Recreational Diving Service Provider Regulations, 2004

L.N. 153 of 2004

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Recreational Diving Service Provider Regulations, 2004

IN exercise of the powers conferred by article 47 of the Malta

Travel and Tourism Services Act, the Minister for Tourism and

Culture on the recommendation of the Malta Tourism Authority has

made the following regulations>-

(1) The title of these regulations is the Recreational Citation and

Scope.

Diving Service Provider Regulations, 2004.

(2) These regulations shall apply to any person, body

corporate or organisation, offering recreational diving services to

the public or to their members.

(3) The provision of Recreational Diving Services is to

be considered a tourism operation in terms of the Act and shall

therefore be subject to the provisions of the Act and to any relative

regulations issued thereunder.

Operational Standards

Requirements for Training.

1. (1) Recreational Diving Service Providers shall ensure that the client

fulfils the prerequisites to take part in the training course envisaged.

(2) When conducting a training course leading to certification by a

recognised training organisation, all the procedures of the recognised training

organisation shall be met.

(3) For entry level courses and taster sessions, the first water lesson

should be conducted in confined water with a maximum ratio of 6 students to 1

instructor unless more stringent conditions are set by the recognised training

organisation.

Teaching and training facilities.

2. Theory lessons shall be carried out in a suitable learning environment,

such as a dedicated classroom, that is free from significant distraction to learning.

This shall provide students with sufficient working facilities and training aids (e.g.

writing surfaces, reference materials, computer, visual or audio materials) to ensure

that students are able to understand the information being presented.

Personnel experience.

3. (1) Only a registered instructor shall conduct the training of recreational

scuba divers up to and including dive leader.

(2) Only instructors who have relevant additional qualifications shall

conduct training courses involving more demanding operational parameters not

covered by the scuba instructor’s qualifications or experience (e.g. night dives,

limited visibility dives, deep dives, wreck dives, dry suit dives, drift dives, cave

dives, nitrox dives, trimix dives, rebreathers)

(3) Divers not yet certified as independent divers shall be considered

as trainees and shall be accompanied in the water at all times by a registered diving

instructor.

(4) Recreational Diving Service Providers may engage dive leaders to

help control clients and improve safety but not to assess or to teach any skills or

knowledge to clients.

B

(5) An individual of at least dive leader qualification shall provide the

contracted services in the framework of guided dives and organised dives. If a

dive requires specific skills beyond the qualifications of a dive leader, the individual

leading the dive shall have received relevant specialised training or have equivalent

experience.

Personnel Qualifications.

4. (1) The qualifications required for a DIRECTOR OF DIVING shall be

at least PADI staff instructor, CMAS 2 STAR Instructor or BSAC Advanced

Instructor or any other equivalents that may be recognised by the Authority from

time to time. (open-water instructor)

(2) The qualifications required for a DIVING INSTRUCTOR shall be

at least PADI Open Water Instructor, CMAS 1 STAR Instructor or BSAC Open

Water Instructor or any other equivalents that may be recognised by the Authority

from time to time.

(3) The qualifications required for a DIVE LEADER shall be at least

PADI Dive Master, CMAS 3 STAR Diver, BSAC Dive Leader or any other

equivalents that may be recognised by the Authority from time to time.

(4) The qualifications required for an INDEPENDENT DIVER shall

be at least PADI Advance Diver, CMAS 2 STAR Diver, BSAC Sport Diver or any

other equivalents that may be recognised by the Authority from time to time.

Organised Diving.

5. (1) A group may include scuba instructors or dive leaders who may

take on some or all of the duties for providing proper supervision of members of

the group in accordance with these regulations. Any such arrangement between

the Recreational Diving Service Provider and the group leader shall be agreed by

both parties, in advance of any underwater activities.

(2) To be entitled to enjoy the service of an organised dive, each client

shall be an independent diver or, if not, he shall be accompanied by a registered

diving instructor. The certification and the client’s personal dive log shall be

checked prior to the dive and details placed on record.

(3) An individual of at least dive leader qualification shall be present

at the dive site and in control of diving activities.

(4) Organised dives which require specific qualifications, e.g. night

diving, wreck diving etc. may only be carried out if each individual client has

appropriate qualifications (speciality certification) or equivalent logged experience.

