S.L. 409.13 Art. 23Equipment and rental of diving equipment.

(1) All diving equipment provided for a rental service shall be of a style currently in use in the sports diving industry and shall comply with applicable local and European standards: Provided that for the rental of scuba regulations 12, 14 to 20(2) and regulations 21 to 22 do not apply.

(2) All diving equipment shall be safe to use at time of issue to clients and shall be serviced according to EU standards and manufacturers’ specifications.

(3) The licensee shall establish an appropriate written equipment servicing schedule as per manufacturers’ instructions which shall identify all individual cylinders, demand regulators, alternative breathing gas sources, cylinder-support-system and buoyancy control devices.

(4) Assistance and advice shall be offered to the client in choosing the proper diving equipment taking into account the envisaged diving activity and the qualification and needs of the clients including the proper fit of buoyancy control devices and suits.

(5) Diving equipment rented to clients shall be subjected to an inspection by recreational diving service provider and the client, prior to use in order to ascertain that it is fully operational.

(6) Scuba and compressed air shall only be supplied to divers that are at least qualified as an independent diver or to a lesser qualified client when accompanied by an instructor who is established in a Member State.

(7) Breathing gases, other than air, shall only be supplied to independent divers having the appropriate additional training and certification, or to a lesser qualified diver when accompanied by a Diving Instructor who is suitably qualified and is established in a Member State.

(8) Prior to the provision of equipment rental, the director of diving shall be responsible for obtaining the following information and documents from the recipient of the service, which shall be maintained by the licensee:

(a) name, address and date of birth;

(b) if renting scuba or breathing gasses a completed and signed medical statement to ensure the client’s fitness for recreational diving as indicated in the Schedule or a medical statement issued by an educational organisation that is credited to provide courses that lead to MSA EN 14153-1 to 3 or equivalent or MSA EN 14413 1 and 2 or equivalent or ISO 11121, provided that such statement shall not be accepted if it does not include all the information contained in the statement indicated in the Schedule. If the medical statement suggests a medical risk the director of diving shall request that the client undergoes a full medical examination by a physician: provided that notwithstanding the answers in the medical statement, in the case of doubt or at the discretion of the director of diving, clients may be requested to undergo the full medical examination. The examining doctor shall give his approval in writing before the client may use SCUBA;

(c) documentary proof of diving qualifications and experience, if and as applicable;

(d) signed statement of understanding; and

(e) parental or legal guardian’s consent in the case of a minor, and additionally, in the case of a person acting as a diving instructor -

(i) a valid medical certificate issued by a doctor specialising in diving medicine stating that the client is fit to dive. The medical certificate is valid for one year from the date on which it is issued;

(ii) documentary proof of third party insurance.

(9) Without prejudice to any other information requirements emanating from any other law current at the time, the director of diving shall be responsible to provide the following information to the clients prior to providing the recreational diving service:

(a) contractual issues including conditions bearing on the signature, delivery and termination of the contract; and

(b) costs and prices for obtaining equipment rental:

Provided that clients shall be informed that records shall be kept of their personal data.