Minister or on an inspecting officer any liability for damages arising
from the issuing of a licence or from the inspection of diving equipment.

Code of safe diving practice
19 (1) The Minister shall issue a code of safe diving practice
containing such provisions as the Minister considers appropriate to
ensure safety and may from time to time amend such code.

(2) A failure on the part of any person to observe any provision
of the diving code shall not of itself render him liable to any proceedings;
but in any proceedings under these Regulations before a court or the
Examining Committee any code of practice issued under this regulation

MARINE BOARD DIVING REGULATIONS 1996

8 1989 Revision

shall be admissible in evidence and if any provision of such a code
appears to the Examining Committee or the court to be relevant to any
question arising in the proceedings it shall be taken into account in
determining that question.

Revocation of S.R.&O. 10 of 1963
20 The Marine Board (Aqua Lung) Diving Regulations 1963 are
revoked.