Dive Boat Act Proposes Relief for US Dive Operators
The proposed Dive Boat Act seeks to mitigate the impact of the Small Passenger Vessel Act on US-based dive operators facing rising insurance costs and extended liability periods.
The enactment of the Small Passenger Vessel Act (SPVA) in 2022 amended US maritime law, affecting the liability of small passenger vessel owners for safety violations that lead to accidents. This legislation, a response to the Conception disaster, has resulted in changes to the liability provisions for dive vessels, including day boats and liveaboards, removing previous liability caps and extending the period for filing claims to two years.
Soaring insurance premiums
The broad wording of the SPVA has unfortunately placed a significant burden on the dive industry. The diversion of funds from critical maintenance, safety equipment and training to soaring insurance premiums due to the risk of legal action, which is detrimental to the industry.
These insurance rate increases threaten the economic well-being and family life of dive business owners and employees. Many operators are forced to pass on these increased costs to their customers
Dive Boat Act
In response, the Dive Boat Act has been proposed to alleviate some of this pressure by protecting vessels that comply with safety regulations from the burden of unlimited liability for incidents that may have occurred up to two years ago.
There's a window of opportunity in the US House Committee on Transportation & Infrastructure and the Senate Commerce Committee to include the Dive Boat Act in the bills currently being drafted to authorise the continued operation of the US Coast Guard within this legislative year.
DEMA is actively engaging with Members of the US Congress to secure insurance premium relief for dive operators. Representing over 1,400 dive businesses, the association is lobbying for changes to the SPVA to alleviate the unforeseen consequences and escalating insurance costs faced by retailers, manufacturers, training organisations and dive tour operators.
Representative Bean, a member of the House Subcommittee on Coast Guard and Maritime Transportation, has introduced an amendment for the Dive Boat Act in 2023. Rep. Bean is committed to a bipartisan approach to solving this pressing issue and is actively seeking an appropriate legislative vehicle for this important amendment.
