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Unmanned shipping
Examining the management, safety and regulation
of autonomous vessels
Contents
With the world’s first fully-autonomous container ship expected to sail in the next few years,
driverless vessels are set to be a game changer in the industry, particularly in terms of companies
meeting financial and environmental targets. Technological, legal and regulatory developments
are gathering speed to make these unmanned ships a reality.

This collection of extracts combines recent articles from Shipping and Trade Law and Lloyd’s
Maritime and Commercial Law Quarterly, as well as other sources on i-law.com, to provide some
background to these issues, summarise what the current law is, and explore the risks which need
to be recognised and overcome.

3 Unmanned ships on the IMO work agenda 5 Objective and subjective safety
Upon request from a group of nine co-sponsoring in unmanned shipping
states, the Maritime Safety Committee of the Unmanned ships must be as safe as possible
International Maritime Organization at its to ensure that they are adopted and operate
98th meeting in London agreed to add the successfully. To objectively consider unmanned
issue of the regulation of unmanned ships ships safe, appropriate laws must apply, and,
to its work agenda, writes Robert Veal. in order to ensure that they do, definitions of
Shipping & Trade Law, June 2017, (2017) 17 STL 5 1 autonomy have to be agreed upon between
lawyers and engineers, writes Hannah Stones.
4 The integration of unmanned Shipping & Trade Law, November 2016, (2016) 16 STL 9 4
ships into the lex maritima
The state of technology is such that unmanned
ships are now a realistic prospect. This includes
remote-controlled ships and fully autonomous
ships. The operation of each presents unique
challenges to regulators and other users of the
sea, writes Robert Veal and Michael Tsimplis.
Lloyd’s Maritime and Commercial Law
Quarterly, [2017] LMCLQ 303
Shipping & Trade Law, June 2017, (2017) 17 STL 5 1

Unmanned ships on the IMO work agenda


Upon request from a group of nine co-sponsoring states, the Maritime Safety Committee of the
International Maritime Organization at its 98th meeting in London agreed to add the issue of the
regulation of unmanned ships to its work agenda. The regulatory scoping exercise will consider
the extent to which the existing corpus of IMO regulations is suitable for the introduction of
unmanned ships, writes Robert Veal.

Technology in the maritime sector Insurance industry must collaborate to create framework for
is developing at an exponential autonomous ships
rate and this has led to an increase
in the number of craft capable of In August 2017 the Australian Maritime Safety Authority granted a request for the operation
navigating the seas without any of remotely operated unmanned ships in Australian waters. Australia joins Finland and
personnel on board. This capability Norway, whose governments have designated areas for testing autonomous technology in
is achieved in a number of ways. ships. Like autonomous cars, it appears crewless ships will soon be in service. The insurance
Some unmanned ships are remote industry will play a key role in enabling this – adapting existing insurance requirements will
controlled by shore-based personnel be the biggest obstacle to the wider adoption of such vessels.
using computer and joystick, Industry experts canvassed by Insurance Day said it was vital the sector works with
facilitated by radio communications. regulators to create an insurance framework that reflects the development of crewless
shipping. Ståle Hansen of marine insurer Skuld, said: “The technology is here now, we need
Other unmanned ships are instead to be working in parallel with it and understand how this changes risks.”
“autonomous” insofar as they are
This is an extract of an article first published in Insurance Day. www.insuranceday.com.
pre-programmed to a set navigational
course and destination and can follow
these instructions without human insuranceday
intervention. Spatial awareness is Business intelligence |

