To align with the varying levels of ship automation, adjustments to the legal framework for shipping may be necessary. Following a regulatory scoping exercise, the progress of relevant work at the IMO is of significant interest.
Automation has been a driving force in the maritime industry, where advancements in technology are constantly applied to enhance efficiency and safety. This has resulted in the implementation of various levels of automation both onboard ships and onshore.
Examples include situational awareness sensors, autonomous navigation systems, off-ship communication technologies, and robotics.
While the elimination of human error is a potential benefit of automation, it also introduces new risks. From simple malfunctions like power failures to more serious issues such as cyberattacks, automated systems have vulnerabilities. The risks vary depending on the level of automation and autonomy, with fully autonomous vessels presenting unique challenges.
The IMO defines a Maritime Autonomous Surface Ship (MASS) as a ship capable of operating to some degree without human interaction.
The degrees of automation are categorized as follows:
- Ship with automated processes and decision support: Seafarers are onboard to operate and control shipboard systems, with some operations potentially automated and unsupervised.
- Remotely controlled ship with seafarers onboard: The ship is controlled from another location, but seafarers are onboard to take control when necessary.
- Remotely controlled ship without seafarers onboard: The ship is controlled from another location, and there are no seafarers onboard.
- Fully autonomous ship: The ship’s operating system can make decisions and take actions without human intervention.
The legal implications of MASS are substantial. The traditional legal framework governing maritime transport has focused on the integral role of seafarers in ship operations. With the increased use of automation, there is a need to reconsider various legal obligations related to vessel certification, minimum manning requirements, crew training, liability regimes, and national jurisdictional issues.
Key questions include:
- How should automated ships without crews be classified under international and national law?
- How should minimum manning requirements evolve to accommodate extensive automation?
- How can crews be trained to use new digital tools?
- Can automated systems effectively respond to emergencies and make critical decisions to avoid collisions and pollution incidents?
- Should remote operators be considered seafarers?
- Can manufacturers of faulty automation components be held liable for damages?
- Will all national jurisdictions allow MASS operations in their waters?
- How can the safety of life and property at sea be ensured without onboard crews?
Developing a MASS Code
Following the completion of the scoping exercise and work begun during the MSC’s 105th session, the Committee’s 107th session in June 2023 made further progress on the development of a goal-based instrument regulating the operation of maritime autonomous surface ships.
A MASS Working Group was established to progress the work on the MASS Code and to identify issues relevant to instruments under the purview of the Legal and Facilitation Committee. These will be considered by the Joint MSC/LEG/FAL Working Group on MASS (see below).
The aim is to adopt a non-mandatory goal-based MASS Code to take effect in 2025, which will form the basis for a mandatory goal-based MASS Code, expected to enter into force on 1 January 2028.
Interim guidelines for trials of autonomous shipsÂ
The Maritime Safety Committee (MSC) 101st session in June 2019 approved Interim guidelines for Maritime Autonomous Surface Ships (MASS) trials. (MSC.1-Circ.1604).
Among other things, the guidelines say that trials should be conducted in a manner that provides at least the same degree of safety, security and protection of the environment as provided by the relevant instruments. Risks associated with the trials should be appropriately identified and measures to reduce the risks, to as low as reasonably practicable and acceptable, should be put in place.
Any personnel involved in MASS trials, whether remote operators or onboard, should be appropriately qualified and experienced to safely conduct MASS trials. Appropriate steps should be taken to ensure sufficient cyber risk management of the systems and infrastructure used when conducting MASS trials. Official IMO Reference here
Addressing these questions is crucial for enhancing navigation safety and facilitating trade. Developing a harmonized legal framework through soft law or binding legal instruments can improve safety and facilitate trade, especially for developing countries that are major flag states and suppliers of seafarers.
In 2017, the IMO initiated a regulatory scoping exercise for the use of MASS, involving the Maritime Safety Committee (MSC), Legal (LEG) Committee, and Facilitation (FAL) Committee. The exercise concluded in 2021, highlighting the need to address various issues in existing conventions related to safety, training, pollution prevention, and collision regulations.
The MSC identified high-priority issues, including defining MASS terminology, revising provisions for manual operations, and determining the role of remote operators. The LEG concluded that existing conventions could accommodate MASS with some interpretations or amendments. The FAL emphasized the need for definitions and clarifications in the context of the FAL Convention, particularly regarding information exchange and accommodating rescued individuals.
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To address these issues, the IMO has developed a roadmap to create a non-mandatory goal-based MASS Code, with a view to adoption in the second half of 2024. This could be followed by a mandatory code in 2028. A Joint MSC-LEG-FAL Working Group has been established to address common high-priority issues, such as defining the role of the master, crew competencies, and remote control station requirements.
The ongoing work at the IMO on the legal framework for MASS is crucial for providing legal certainty and ensuring the safe operation of automated vessels. It is expected to drive legislative changes at both international and national levels.
Developing countries and seafarers’ associations should actively engage in this process to ensure their interests are represented.
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