B

Guided Diving.

6. (1) In order to be entitled to enjoy the service of a guided dive, each

client shall be an independent diver or, if not, he shall be accompanied by a

registered diving instructor. The certification and the client’s personal dive log

shall be checked prior to the dive and the details placed on record.

(2) Guided dives which require specific qualification, e.g. night diving

wreck diving etc. may only be carried out if each individual client has the appropriate

qualifications or equivalent experience.

(3) Guided dives requiring specific qualifications or equivalent

experience, for which the client cannot provide proof of such qualifications or

experience, shall be considered to be training dives and regulation 4 of this Schedule

shall apply.

Locations.

7. The Recreational Diving Service Provider shall ensure that the person in

charge of the dive has the knowledge and understanding of the features and hazards

of the intended diving locality. The person in charge shall make every reasonable

effort to ensure that the site at which the training or diving is to be carried out is

suitable for the clients and the envisaged activity.

Diving Equipment Standards.

8. (1) All diving equipment used for the services shall be of a style currently

in use in the sports diving industry and shall comply with local or European

standards.

(2) All diving equipment shall be safe to use at time of issue and shall

be serviced according to legal requirements and#or manufacturers specifications.

(3) The recreational diving service provider shall establish an

appropriate written service schedule which identifies all individual cylinders,

demand regulators, alternative breathing gas sources, cylinder-support-system and

buoyancy control devices.

Rental of Diving Equipment.

9. (1) The service comprises rental of items of diving equipment to clients

who may use such equipment both for supervised and unsupervised diving activities.

(2) The recreational diving service provider shall ensure that the

personnel understand the characteristics and function of the diving equipment

B

rented. Staff shall be competent to advise clients about the proper fit and use of the

diving equipment in specific diving activities.

(3) Assistance and advice shall be offered to the client in selecting the

proper diving equipment taking into account the envisaged diving activity and the

qualification and needs of the clients (e.g. the proper fit of buoyancy control device

and suits).

(4) Diving equipment provided to client shall be subjected to an

inspection by the recreational diving service provider and the client prior to delivery

in order to ascertain that it is fully operational.

(5) Diving cylinders and scuba demand valves may only be rented to

independent divers who must undertake not to allow these to be used by other

divers of a lesser certification level.

(1)

In these regulations, unless the context otherwise Interpretation.

requires-

“the Act” means the Malta Travel and Tourism Services Cap. 409.

Act<

“the Association” means any duly constituted body of

persons which, in the opinion of the Minister, best represents

the expertise, interests and views of the diving industry in Malta<

“the Authority” means the Malta Tourism Authority<

“breathing gas” means a mixture of inert gases together

with a portion of oxygen which will produce a partial pressure

not exceeding 1.6 Bar at the maximum operational depth<

“BSAC” means British Sub Aqua Club<

“client” means an individual or group of individuals who

utilise the services of a dive centre for the provision of diving

services<

“CMAS” means Confederation Mondiale Des Activites

Subaquatiques<

“competent person” means any person or entity, recognised

by the Authority, who has the necessary qualifications, aptitude,

capabilities and competence to issue certification relevant to a

particular subject indicated by the Authority<

“confined water” means a swimming pool with a maximum

depth of four metres or body of water that offers similar

conditions<

“director of diving” means a diving instructor who runs

the diving services at a dive centre and who is recognised as

such by the Authority<

“dive centre” means the premises from where any person

or entity offers recreational diving services to clients and, or to

members<

“diving equipment” means equipment which includes,

among others, fins, masks, snorkel, cylinder, demand regulator,

alternative breathing gas source, cylinder support system and

buoyancy control device included (if appropriate), a quick

release weight system, submersible pressure gauge (breathing

gas pressure monitor), means to measure depth and time and to

safely limit exposure to inert gas, diving suit (if appropriate).

