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View Full Version : Leave Spain Alone - Reference to Age


Alan Gallagher
05-05-2003, 18:01
My name is Alan and I have been working as an instructor for over 14 years now with CMAS and PADI. Having worked all over the world I have came across many diving good and bad. Now I'm working in Spain near the Costa Brava. We all know about the laws but this is not the issue here. I have worked in Tenerife 4 years ago and I have read these forums from time to time. It is very hard to be legal in Spanish countries, it is much easier now than it was. With regards to the law, nearly EVERY school under Spanish law have broken the law. It's not that they mean to, but circumstances sometimes leave them no choice. There seems to be a lot of competition in Tenerife where people are trying to destroy other schools. If this carries on then all this gossip!! will carry on to mainland and basically we don't want it here. People like myself have families to feed and mortagages to pay. If there is any dive centre in the Canaries who has never taken in somebody under the age of 16 then go ahead and say your views, don't decide to be all good now. We all know not one school can say they haven't done it. These forums and discussions only open up problems which should be left alone. If you have a good dive or think a school is bad then talk about it, but these issues are only opening up other issues which we all know are sleeping just now. Business is hard enough and as we are just getting into our season, Spain does not need to draw attention to themselves. There are websites here in mainland with very high profile people from diving organisations with pictures of the children on the web site diving. I will not elaborate on this but there is a loop hole in the law which would completely shift the burden from the dive centre onto the parents, especially if the parents dive and also there are insurance companies which DO say the under 16 year olds are insured. This is a grey area and even the Spanish federation F.E.D.A.S. instructors take in under 16's in some area's. This is an issue which should stop now and people should be left to make thier own choices. We are under enough pressure from the Guardia without these forums drawing attention to issues which should be the parents decision at the end of the day. There are many laws which affect us, like driving with tanks, transporte certificados, compressors in residential areas, boat listing's which are only now being affected in the Canaries etc etc We know here in mainland that the Canaries suffer the same problems as us and we know it is IMPOSSIBLE to be 100% legal as they don't even have laws to accommodate what we do. So all divers and dive centre's I ask you all in respect to stop these discussions as none of you know 100% including myself what is right. If the parent is responsible and the insurance companies will insure them then, then the choice is personal. Leave dive centres to make their own desicions on how they run their business. If they are good person and run a good school then leave them alone. If they are unsafe and have a history of unprofessional behaviour etc, then talk. Thank you all for taking your time in reading this, we need to be left alone to make a living.

Nick Kay
06-05-2003, 09:15
Alan

Totally respect what you posted. However, the issue still remains the same - the FEDAS website says 14 is the minimum age and therefore people are confused. I'm an OWI that wanted to dive in Tenerife with my 14yr old OD qualified son. Trying to get a simple Yes/No answer (as the postings confirm), is impossible...

Alan Gallagher
06-05-2003, 16:29
Hello Nick

You will never get your answer. On paper from 1970s the law says 16, this law has been broken by EVERYBODY. It old fashioned and out of date. Not one dive center could say they don't break one law. Many organisations are trying to change it. FEDAS and many others take in 14 year olds and nearly all of us have dived with kids younger than that. Other schools are just waiting to destroy each other. Deal with the people who don't take part in this gossip, as some of them are posting information and they themselves are not 100% correct. Search the dive centers yourself and get a personal answer. There are to many people waiting to destroy other people's lives in this business and it's always the same schools getting their say. There are good schools everywhere so keep looking on your own. Good Luck.

John Williams
06-05-2003, 23:46
Sorry Alan - EVERY commercial entity should be REQUIRED to follow the letter of the law - or be shut down!

If the law is unclear then, as a businessman affected by an unclear law, you have a duty to lobby to get it changed/clarified. However - you must follow the law until it is changed.

I'm absolutely certtain that in any grey area that the insurance company will attempt to back out. However - if they wish to insure people to dive outside of the law then they are plain stupid. They also have a duty to clarify the legal position before they underwrite insurance.

It is not excusable to say "everyone else does it so we must also do it".
You should be advertising the fact that you DO NOT BREAK THE LAW...and shopping all your unscrupulous comptetition to the Garda.
Pretty soon you will be the only show in town...and your family and mortgage will be financially secure.

If the Garda are not interested - the customers should be!
However you should them lobby your MP (or equivalent political representative) to question a law that adversley affects business (and therefore tax revenue) in your parliament (or equivalent body)

I would like to bring my children to dive on the Costa Brava as soon as they are old enough...please try to get this issue sorted out before then!

Is there any way that I can help?
I could write/Email your Minister for Tourism or anyone else you think might have influence. We could also ask others to write supporting your campaign to have the law clarified.


John