provided through a fusion of multiple


sensors fitted to the ship’s hull or
chassis including cameras, aural and is largely confined to the For this reason, the recent meeting
receptacles and short and long- marine scientific research, military of the IMO’s Maritime Safety
range radar. Data from these sensors and, to a lesser extent, offshore Committee (MSC) was significant.
is processed using sophisticated communities. Permission to use Thus far, work and discussion in
software technology and action is such craft is obtained on an ad hoc the area of unmanned shipping
facilitated through advanced control basis from the relevant national regulation has been a patchwork
algorithms. Location information maritime authorities and presently of efforts by a number of different
is provided through the ship’s this suffices because operations do working groups based primarily in
transmission to the Global Positioning not currently include international Europe and the United States.
System (GPS). A combination of voyages. However, some the
control methods is possible: for developers of this technology aim Robert Veal, Research Fellow,
instance a ship may autonomously to apply it to container carriers and Institute of Maritime Law, University
navigate to a designated location and passenger liners of comparable of Southampton; Comité Maritime
thereafter be remotely controlled in size to their manned counterparts. International, International Working
areas of navigational hazard. Some These unmanned ships will, of Group on Unmanned Ships
of these ships operate on the water course, undertake international
surface whereas others operate voyages and in this respect the This is an extract of the original
exclusively underwater. optimum exploitation of the article. To access the full analysis,
technology is best served by a please visit Shipping & Trade Law at
At present the usage of unmanned genuinely international approach www.shippingandtradelaw.com and
craft is comparatively limited to its regulation. www.i-law.com.

informa | Business Intelligence / 3


Lloyd’s Maritime and Commercial Law Quarterly, [2017] LMCLQ 303

Lloyd’s Maritime and Commercial Law Quarterly

The integration of unmanned ships


into the lex maritima
The state of technology is such that unmanned ships are now a realistic prospect. This includes
remote-controlled ships and fully autonomous ships. The operation of each presents unique
challenges to regulators and other users of the sea, write Robert Veal and Michael Tsimplis.

This article considers the ways from aerial drones and driverless Robert Veal, Research Fellow,
in which unmanned ships may cars to the prospect of unmanned Institute of Maritime Law, University
be integrated within the existing ships. The introduction of these of Southampton; Michael Tsimplis,
maritime regulatory framework unmanned craft into the maritime Professor of Law and Ocean
and assesses the ability of such domain presents a dilemma to Sciences, School of Law, University of
ships and their operators to comply the investors in this technology Southampton
with its requirements. The article as well as to maritime regulators.
argues that, because the onboard Should such craft be integrated with This is an extract of the original
presence of seafarers is not an manned marine craft and ships on article. To access the full analysis,
express prerequisite to “ship” the same regulatory basis, or should please visit Lloyd’s Maritime and
status, under the various available they be categorised separately and Commercial Law Quarterly on
definitions of the term, unmanned afforded their own rules? www.i-law.com.
“ships” could be accommodated
within the existing legal framework
with small modifications. It argues Unmanned ships and their international regulation
that the level of autonomy of an From aerial drones to driverless cars, the transport sector is undergoing steady but
unmanned ship has a profound
LMCLQ masthead.indd 1 25/08/2017 08:13:56
remarkable change, with humans stepping aside and allowing their traditional roles in
bearing on its ability to comply with transport operations to be performed by an increasingly sophisticated suite of automated
the requirements of this framework systems. The maritime domain is not immune to this trend, writes Robert Veal.
and that regulatory guidance on
One organisation at the forefront of this technological initiative is Rolls-Royce, and only
safe unmanned operations and
recently did Rolls’ Vice President for Innovation reaffirm plans to put an unmanned
the development of international
passenger ferry into Finnish territorial waters by as early as 2020. The prospect of
consensus is essential in order to
unmanned ships poses both unique opportunities and challenges, not least for lawyers,
facilitate the use of the technology
regulators and users of the seas. This paper will outline some of the threshold legal
in world trade. To the extent that
questions which arise from the prospect of unmanned shipping.
the new technology is commercially
beneficial, its use will prevail and What the industry calls “unmanned surface craft” have been in our waters for several decades
either a regulatory regime will need and have a history, in particular in the science research community, for a large number of
to be developed or the existing one surveying exercises. These craft are capable of self-propelled and controlled movement on the
will need to be adjusted. Within this water without any persons onboard. They are controlled in a variety of ways but, principally,
context it is suggested that the main they are remotely controlled by shore-based personnel with a laptop and joystick. This control
existing legal framework can be is facilitated by line-of-sight radio communications, increasingly aided by location information
interpreted in a way that permits the provided by the craft’s transmission of the global positioning system (GPS).
inclusion of ships into the existing
This is an extract of the original article. To access the full analysis, please visit Shipping &
framework and that this is the easier
Trade Law (2016) 16 STL 9 1 at www.shippingandtradelaw.com and www.i-law.com.
way forward.