The specific environment may require appropriate additional

equipment such as an underwater navigational aid, knife and,

or cutting device<

“diving instructor” means a person who has satisfactorily

completed a recognised training organisation course for a diving

instructor, which course is recognised by the Authority<

“dive leader” means a person who has satisfactorily

completed a recognised training organisation course for a dive

leader, which course is recognised by the Authority<

“guided dive” means an organised dive where persons are

also accompanied underwater by a diving instructor or a dive

leader<

“independent diver” means a person who has satisfactorily

completed a recognised training organisation course for an

independent diver, which course is recognised by the Authority<

“licensee” means a person or entity in whose name a licence

to provide recreational diving services has been issued by the

Authority<

“the Minister” means the Minister responsible for tourism<

“open water” means a body of water significantly larger

than a swimming pool, offering typical local sea conditions<

“operator” means the person or entity who actually runs

and manages a dive centre<

“organised dive” means a service, where persons with at

least independent diver status are taken to a dive site and

participate in recreational diving<

“PADI” means Professional Association of Diving

Instructors<

“recreational diving services” means any of the following

scuba diving services offered by any person or entity>-

– training and education

– organised and guided diving for divers

– rental of scuba

– the supply of breathing gases to divers, if supplied

by a dive centre<

“recreational diving service provider” means an entity,

being either an individual or an organisation, including any

individual acting on behalf of such entity, which offers a

recreational diving service<

“recognised training organisation” means an entity,

recognised by the Authority, providing recreational scuba diving

training programmes and certification, and which is responsible

for the quality management of their scuba diver training

programmes<

“risk assessment” means the identification of hazards,

persons who may be harmed by such hazards, and procedures

to be adopted to ensure that the risk is controlled as far as is

reasonably possible<

“scuba” means self-contained underwater breathing

apparatus<

“taster session” means an informal diving experience

undertaken to introduce the client to scuba diving.

(2) Words and expressions used in these regulations

which are also used in the Act shall, unless the context otherwise

requires, have the same meaning as in the Act.

(1) No person shall operate or allow the operation of a

dive centre unless there is a valid licence for this purpose issued by

the Authority.

(2) Applications for a licence to operate a dive centre

are to be made on an appropriate application form issued by the

Authority.

(3) The Authority may issue a licence for the operation

of a dive centre provided that it is satisfied that>-

(a) the issue of such a licence is in conformity with

current tourism policy<

(b) applicant submits to the Authority the required

documentation and information as indicated in the appropriate

application<

(c) the premises from where such tourism operation is to

be carried out conforms with the provisions of regulation 4 of

these regulations<

(d) the person applying for a licence is in possession of

a third party liability insurance for a minimum amount of

Lm100,000 to cover clients and or members in respect of

underwater activities<

(e) the dive centre has a registered director of diving

subject to the provisions set out in regulation 6 of these

regulations.

(1) No person shall offer or provide recreational scuba Dive

premises.

diving services unless he has fixed and immovable premises from

where diving activities are organised.

(2) The premises from where such recreational diving

services are organised shall>-

(a) be suitable and adequate for such activity and shall

be accessible to the public<

(b)

be kept clean, well maintained and organised at all

times<

(c) provide first aid kits suitably equipped for offering

first aid to clients. A first aid kit shall be sited at the dive centre

and on all land and sea transport vehicles used by the centre<

(d) have the contact details for emergency services

prominently displayed, including recompression facilities<

(e) have the provision of emergency call facilities at the

dive centre and at sites from where diving is taking place<

(f) have specific areas for instruction, cleaning and

storing of equipment and for filling of diving cylinders, if such

services and equipment are provided.

(3)

The licensee and operator of a dive centre shall ensure

(a) the name of the dive centre is prominently displayed

outside the premises, and

(b) the name of the director of diving is displayed inside

the premises.

(1) It shall be the duty of the licensee and the operator of Maintenance.

the dive centre to ensure that the premises being used as a dive centre,

the diving equipment and other accessories, as well as all land and

sea transport vehicles used by the dive centre, are regularly and

properly maintained at all times.

(2) A written service schedule shall be kept of all

equipment and installations. This schedule should identify each item

and should document all maintenance work carried out from time to

(1)

The licensee and operator of a dive centre shall -

(a) engage a director of diving to be responsible for all

recreational diving services, to assign duties and to maintain

relative records,

(b) inform the Authority when such an engagement has

been made, submitting full details of such person, such as

personal, qualifications, experience.

