Maritime Autonomous Surface IShips Unmanned Ships and their

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Maritime Autonomous Surface IShips, Unmanned Ships and their unified interpretations… “Are we lost, yet….

Maritime Autonomous Surface IShips, Unmanned Ships and their unified interpretations… “Are we lost, yet…. ? ” Susan Macpherson LLB (Hons), Solicitor Setfords Solicitors International Group @Southampton Solent University – Wednesday 27 February 2019

“ALL SHIPS…. . ” ? • Autonomous Ships, Unmanned Ships and unified interpretations

“ALL SHIPS…. . ” ? • Autonomous Ships, Unmanned Ships and unified interpretations

THE ESTIMATED POSITION of MASS in 2014…. “Illegal, uninsurable & all involved are bonkers…”

THE ESTIMATED POSITION of MASS in 2014…. “Illegal, uninsurable & all involved are bonkers…” “Not in my lifetime…” However, what are your own views…. . ? Autonomous Ships, Unmanned Ships and unified interpretations

Maritime UK’s Voluntary Code of Practice (v 2) for MASS of up to 24

Maritime UK’s Voluntary Code of Practice (v 2) for MASS of up to 24 m LOA– dated November 2018

All Ships, All Shipping, All Seafarers on All Voyages Nautical Nomenclature References: - A

All Ships, All Shipping, All Seafarers on All Voyages Nautical Nomenclature References: - A Glossary of Definitions in the Key UN/IMO Legal instruments: - • UNCLOS, 1982 – “Ships” = “seagoing vessels” [NB: - the so-called “umbrella treaty”] • IMO Treaty, 1948 – “Ships” and “Shipping”…. . [NB: - its 70 th anniversary last year] • SOLAS, (1920 s-2009), as amended, Chapter V (Safety of Navigation) Regulation 2 – “All Ships means Any Ship, [merchant ship, seagoing] vessel or [waterborne] craft irrespective of type or purpose” [“on any voyage…. ]” • COLREGs, (1830 s-1972), Part A Rules 1 (Application), 2 (Responsibility) and 3(Definitions) – “The words [Ship or seagoing] vessel include every description of [Ship, merchant ship, seagoing] vessel [or waterborne] craft, [which is] used or capable of being used as a means of transportation on water. ” • UK Merchant Shipping Act, 2005 – “ships”, “shipping” and “small ships” Autonomous Ships & Unmanned Ships - unified interpretations

“Any ship, merchant ship, seagoing vessel, or waterborne craft that is not permanently attached

“Any ship, merchant ship, seagoing vessel, or waterborne craft that is not permanently attached or otherwise secured to the seabed or shoreline. ” [A suggested generic definition of any “ship” based on SOLAS Chapter V (Safety of Navigation? ] Autonomous Ships and Unmanned Ships – unified interpretations

THE KEY CHARACTERISTICS OF ‘ALL SHIPS’ ? Nautical Nomenclature: suggested key characteristics of “All

THE KEY CHARACTERISTICS OF ‘ALL SHIPS’ ? Nautical Nomenclature: suggested key characteristics of “All Ships” & “Any Ships”, on “All Voyages” (based on SOLAS Chapter V (Safety of Navigation) Regulations 1 & 2 and UNCLOS Article 94: - • Capable of being made seaworthy (for a particular passage, voyage, or sea area), and capable of floating on seawater (with intact stability), per UNCLOS Article 94 (Duties of the flag State)], and • Capable of being navigated in navigable waters by persons (i. e. sentient human beings, who are seafarers exercising good seamanship); whether aboard or ashore [per UNCLOS, SOLAS, COLREGs and STCW], and which are • Not permanently attached, or otherwise permanently secured, to the seabed, or shoreline. Autonomous and Unmanned Ships – unified interpretations

“MSC 95, 96, 97, 98, 99, 100 & 101” @IMO – April 2015 -

“MSC 95, 96, 97, 98, 99, 100 & 101” @IMO – April 2015 - June 2020 & UK MASS RWG Ship Owners, Ship Operators and Ship Yards… Ship Masters, Marine Engineers and Ship’s Crew =“All Seafarers” Ship designers – naval architects and marine engineers… “All Ships” in Safe Ports & Harbours – a new relevance for (a) international voyages & (b) voyages in territorial/inland waters. Autonomous Ships, Unmanned Ships and unified interpretations

UNINTENDED CONSEQUENCES… The Human Element, and Human Factors: IFSMA & ITF – All Seafarers;

UNINTENDED CONSEQUENCES… The Human Element, and Human Factors: IFSMA & ITF – All Seafarers; both aboard and ashore ! IUMI & IGP&I – Re(insurance); both marine & non-marine IAPH –Harbour Masters, Pilots and Port Authorities RYA et al – “small ships” & other “waterborne craft”… Autonomous Ships and Unmanned Ships – unified interpretations

KEY COMPASS POINTS - SUMMARY • Nautical Nomenclature of “All Ships”, “All Shipping”, and

KEY COMPASS POINTS - SUMMARY • Nautical Nomenclature of “All Ships”, “All Shipping”, and “All Seafarers”, on “All Voyages” : - [LEGAL Committee WG @IMO ? : - Wednesday 27 th- Friday 29 th March 2019] • A “High Level” Regulatory Review of IMO’s Legal Liability Instruments (2019 -2022) ? • Regional Port State Control, [eg Paris Mo. U leading in European waters] ? • “Ship’s Equipment”, and other US/MASS, which are only launched from the sea shore …. ? • “Small Ships” [i. e. less than 24 m LOA &/or 100 GT ? ] and other “Waterborne Craft” ? Autonomous Ships, Unmanned Ships and Unified Interpretations ?

