En rättsdogmatisk studie - Vem på ett fartyg anses ha en uppgift av väsentlig betydelse för säkerheten till sjöss

Abstract

This law dogmatic study identifies whom on a ship to fulfil a significant influence on safety at sea and how that can illustrate the application of Chapter 20, Section 4 of the Maritime Act (1994: 1009) in connection with marine intoxication in commercial shipping. A further aim of the thesis examining the Swedish Marine Police and Coast Guard practices for alcohol checks on board merchant ships. Through this analysis express differences between the authority’s practices and their consequences. The methods to answer the questions were encountered through legal texts, court cases and interviews with authorities. The conclusion is that there is no clear definition of who has a significant impact on safety at sea. In its entirety, the answer is all those who find themselves on a ship and is part of the ship's safety crew have importance for safety at sea. Regarding officers permission has no Swedish officers had their permissions removed due to the convicted marine intoxication. Regarding procedures for alcohol controls the Swedish Marine Police has no written procedures, as they instead evaluate the encountered situation. It is therefore difficult to determine which person who should be tested in a situation of marine intoxication. The Coast Guard has, however, written procedures regarding alcohol controls and therefore inconsistencies and differences are in some cases decisive for the assessment at an alcohol control.