(2)

The director of diving shall meet the following

criteria>-

(a) be in possession of qualifications required in terms

of the Second Schedule to these regulations<

(b) have at least two years full-time experience as an

instructor in recreational diving in Malta<

(c)

be a person who has the right of abode in Malta<

(d) have a valid registration with a dive centre as a diving

instructor.

(3) A director of diving shall act in such capacity for

only one dive centre at the same time>

Provided that if he possesses the necessary qualifications set

out in these regulations, nothing in this section shall exclude the

licensee of a dive centre from acting as director of diving.

(1) No person shall act as a diving instructor unless he

shall have previously registered with a licensed dive centre.

(2) The licensee and operator of a dive centre shall not

register a person as a diving instructor unless they are satisfied that

the person applying for such registration>-

(a) has submitted the documentation and information

requested in the registration form<

(b) has diving instructor qualifications in terms of the

Second Schedule to these regulations<

(c) has successfully undergone a medical examination by

a physician specialising in diving medicine. Such an

examination shall be carried out annually.

A licence to operate a dive centre shall be valid from the Validity of dive

centre licence.

date of issue up to the 31st December of the same year, and shall be

renewed by the Authority from one year to the next on payment of

the applicable fee.

(1) The licensee of a dive centre may register any person Registration of a

temporary diving

as a temporary diving instructor. Such registration shall be valid for instructor.

twenty consecutive days, provided that such person fulfils the same

requirements as set out in regulation 7 of these regulations.

(2) A person registered as a temporary diving instructor

shall instruct only members or clients of the dive centre with which

he is registered.

The licensee and operator of a dive centre shall, prior to Minors.

registration of a minor to participate in recreational diving activities,

obtain the written consent of the parent or of the legal guardian of

the minor.

The licensee and operator of a dive centre shall ensure Medical statement.

that>-

(a) before using scuba, all divers shall fill and sign an

appropriate medical statement to ensure their suitability for

recreational diving in terms of the First Schedule to these

regulations<

(b) if the answers in the medical statement suggest a

medical risk in diving, the director of diving shall request the

client to undergo a full medical examination by a physician

who shall give his approval in writing before such client may

use scuba<

(c) notwithstanding the answers in the medical statement,

in any case of doubt or at the discretion of the director of diving,

clients may be requested to undergo a full medical examination

by a physician who shall give his approval in writing before

such client may use scuba<

(d) the licensee and operator of a dive centre shall retain

a record of the medical statement, medical certificates and other

related documents for a period of not less than one year<

(e) should a client become aware of a change in his

medical condition at any time, the client shall repeat the medical

process.

(1) Licensees and operators of a dive centre shall ensure

that a documented risk assessment has been conducted in respect of

all diving sites to be used by the dive centre for recreational diving

services.

(2) The following factors shall be considered as part of

this Risk Assessment taking into account the capability of the

participants – water movement, depth, underwater visibility,

pollution, entry and, or exit methods, restricted zones, suitability of

site for planned activities and emergency action plan.

(3) The licensee and operator of a dive centre shall

prevent any client from taking part in any recreational diving services

if, following the risk assessment, this is deemed to be in the best

interest of the client and, or other persons.

(1) The licensee and operator of a dive centre shall

ensure the availability of the following in all locations where

recreational diving is taking place>-

(a) a first aid kit, suitably equipped for the planned diving

activity<

(b) an emergency oxygen unit with a capacity of

delivering at least 15 litres#min of pure oxygen for at least 20

minutes<

(c) a communication system suitable for alerting

emergency services.

(2) The licensee and operator of a dive centre shall

provide a documented emergency plan for each site where diving

activities are taking place which shall include the following

information and preparation>-

(a) procedures for casualty recovery, resuscitation and

evacuation<

(b)

the use of the emergency oxygen supply<

(c) information about the nearest resources, including

data about the availability of a hyperbaric recompression

chamber.

(1) The licensee and operator of a dive centre shall give Information to be

the following information to the client prior to the provision of diving provided

clients.

services>-

(a) contractual issues including conditions, delivery and

termination of the contract<

(b) prerequisites and any qualification requirements in

order to obtain the service, such as medical certification and

diver certifications<

(c)

equipment requirements<

(d)

costs<

(e) insurance requirements according to national

regulations<

(f)

local environmental considerations<

(g) diving related legislation and any legal requirements

with regard to the specific kind of service to be provided.