Regulatory Scoping Exercise (“RSE”) of MASS by MSC (& LEGAL ? ) @IMO •

Regulatory Scoping Exercise (“RSE”) of MASS by MSC (& LEGAL ? ) @IMO • https: //www. maritimeuk. org/media-centre/publications/masrc 19/

Reasons for the RSE of MASS by MSC @IMO • The IMO’s HQ in

Reasons for the RSE of MASS by MSC @IMO • The IMO’s HQ in London should be proactive, and take a leading role, with the regulation of MASS operations (in international waters? ) • To review the legal and regulatory framework of IMO; with MASS operations in territorial, coastal and inland waters in mind. • To determine which provisions (ie Rules and Regulations) apply that might otherwise preclude MASS operations (ie as currently drafted). • To identity any gaps and/or international legal and regulatory issues, and to analyse how best such issues might be addressed.

IMO’s Definition of MASS For the purpose of the Regulatory Scoping Exercise only, MASS

IMO’s Definition of MASS For the purpose of the Regulatory Scoping Exercise only, MASS are defined as being: “A Ship which, to a varying degree, can operate independent of human interaction. ”

4 Degrees of Autonomy of MASS 1. 2. 3. 4. Ship with automated processes

4 Degrees of Autonomy of MASS 1. 2. 3. 4. Ship with automated processes and decision support, Remotely-controlled Ship, with seafarers aboard, Remotely-controlled Ship, without seafarers aboard, Fully-automated Ship.

MSC Methodology for the RSE of MASS • First Step: - to identify provisions

MSC Methodology for the RSE of MASS • First Step: - to identify provisions in the IMO’s (50+) legal instruments which, as currently drafted, may need to be addressed; that is, regulation by regulation, & rule by rule, (from the “ground up”…) • Second Step: - to analyse and to determine the most appropriate way of addressing MASS operations; taking into account, inter alia, the human element, technology and operational factors. (That is, what is being described as a so-called “high level” review. )

Proposed Timeline for RSE of MASS @IMO • First Step: - January-April-September 2019 •

Proposed Timeline for RSE of MASS @IMO • First Step: - January-April-September 2019 • Inter-Sessional Working Group: - September 2019 • Second Step: - October-December 2019 • “MSC 102” @IMO - Final consideration: - May 2020

I AUTOMATION OF SHIPS IN PORTS & HARBOURS Susan Macpherson LLB (Hons), Solicitor Setfords,

I AUTOMATION OF SHIPS IN PORTS & HARBOURS Susan Macpherson LLB (Hons), Solicitor Setfords, London International Marine Group – Southampton Solent University Maritime week – February 2019

Ramifications of the advent of Mass for ports and harbours “. . . there

Ramifications of the advent of Mass for ports and harbours “. . . there is a disconnect between ship owners ordering large vessels and the operating Ports that must try to accommodate them. . . the matter is increasingly urgent as the drive towards automated shipping continues apace. “The advent of autonomous ships is increasing the importance of communications between ships and Ports, which will not only deal with Safety issues but also the Port will provide Services. ” IMO Secretary General Kitack Lim Automation of Ships in Ports & Harbours Fair. Play 20 th Feb 2018

WHAT IS HAPPENING IN THE TECHNICAL WORLD ? • The emphasis for Ports is

WHAT IS HAPPENING IN THE TECHNICAL WORLD ? • The emphasis for Ports is for Full Automation of Port Infrastructure • The UK’s first unmanned Ship the “C-Worker 7” used for subsea navigation, surveying and environmental monitoring • The Norwegian Maritime and Norwegian Coastal Administration trial in the Trondheim Fjord and Grenland • YARA Birkeland, 100 -150 TEU to be the first autonomous all-electric vessel for commercial operation • Tests with captain and crew in a container based bridge in 2018 • Operational with minimum manning in 2019 • Aimed to be fully autonomous in 2020 ! Automation of Ships in Ports & Harbours

What is happening in the Technical world continued • Rolls Royce and Finnferries •

What is happening in the Technical world continued • Rolls Royce and Finnferries • Bibby Hydro. Map announced testing of the “Dri. X” which is an 8 metre Autonomous unmanned Survey vessel (AUSCV) • An autonomous ship model was successfully tested in Aker Arctic’s model testing laboratory in Helsinki last year. • A company called DNV GL released Autonomous and Remotely Operated Ship Guidelines. • Wilhelmsen Ship Management (WSM) has entered into two agreements which focus on Safety Management Systems and development of future competence.

