Maritime Safety Investigation Act
| Basic data | |
|---|---|
| Title: | Law to improve the safety of the sea by investigating marine casualties and other incidents |
| Short title: | Maritime Safety Investigation Act |
| Abbreviation: | SUG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Special administrative law , law of the sea |
| References : | 9510-28 |
| Original version from: | June 16, 2002 ( BGBl. I pp. 1815, 1817 ) |
| Entry into force on: | June 20, 2002 |
| Last revision from: | March 1, 2012 ( Federal Law Gazette I p. 390 ) |
| Last change by: |
Art. 148 G of November 20, 2019 ( Federal Law Gazette I p. 1626, 1713 ) |
| Effective date of the last change: |
November 26, 2019 (Art. 155 G of November 20, 2019) |
| GESTA : | B030 |
| Please note the note on the applicable legal version. | |
The German Maritime Safety Investigation Act (SUG) implements prescribed, uniform standards for marine casualty investigations in international investigation regulations.
The previously valid Marine Casualty Investigation Act (SeeUG) has been replaced by the SUG. “The institution of the maritime offices and the objectives relating to them were retained in principle in the new SUG within a separate section. With the creation of the Federal Bureau for Maritime Casualty Investigation (BSU), which is not subject to instructions in its statutory investigation mandate, however, a new, independent higher federal authority equipped with a number of powers was installed. ”The Federal Bureau for Maritime Casualty Investigation (BSU) is based in Hamburg. The aim of the investigation by the BSU is to clarify the cause of the accident; this serves solely to improve maritime safety and the protection of the marine environment. In the sense of the SUG, "seafaring" includes both professional (merchant shipping, fishing, research, ...) and privately conducted seafaring (pleasure craft). In the new version of the SUG from 2012, however, "non-commercial recreational shipping (provided there is no mandatory crew on board and no more than 12 passengers are carried) and fishing vessels with a length of less than 15 meters are excluded from the catalog of incidents to be investigated" ( see Section 1 (3) No. 2 and 3 SUG new version). With paragraph 4 of the above-mentioned standard, Parliament immediately created an opening clause for the BSU to examine these types of vehicle. This exception only applies to German territorial waters and the adjacent exclusive economic zone. As a rule, the BSU must publish an investigation report within one year. It does not contain a guilty verdict, but rather safety recommendations. According to information from the Federal Ministry of Transport and Digital Infrastructure (BMVI), the investigation by the BSU neither serves to determine facts for the purpose of attributing errors in order to cause disadvantages for individuals, nor does it serve to determine fault, liability or claims (cf. . § 9 Abs. 2 S. 2 SUG). The sole aim is to learn lessons from accidents and to avoid future accidents for the same or a similar cause and thus to make shipping safer overall.
The second investigation is carried out by the Maritime Administration . The aim of the maritime investigation is to clarify whether human misconduct was the cause of the marine casualty and, as a result, the decision on whether to discontinue the procedure or to ban driving for license holders.
Web links
literature
- Peter Ehlers: Maritime Safety Investigation Act. Comment. 1st edition. Nomos-Verlag, 2012.
- John Ferenc (Ed.): The Maritime Safety Investigation Act (SUG); [of June 16, 2002, last amended by Art. 1 of the law of November 22, 2011]; updated text edition 2012 and European framework regulations. Dietrich, Hamburg 2012, ISBN 978-3-937413-57-0 .
Individual evidence
- ^ Federal Bureau of Maritime Casualty Investigation: History of the German marine casualty investigation. Marine casualty investigation in Germany - yesterday and today Accessed November 25, 2011.
- ↑ Article marine casualty investigation of the BMVI. Accessed November 25, 2011.
