Is it too onerous to require a ship have navigation lights and life jackets?
Subs should have at least some basic safety minimums.
Consider the Coast Guard and Navy efforts for this latest event.
Normal Peril = Annoying
1. Is what you're doing dangerous?
2. Did you tell your customers about the danger?
3. Do they really understand the danger, including past incidents?
4. Is anyone else being harmed or are you just gambling your own life?
Even then, I would posit that this case probably passes this bar - OceanGate was quite clear in their waiver and there's a level of due diligence that a reasonable person spending 250K should be expected to make.
1) Dead people 2) How much is this debacle costing taxpayers?
If your private actions can impose significant cost on the public, the public has a right to ensure you're minimising risk.
Americans fucking around in North Korea or active war zones is another example that comes to mind.
I think that would be a better use of time than spinning up a 100-person government licensing program to regulate the 1000 people playing with submarines.
In my country at least, the consensus is that we don't want people to _not_ call for help when they need it because they're afraid of being invoiced.
I used to be a ranger, so was involved in SAR to a small extent, usually triggering them, manning the radio, and hitting up other hikers who might have seen something for info, but a lot of our rangers were also volunteers with LandSAR, as they had the techical skills and the local knowledge.
And as far as I'm aware, there was only one serious attempt to invoice someone for a search.
An American serviceman with Operation Deep Freeze had left his intentions for a multi-day hike with the rangers, and when he didn't make contact within 24 hours of his expected date out, a search was initiated. The personal details he'd left weren't great, we knew that an American called Mike was following the Casey Stream - Poulter River - Lake Minchin - Townsend Pass - Taramakau River route, and we knew he hadn't signed out.
No details of his car (if any), or where it was parked, no local contact details, nothing much but an overdue Yankee Mike who was headed into an area where the route he was following wasn't quite here-be-dragons, but you'd certainly stumble into dragons if you made navigation mistakes or bad choices in general.
Volunter searchers on foot spent about 6 weeks scouring his route, and possible wrong turns he could've taken for, which involves very challenging terrain, they brought in both kinds of SAR dogs (the kind that are trained to find people, and the kind that are trained to find bodies) and, significantly more expensively, there was a lot of helicopter flight hours expended trying to find him. The rescue choppers had the IR cameras, ideal for finding warm bodies in the cold, and night vision great at enhancing any light emitted on the ground. Plus the massive spotlight and the winch and the trained paramedics etc.
(Apparently a small torch is very damn visible at night with the NVG, just don't be under trees, it doesn't help).
After those six weeks, the search was called off. A few months later he was eventually located by our Police who'd been following up every angle to identify him.
He was safe and sound at home, in Utah. He'd returned to the US shortly after his hike.
I'm guessing his deployment (or the season for flights to the Antarctic) had been at an end, so he went on one last hike and just forgot to sign out.
The Police took it personal, and desperately wanted to invoice him for the rescue, even suing him in a US court if need be, but the diplomats nixed it as the US is very protective of its citizens, especially when they're in the service.
But true, as a training exercise it has some value, so long as those resources weren't needed elsewhere at the time.
Tier 1: Scheduled airline service -- Passengers generally can't choose the model of aircraft and might even get a different airline via codeshare. They have no ability to evaluate the pilot before the flight.
The airline, flight related employees, and the aircraft are all subject to heavy regulation.
Tier 2: Charter aircraft -- Passengers are usually choosing the aircraft and can speak to the pilots. Still very substantial regulation but less than airlines.
Tier 3: Private flying -- pilots can't charge for the flight, only share costs, and have to be traveling together even to share costs. Passengers will generally know the pilot personally and be able to evaluate their judgment. Regulations are much lighter.
Tier 4: Experimental aircraft -- Airplanes that haven't been certified have to have EXPERIMENTAL in big letters as you get on the plane, and you can't charge passengers money at all. Bigger and faster experimental aircraft like jet fighters are more regulated in where and when they can fly so that they're less likely to kill people on the ground when they crash, but the FAA is relatively hands-off if it's only the pilot's life at risk.
The regulatory requirements change significantly based on that alone. (E.g., PPL for friends, CPL for paying passengers).
I don't even know if you're allowed to take paying passengers in a homebuilt.
PPL also cannot charge money besides (at most) cost-sharing, e.g.
If I live in a society that is keen on regulation, then I feel more safe doing things. I can not have information in my head about what all is regulated and how much. When I do things in the US, I feel safe (relative to known risks), because I believe we are a high-regulation society (feel free to argue that). If that image starts to slip, then I have to start asking myself: Should I take my kids on this helicopter ride at the county fair? Should I go down this remote cliffside road on public transport? Should I get in this old elevator? Should I leave this electrical appliance running while I sleep?
Maybe it's a little thing in the big picture, but some people value it immensely, and many Americans appear to be those people. Declining to regulate deep-sea subs, or whatever else, maybe doesn't have any practical effect, but it is one little chip out of the image of high-regulation.
This was in Canada, ~1990. Awhile ago admittedly, but I haven’t looked at travelling fair rides the same way since.
In the end it's dolts like OceanGate that make it more difficult for the rest of us.
On the other hand, last week I had to sign a waiver saying essentially the same thing when I rented a frisbee golf kit.
And everything in the state of California is "known to the State of California to cause cancer" .
They are everywhere, which is why I think a court case on them will have far-reaching effects. I have a strong feeling they will not be the get-out-of-liability-free card they once were.
In a way it mirrors the Love Canal liability case against Hooker Chemical about a similar release of liability. [0]
[0]: https://en.wikipedia.org/wiki/Love_Canal#Sale_of_the_site
Even in your example it is true that car accidents are way more. But the number of miles driven in cars is orders and orders and orders of magnitude more then number of miles of ocean floor traversed!
Edit: this also got me thinking a bit more. I can see why in America the R word seems scary and is a bit triggering. Regulation here can be as simple as insure your customers for say a million dollars of no questions asked policy and pass the cost of that to customers and let them (and the actuaries) decide if it is worth it!
But seriously there has to be some threshold of common sense. You are sending a sealed box 100s (thousands?) of meters into the ocean (or replace with another similarly risky sounding proposition - trying on experimental jet packs, getting shot out of a cannon with a parachute etc). It can't be that unreasonable to ask "if something went wrong who should be responsible and for how much damages and what level of insurance should be mandatory (or atleast available for sale)" - we already do this for mortgages where risks and impacts are a lot lower.
Now if you have more time and patience sure go ahead and enumerate it and do the actual work of passing regulation around it until that insurance premium actually becomes profitable. The free market actually can help if you ensure it is used.
None of those passengers could ever possibly have properly understood the risks they were taking, because the people who made those submersibles didn't understand the risks they were taking.
If it had only ever been the people directly involved in the research of creating deep sea vehicles using carbon fiber pressure vessels, I don't think there would be such an outcry.
But it was charlatans who didn't know what they were doing and taking unwitting passengers out on inherently unsafe vehicles, and they got those people killed.
This is how regulations get made. This is how regulatory agencies like what is now called the FAA are created.
We don't need more regulations on extreme deep sea submersibles. There are on average approximately 0 deaths per year, and fewer than 1000 users per year. This number is extremely unlikely to go up.
On average, Classic Cars kill AT LEAST an order of magnitude more people than extreme deep sea submersibles per year. People want to drive their old cars because they look cool. People want to do all kinds of dumb stuff.
When proposing regulations, ask at least these three questions: Is it a big problem? Will it become a big problem? Is it truly voluntary?
You can still argue about these questions and their answers, but at least it's not a binary or knee jerk response.