What is happening in the Technological world • Fugro had signed a joint development

What is happening in the Technological world • Fugro had signed a joint development agreement with L 3 ASV to create an autonomous ship for the commercial survey market also • Samskip which is Europe’s largest multimodal operator, is the lead partner in the Sea shuttle project seeking to bring emission –free autonomous Container ships to market

CHALLENGES & OPPORTUNITIES for PORTS & HARBOURS CHALLENGES • Safety and accidents • Cyber

CHALLENGES & OPPORTUNITIES for PORTS & HARBOURS CHALLENGES • Safety and accidents • Cyber Attacks and breakdown in communications • Fires and technical failures on Board • Autonomous Sailing close to shore, in congested channels and locks etc • Management of Integrated Transport not just Ships- SMART Shipping • Alongside Berthing – identification of and alterations to suitable quays • Emphasis on Reduction of crew numbers and no crews • Insurance OPPORTUNITIES • Increased Jobs in the Ports Services Industry • Costs and Payments for Port Services • New business Automation of Ships in Ports & Harbours

PRACTICAL CONSIDERATIONS FOR PORTS • Early interaction with owners and operators of MASS and

PRACTICAL CONSIDERATIONS FOR PORTS • Early interaction with owners and operators of MASS and Customers • Reviewing Port Plans • Consider Suitability of Quays , channels , the mix of users and obstacles to navigation • Review of operating contracts • Assessment of shore-based Facility providers • Location of On-shore Facilities for remote operating systems. Line of Sight and Control Towers/control centres • Use of automated ships in port management - Trials of Tugs in the Port of Copenhagen by Svizter and Rolls Royce • Safe navigation and security within Harbour limits. Automation of Ships in Ports & Harbours

REVIEWING CURRENT LEGISLATION FOR PORTS Some Examples: - • Powers under the Harbours Act

REVIEWING CURRENT LEGISLATION FOR PORTS Some Examples: - • Powers under the Harbours Act 1964 as amended by The Marine Navigation Act 2013 and the Harbour Directions Guidance requiring Harbours to be made safe for Ships including every description of vessel used in navigation, seaplanes and hovercraft. • Will some Ports require a Harbour Revision Order (“HRO. ”) • Port Operations – The UK Port Marine Safety Code , 2016 • The Pilotage Act , 1987. The Norwegian Act relating to Pilot Services had been updated in 2014 • IMO “MEPC 1/Circular 834” (2014 )– Consolidated Guidance for providers and users of Port reception facilities tor Ships • Harbour Byelaws Automation of Ships in Ports & Harbours

Recent changes in national legislation for autonomous shipping in Fin. Iand MASS Helped by

Recent changes in national legislation for autonomous shipping in Fin. Iand MASS Helped by Regulation 1. An Amendment to Finnish Act on ships’ crews and the safety management of ships entered into force on 1 July 2018 • Possible to grant exemptions to minimum vessel manning requirements and watch keeping for testing purposes • The manning of ships can be reduced in automatization tests • The legislative amendment promotes testing of advanced technology 2. An act regarding remote piloting is currently being drafted • Refers to piloting taking place outside of the vessel being piloted • Allows experiments of remote piloting (subject to a license) • Provides new testing opportunities for ship controlling and advanced technologies regarding navigation • Estimated entry into force in 2019

THANK YOU

THANK YOU

Andrew Higgs Commercial Dispute Resolution, Insurance and Legal Risk Management Consultant, Arbitrator & Mediator

Andrew Higgs Commercial Dispute Resolution, Insurance and Legal Risk Management Consultant, Arbitrator & Mediator Andrew is an experienced commercial litigator, specialising in dispute resolution, arbitration, mediation, insurance and legal risk management; both in the City of London (Commercial & Admiralty Courts), and also internationally. Andrew joined Setfords in March 2017, having practiced with a leading City of London law firm for more than 30 years. More recently, he worked as the Liaison Officer for the International Union of Marine Insurance at the International Maritime Organisation, for five years (2008 -2013). He has been a member of the UK MASS RWG (2015 to-date), a member of the CMI Working Group for US/MASS, and a legal advisor to IFSMA on MASS at MSC @IMO. T +44 (0)1428 644 005 (o) T +44 (0)7771 725 541 (m) E [email protected] co. uk Susan Macpherson Senior Consultant Solicitor Susan is an experienced commercial property development lawyer and specialises in regeneration, marina, ports and infrastructure work. She has extensive experience acting on high-profile commercial developments, working closely with professional advisers to deliver major schemes. Sue possesses in depth understanding of the issues for land owners in achieving legal agreements and consents required when selling, buying, developing, funding and regenerating sites. This specialism took her in-house as sole solicitor for the largest marina owner and developer in the UK, and most recently for a marina owner and consultancy business. DDI +44 (0)1962 674 842 T +44 (0)1962 672 809 E [email protected] co. uk