(2) The licensee and operator of a dive centre shall clearly

exhibit a price list of all charges for the different types of diving

activities and for the hire of diving equipment on offer at the dive

(3) If the service provided involves training, the licensee

and operator of a dive centre shall give the following information

in addition to that required as per subregulation (1) of this regulation>-

(a)

the limitations of the eventual qualification<

(b)

the scope of the training course<

(c)

the course procedures<

(d) the means and methods for assessment, criteria for

successful completion<

(e) that records of their personal data will be kept at the

centre and that these records may be passed on to a training

organisation.

(4) Prior to each dive or training session, the licensee

and operator of a dive centre shall identify important safety

procedures to clients which shall include the following>-

(a)

the identity and roll of staff<

(b)

emergency procedures<

(c)

arrangements concerning teams and group size<

(d)

team and, or group assignments<

(e) information concerning the dive site, in particular the

hazards which could affect the safety of the dive, such as

underwater obstructions<

(f)

depth and, or time limitations<

(g)

the conduct required of clients.

(1) The applicant for a dive centre licence shall, prior

to the issue of such a licence by the Authority, submit to the Authority

a certificate by a competent person or entity recognised by the

Authority, confirming that the compressors and the location where

such compressors are stored and used for the filling of air, conform

with relevant health and safety regulations and, or guidelines.

(2) The certification required as per subregulation (1) of

this regulation shall also be submitted to the Authority every year

prior to the renewal of the licence.

Licensees and operators of dive centres shall submit to

the Authority prior to the issue and renewal of the dive centre licence,

a declaration by a competent person or entity recognised by the

Authority certifying that the equipment used by the dive centre

conforms with the provisions as stipulated in regulations 13 (1) (b),

17 and 18 (2) of these regulations as well as paragraph 8 of the

Second Schedule to these regulations.

(1) Licensees and operators of dive centres, prior to Sale

gases.

supplying persons with breathing gases for scuba, shall ascertain

that such persons are qualified as independent divers unless such

persons are accompanied by a scuba instructor.

(2) In cases when the breathing gas is air, this shall be

supplied by dive centres in accordance with national standards and

regulations.

(3) The licensee and operator of a dive centre shall only

fill those cylinders with current visual inspections, pressure tests

and markings in accordance with current national standards and

regulations.

(4) The licensee and operator of a dive centre shall not

fill any cylinder unless they first carry out an external inspection of

the cylinder and in case of doubt about its condition, they shall refuse

to fill the cylinder.

(5) In cases when breathing gases other than compressed

air are offered, the licensee and operator of a dive centre shall supply

such gases only to clients who have the appropriate specialised

training.

(1) Operational procedures of dive centres and diving Operational

standards.

equipment used by dive centres shall be in accordance with the

Second Schedule and with the provisions of these regulations.

(2) Licensees and operators of dive centres shall ensure

that the operational procedures referred to in the Second Schedule

and in the provisions of these regulations are adhered to at all times.

The Authority may consult the Association in the issue of Consultations with

Association.

licenses for dive centres.

The Authority may consult the Association in the Authorised

equivalents.

publication of >-

(a)

recognised qualifications for independent divers<

(b)

recognised qualification for dive leaders<

(c)

recognised qualifications for diving instructors<

(d)

recognised qualifications for directors of diving and,

or

(e) any other such documentation or information which

may, from time to time, be helpful in determining diver and

diving instructor qualifications.

The licensee and operator of a dive centre shall>-

(a) maintain the following records in respect of all

persons providing services to clients from the dive centre>-

i)

name, address and date of birth<

ii) experience and certification related to the duties

assigned<

iii)

medical certification<

(b) maintain the following records in respect of clients

utilising the services of the dive centre>-

i)

name, address and date of birth<

ii)

copy of medical assessment<

iii) copy of any previous training and, or

certification and experience<

iv) copy of parental consent if such consent is

required<

(c) retain records regarding clients undertaking organised

or guided diving as well as regarding rental of equipment for at

least six months<

(d) retain records regarding clients undergoing training

at any level for at least two years including records showing

dates of confined, open water and classroom sessions signed

by both instructor and trainee.

