Maritime pilotage and

Source: http://www.portpictures.nl/ autonomous shipping under Source: https://www.yara.com/

the English law - is it time to

batten down the hatches?
Collision liabilities.
Eva Szewczyk

Source: https://www.kongsberg.com/ Source: https://zeymarine.com/maritime-pilots-heroes-without-capes//

Contents

1. Maritime pilotage and the role of a pilot

2. Maritime Autonomous Surface Ship (MASS) - definitions
3. MASS & IMO
4. Degrees of autonomy & levels of control
5. MASS and maritime pilots
6. Liability targets – changing landscape
7. Summary
Maritime pilotage
International regulation on issues concerning pilotage…
UK: S31(1) of the Pilotage Act 1987 – maritime pilot is “any Generally within
person not belonging to a ship who has the conduct thereof” the purview of
Over 90 “competent harbour authorities” in the UK – national states.
compulsory vs non-compulsory pilotage
Maritime pilots are generally considered “servants of the
vessel” – advisory role (at least in theory!)
Relative immunity across jurisdictions: low limitations, high
burden of proof, restrictions in ways claims can be brought etc
Liability: UK: £1000 and the amount of the pilotage charges;
USA – ‘trip insurance’; Panama Canal – a notable exception.
Will MASS change anything?
Maritime Autonomous Surface Ship (MASS) definitions
Legal: ???

EU Transport Policy: “control system and communications

technology (…) providing a capability to operate ships remotely under
semi or fully autonomous control”

International Maritime Organization (IMO): “a ship which, to a

varying degree, can operate independently of human interaction”

Lloyd’s Register: Autonomy Levels or Unmanned Marine System: “A

surface or submersible system that can be operated without
personnel on board”
MASS & IMO
IMO’s Strategic Plan (2018-2023) has a key Strategic
Direction to "Integrate new and advancing technologies
in the regulatory framework".
IMO completed its regulatory scoping exercise on
Maritime Autonomous Surface Ships (MASS) in May
2021.
The exercise highlighted a number of high-priority
issues, including the development of MASS terminology
and definitions. In particular, it is crucial to clarify the
meaning of the terms “master”, “crew” or “responsible
person”, especially for remotely controlled and fully
autonomous vessels.
There are multiple MASS trials taking place all over the
world, incl. the UK.

Source: UKHO
Degrees of autonomy - IMO

Degree one: Ship Degree two:

with automated Remotely controlled
processes and ship with seafarers
decision support on board
Hybrid?

Degree three:
Remotely controlled Degree four: Fully
ship without autonomous ship
seafarers on board
MASS - levels of control

Role of the operator

changes with the
levels of autonomy.
Decreasing causal
efficacy of the
human agent.

Source: https://www.maritimeuk.org/
MASS and maritime pilots
The need to re-define the nature of pilotage service – departure from the
physical onboard presence in the advent of MASS.
Most likely short to medium-term solution: remote pilotage. UK -
arguably permissible under the Pilotage Act 1987…? (“any person not
belonging to a ship who has the conduct thereof”). Accelerated by
COVID-19, causing concern.
The legal status of the remote operator and pilot, if operating remotely?
Who is in command? Computer, shore control centre or pilot? Dynamics
of shared control - any possible override to retain “advisory” character?
Will there be any need for maritime pilots in case of fully autonomous
vessels? Possible demise of pilotage in the long-term future?
Collision - liability targets
Shipowner – maintaining overarching responsibility in most jurisdictions?

Status of the remote operator – a master, an employee of the shipowner

or an agent of a different entity?

Software designers, manufacturers, equipment and system suppliers etc.–

product liability? Difficulties in pursuing recovery.
Multiple causes
of collision? A
Maritime pilots – are they still advisors or remote operators? complex picture.

Fully autonomous MASS not requiring human in the loop (incl. pilotage) –
an independent liability subject?
Summary
Maritime pilotage may not be required for fully autonomous vessels in the more
distant future.
In the meantime, we are faced with varying levels of autonomy and control –
complex, hybrid systems and multiple actors involved.
The roles of all the actors e.g. pilots, remote operators, software designers,
manufacturers, equipment and system suppliers etc. need to be defined / re-
defined.
Multiple faults will likely coincide, requiring establishing causative potency to
determine liability – even more complexity!
The role of technology is increasing – difficulties in pursuing causal contribution.
New actors will likely require specialist insurance.
Source: http://www.portpictures.nl/
Thank you Source: https://www.yara.com/

e.szewczyk@northumbria.ac.uk
@evaszewczyk

Source: https://www.kongsberg.com/ Source: https://zeymarine.com/maritime-pilots-heroes-without-capes//