THE MASTER OF A VESSEL WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL IN WATERBORNE TRAFFIC, AS A MODUS OPERANDI DIRECTLY AFFECTING MARITIME SAFETY

Abstract

The main purpose of the article is to draw attention to the occurrence of the phenomenon directly affecting maritime safety and consisting in driving, navigating and steering the vessel in water traffic by the manager of the vessel who is intoxicated or drunk. This constitutes a danger and hazard to the vessel, its crew and passengers on board, and may also lead to a maritime accident or incident involving other vessels. In addition, the lack of specific implementing regulations concerning the procedure in the event of ascertaining the above offence, with the simultaneous obligation to penalize such behavior, imposed by the legislator on bodies statutorily delegated to detect and prosecute, results in only a partial solution of the described problem. In this article, the author uses literature on maritime safety, interpretation of legal regulations in force in this respect and data obtained from maritime administration bodies and the State Commission for Investigation of Maritime Accidents.