The licensee and operator of a dive centre shall maintain

a dive log for every confined and open water session organised by

the centre. The dive log shall show the names of clients, staff

members assisting such clients, dive site, date, entry and exit time,

depth, gas used, wind and sea conditions. All dive logs, as well as

the risk assessment shall be retained for at least six months.

All documents, permits and certificates relating to the dive Availability

documents.

centre, to the operator of the dive centre and to the employees of the

dive centre shall be available on site at the centre at all times.

The director of diving and the instructors shall, during Identity cards.

the provision of diving services, be in possession of a form of

identification which includes their name and photograph.

Licensees and operators of dive centres shall ensure that Standards.

their dive centre complies with standard requirements of dive centres

as may be established by the Authority from time to time.

Compliance with the provisions of these regulations shall Conditions of

licence.

be deemed to be a condition to which a licence to operate a dive

centre is subject, irrespective of whether or not reference to these

regulations is made in the licence itself.

The Authority may withdraw or suspend the licence of a Withdrawal or

suspension of dive

dive centre should the licensee or operator of a dive centre ceases to centre licence.

meet any of the conditions specified in regulation 3 or 4, or any of

the conditions under which the licence was issued, or fail to adhere

to any other provision of these regulations.

Any person who fails to comply with any of the provisions Fines and

penalties.

of these regulations shall be guilty of an offence and shall , on

conviction, be liable to a fine not exceeding one thousand liri.

B

First Schedule

Medical Statement

To the Participant

You must complete this Medical Statement, which includes the medical-history

information section, prior to enjoying any recreational scuba diving services.

Its purpose is to inform you whether you should be examined by a physician before

participating in recreational diving training. If any of these conditions apply to you, this

does not necessarily disqualify you. It only means that for your own safety, you must

seek the advice of a physician prior to participating in recreational scuba diving.

Please acknowledge that you have read and understood the information provided below

by initialling each individual point.

1. YOU MUST CONSULT A PHYSICIAN IF

Yes or No

Initials

you are pregnant or you suspect you may be pregnant

you regularly take medications (with the exception of birth

control)

you are over 45 years of age and one or more of the following

apply

you smoke

you have a high cholesterol level

2. YOU MUST CONSULT A PHYSICIAN IF YOU EVER HAD

Yes or No

Initials

Asthma, or wheezing with breathing, or wheezing with

exercise

Any form of lung disease

Pneumothorax (collapsed lung)

History of chest surgery

Claustrophobia or agoraphobia (fear of closed or open

spaces)

Epilepsy, seizures, convulsions or take medications to prevent

them

History of blackouts or fainting (full/partial loss of

consciousness)

B

History of diving accidents or decompression sickness

History of diabetes

History of high blood pressure or take medications to control

blood pressure

History of any heart disease

History of ear disease, hearing loss or problems with balance

History of thrombosis or blood clotting

Psychiatric diseases.

3. I AM AWARE THAT I COULD BE UNFIT TO DIVE IF I HAVE OR

Initials

DEVELOP ANY OF THE FOLLOWING CONDITIONS

cold, sinusitis, or any breathing problems (e.g. bronchitis, hay fever)

acute migraine or headache

any kind of surgery within the last 6 weeks

under influence of alcohol, drugs or medications effecting the ability to react

Fever, dizziness, nausea, vomiting and diarrhoea

problems equalising (popping ears)

acute gastric ulcers

Pregnancy

Name ………………………………………………………………..

Address……………………………………………………………………………………………

………………………………………………………………………………………………………

……………..…………………………………………………………………………………

Date of Birth………………………………………….

I confirm that the answers to the questions above are true and complete.

Signature ………………………………………….. Date……………………

Parental/Guardian consent where participant is a minor.

Name of Parent/Guardian* …………………………………………* delete as applicable

Address……………………………………………………………………………………….……

………………………………………………………………………………………………………

Signature ……………………………………………………

Date……………………..

This declaration is valid for one year from date of signature

B