14.CAT.OP.065
Liability for Operations in Unmanned Maritime
Vehicles with Differing Levels of Autonomy
European Defence Agency / SARUMS
Robert Veal
Senior Research Fellow,
Institute of Maritime Law
14.CAT.OP.065
Liability for Operations in Unmanned Maritime
Vehicles with Differing Levels of Autonomy
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14.CAT.OP.065
Liability for Operations in Unmanned Maritime
Vehicles with Differing Levels of Autonomy
• Surface &
underwater
• Remote-controlled
and
pre-programmed,
fully autonomous
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Q: Do these vehicles fall within the existing
regulatory framework
• IMO Regulations
– SOLAS
– STCW
– MARPOL
– COLREGS
• Civil Liability Conventions
– Salvage Convention 1989
– Limitation of Liability for Maritime Claims Convention 1976
– Nairobi Wreck Removal Convention
• International law
– UNCLOS
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Do “unmanned vehicles” come within the
existing framework?
Yes
No
No UNCLOS
freedoms and
protections?
Unlimited liability?
No uniform
standards
National
regulatory and
safety systems
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Are unmanned vehicles ships?
• Can there be a “ship” without seafarers?
• Seemingly, yes:
– Act of 21 December 1990 on the registration of ships, s.1(1)
(Belgium)
– Merchant Shipping Act 1995, s.313 (England and Wales)
– Code des Transports, Art L.5000-2 (France)
– Code of Public Maritime Law, Art 3 (Greece)
– Burgerlijk Wetboek (BW) Boek 8 (Book 8), Art 194 (Netherlands)
– Maritime Code of 2001, Art 2(1) (Poland)
– Commercial Registration Regulations 1597/1989 (Spain)
– Maritime Code, s.2 (Sweden)
– Title 1, § 3 US Code - Rules of Construction Act (United States)
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The obligations of the regulatory
framework
1.
Safety of life
2. Collision avoidance
3. Training
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Safety of life
• International Convention for the Safety of Life at Sea
(SOLAS) as amended
– 12 Chapters
– Ships on “international voyages”
– Ships of at least 500 grt.
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Chapter V (Navigation)
• Exception to general rule:
– Applies to “any ship, vessel or craft, irrespective of type
or purpose”
– Apply to ships below 500 grt.
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Regulation 14 (Ships’ manning)
• “1. Contracting Governments undertake, each for its national ships to
maintain / adopt measures to ensure that from the point of view of
safety of life at sea, all ships shall be sufficiently and efficiently
manned.”
• “2. For every ship … the Administration shall:
– Establish appropriate minimum safe manning following a
transparent procedure, taking into account the relevant guidance
adopted by the Organization
– Issue an appropriate safe manning document as evidence of the
minimum safe manning considered necessary
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Regulation 33: Distress signals
• “The master of a ship at sea which is in a position to be able
to provide assistance, on receiving information from any
source that persons are in distress at sea, is bound to
proceed with all speed to their assistance”
– Article 91 UNCLOS
• “Each ship [shall be] in the charge of a master …
[possessing appropriate qualifications] in
seamanship, navigation, communications and
marine engineering,
– Section 313 Merchant Shipping Act 1995
• Master is the person “having command or charge of a ship”
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Regulation 3: Exemptions and equivalents
• “2. The Administration may grant exemptions and equivalents when
any such ship is:
– Engaged on a voyage where the maximum distance of the ship from
the shore
– The length and nature of the voyage
– General absence of navigational hazards
• Renders full application of Chapter V unreasonable or
unnecessary
– Provided that the Administration has taken into account the
effect such exemptions may have upon the safety of all other
ships
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Collision avoidance
• The International Regulations for Preventing
Collisions at Sea 1972 (COLREGS)
– Apply to “all vessels upon the high seas and in all waters connected
therewith navigable by seagoing vessels” (Article 1)
– “Every description of a water craft capable of being used as means of
transportation on water” (Article 3(a))
– Part of a broader standard of seamanship, cannot be ignored !
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Rule 2
• Nothing in these Rules shall exonerate any vessel, …owner [or] master
…, from the consequences of any neglect to comply with these Rules or
…any precaution which may be required by the ordinary practice of
seamen, or by …special circumstances ….
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Rule 5
• Every vessel shall at all times maintain a proper look-out by sight and
hearing as well as by all available means appropriate in the prevailing
circumstances and conditions so as to make a full appraisal of the
situation and of the risk of collision.
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Parts C (Lights and Shapes) and D
(Sound and Light Signals)
1. Is it fail-safe?
2. Can they be fitted?
– Article 1(c)
• Closest possible compliance for vessels of “special
construction”.
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Training
International Convention on Standards of Training,
Certification and Watchkeeping (STCW)
• STCW Code, Part IV, Regulation 18
– in relation to watchkeeping arrangements:
• “at no time shall the bridge be left unattended”.
• STCW Convention Article III
– Convention shall apply to “seafarers serving on board seagoing
ships…”.
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Conclusions
• Advantageous to be within existing framework
• Unmanned craft prima facie probably do come within the framework
• Administrations not bound to prohibit unmanned operations
• Level of autonomy highly relevant to regulatory compliance
• Priority is to develop practices and engage with the IMO
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Next steps for research
• Similar study for larger cargo / passenger ships (500 grt)
• Best practices document and dissemination
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Thank you
[email protected]