The development of robotics, sensing


and communication technologies is
revolutionising the transport sector,

4 / Business Intelligence | informa


Shipping & Trade Law, November 2016, (2016) 16 STL 9 4

Objective and subjective safety in


unmanned shipping
Unmanned ships must be as safe as possible to ensure that they are adopted and operate
successfully. To objectively consider unmanned ships safe, appropriate laws must apply, and, in
order to ensure that they do, definitions of autonomy have to be agreed upon between lawyers
and engineers. An example of ensuring subjective safety is to ensure that collision avoidance
systems fully incorporate Collision Regulations, writes Hannah Stones.

As is often asserted, unmanned Insurers must look to other sectors to create framework for
ships, which are ships without a autonomous shipping
master and crew onboard, are the
future of shipping, and that future is The future of autonomous shipping is dependent on marine insurers working with others to
rapidly approaching. This is largely create the necessary legal and regulatory frameworks, a leading marine lawyer has said.
due to the potential cost savings Robert Veal, research fellow at the Institute of Maritime Law, University of Southampton,
from not having to pay people to said mariners had a lot to learn from other industries that had been disrupted by
be onboard, and the reduction of autonomous and driverless vehicles.
human error. However, the law Veal urged marine insurers to look to their colleagues who had dealt with the advent of
is a crucial factor in determining drones, driverless trains and autonomous cars for guidance. He said “exponential change” was
whether unmanned ships are expected within shipping within the next 20 years. Many shipping companies have ambitions
feasible: whether they can be a of crewless vessels controlled onshore by one person (who would be capable of controlling
commercial reality and not just a multiple vessels at the same time) or vessels requiring no human interaction at all.
technological possibility.
This is an extract of an article first published in Insurance Day, August 2017.
www.insuranceday.com.
This article will consider two ways of
ensuring the safety and feasibility
of unmanned ships. The first insuranceday
concerns objective safety, which Business intelligence |

means ensuring that appropriate


laws apply to unmanned ships. The
second concerns subjective safety, personhood on an unmanned ship. complicated way of considering
which relates to how other users of The law could go even further and autonomy of an unmanned ship is
the seas will perceive and interact consider it as a human, because as the autonomy of a possession,
with an unmanned ship. Both if the machine can perceive, for which the owner is responsible.
types of safety are needed, and understand and make decisions like
the relevant laws and regulations a human it could be treated as such. Hannah Stones, Leverhulme
must be tested against available Trust Doctoral Scholar, and Vice
technological solutions. If legal personhood was applied Chancellor’s Scholar, Institute of
to unmanned ships, liability would Maritime Law, and Southampton
When referring to unmanned or still be imposed on the owner, so it Marine and Maritime Institute,
autonomous ships it can be unclear would be an unnecessary distinction University of Southampton
what is meant by autonomy, yet it from other ships. Treating the
is an important concept in defining ship (or at least its intelligent This is an extract of the original
the legal position of the ship and the systems within) as human would article. To access the full analysis,
owner. If the ship itself is considered not be effective, as the owner please visit Shipping & Trade Law at
as the equivalent of the master this would not be held liable and suffer www.shippingandtradelaw.com and
leads to issues of conferring legal losses to motivate change. A less www.i-law.com.

informa | Business Intelligence / 5


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