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Legal perspective on unmanned maritime vessels and GNSS
1. Legal Perspective on Unmanned
Maritime Vessels & GNSS
Amsterdam, 6 June 2017
HELEN TUNG
BARRISTER
PhD researcher, University of Greenwich
2. Unmanned systems – Air, Land, Sea
Maritime - $450b global shipping Industry (Newsweek)
44% freighter costs associated with human crews
Improved navigation, removal of habitation space and life support, increase
efficiency in each ship by 20% (Rolls-Royce)
‘Is it better to have a crew of 20 sailing in a gale in the North Sea, or say five in a
control room on shore?’ (Levander)
Can computers replace people?
2
3. 1. Introduction
2. Basic Legal Framework
3. COLREGS
4. What are the potential scenarios?
5. Who owns the data?
6. The future
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4. 1. Introduction - What is an unmanned vessel?
- Unmanned Maritime Vehicles (UMV)
- Unmanned Surface Vessels (USV)
- Autonomous Surface Vehicle (ASV) (SBG systems)
- Differing levels of autonomy
- Maritime Autonomous Safety Regulatory Working Group (MASRWG)
- SARUMS Group
- Ideal for 3Ds: Dangerous, Dirty and Dull 3D
Machines and vehicles controlled from a distance
Offshore oil & gas Cargo & transportation Marine Robotics
Salvage Scientific research Search and Rescue
Maritime Law Enforcement Counter Pollution Operations Hydrography
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5. 1. Introduction
— MUNIN (Maritime Unmanned Navigation through Intelligence in Networks)
— MUNIN Project Coordinator Ornulf Jan Rodseth : ‘Ultimately, I can see a
time when maritime disasters are totally eliminated by automated
technology.’
— MASRWG - IMO
— EDA – Liability study on unmanned maritime systems
— ‘Eliminate or reduce the need for people, and vessels could be radically
simplified. Attitudes and ways of working will need to change, but safe
operation is possible, particularly for vessels running between two or
three fixed points.’ Oskar Levander, Rolls-Royce VP of Innovation
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8. 1. Introduction –GNSS
Make GNSS
better and
more reliable
Develop
resilient
systems
Marine user
community
Marine
environment
conditions
Preparing
requirements
and standards
Awareness &
education
Robust &
Reliable
Data logging High accuracy
Position
outputs
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Specific operation type:
- Operations requiring absolute
- Operations requiring position stability robustness
- Multi-mission configurable vessels will require both
9. 1. Introduction - GNSS
Availability
Provide
position
Specified level
of accuracy,
integrity &
continuity
Accuracy or
Navigational
Sense Error (NSE)
Dif b/w the
position by the
navigation sensor
and true position
Defined as the difference between the
position estimated by the navigation
sensor and the true position of the
aircraft which is only exceed 5% of the
time in the absence of system failures.
Integrity
Risk of likelihood of
undetected
navigational error
Or failure that results in
hazardously misleading
info
Continuity
Continuity risk is probability of
a detected by unscheduled
navigation function
Interruption after an operation has
been initiated
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Source www.insidegnss.com
10. 1. Introduction - GNSS
Receiver & Antenna Issues : Small vessel design & Mast
System physical integrity
integrated pod system or
separate receivers &
antenna
Analysis and
selection of
antenna type
Interference
rejection
criteria
Receiver capability
With all marine DGNSS
operations- designed
to prevent single point
failures
Anti-collision
radars:
Automatic
Radar
Plotting Aid
(ARPA)
Electronic
Chart Display
and
Information
system
(ECDIS)
Automatic
Identification
System (AIS)
Global
Maritime
Distress and
Safety System
(GMDSS)
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www.insidegnss.com
11. 2. Basic Legal Framework
Legal
Framework
SOLAS
Conventio
n 1974
INMARSAT
Convention
1976
COLREG
Convention
1972
MARPOL
Convention
MARPOL
1973/78
STCW 1978,
1995, 2010
Load Lines
Convention
1966/1988
Data
protection
rules
Convention
on Ocean
Data
Acquisition
Systems
(ODAS)
International
Ship
Management
Code (ISM
Code)
UNCLOS
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Cyber-
security
12. 2. Basic Legal Framework – UK 12
UK Marine
Industries
Alliance
Maritime
Autonomous
Systems
Regulatory
Working Group
(MASRWG)
International
Navigation
Conference
(RIN)24-26 Feb
2015
Submission of
Information (INF)
paper to IMO
Maritime Safety
Committee 2015
1977 UK Merchant
Shipping (Safety
Convention) Act
1998 UK Merchant
Shipping
(International
Safety Management
(ISM) Code )
Regulations
2002 UK Merchant
Shipping (Safety of
Navigation)
Regulations
2002 UK Merchant
Shipping (Safety of
Navigation)
Regulations
OFCOM
UK Maritime
Coastguard
13. 2. Basic Legal Framework – Japan
Art 21(2) Act on
Telecommunications Services
Privacy under Japanese
Constitution
National Spatial
Data
Infrastructure
(NSDI) Law of
2007
Basic Space
Law of 2008
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Ministry of Land,
Infrastructure,
Transport and
Tourism (MLIT)
administering
body
14. 2. Basic Legal Framework – EU- International
Art 340 Treaty on the
Function of EU (TFEU)
make good any damage
caused by institutions
The Constitution,
Convention, and the
Radio Regulations of
the Int.
Telecommunication
Union
International
Civil Aviation
Organisation
(ICAO)
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Unification of
Private Law
(UNIDROIT)
GNSS Regulation
683/2008
GNSS Regulation
1285/2013
Regulation (EU)
No. 512/2014
Setting up GNSS
Agency
15. 3. COLREGS
International Regulations for Preventing Collisions at Sea
COLREGS
Autonomous collision avoidance constrained by the limitations
of international conventions
This could be achieved through the use of automatic control
routines plus by other technologies from the artificial
intelligence domain.
(Waterborne TP) Source –www.Transportresearch.info
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16. 3. COLREGS
Rule 16
Action by
Give-way
Vessel
Rule 3(g): vessel
restricted in her
ability to
manoeuvre
Every vessel …
[to take] early
and
substantial
action to keep
well clear
Rule 3(a):
‘vessel’ – it can
be used or is
capable of being
used as means of
transportation on
the water
Rule 15
Crossing
Situation
Rule 14
Head on
Situation
Rule 8
Action to
Avoid
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Source: M. Benjamin, J. Curcio, J. Leonard
18. 4. What are the potential scenarios?
— What constitutes a proper lookout for an unmanned maritime system?
— How will a semi-autonomous UMS operate when there is loss of
communications?
— How do operators account for any communications delay to a remote
operator/monitor?
— What is the impact of the environment upon operations?
— Responsibility of avoiding collision remains with Captain?
— How about in the event of a cyber security incident/attack?
Detweiler & LeBourvier 2015
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19. 4. What are the potential scenarios?
Who has
jurisdiction?
National law
International
regulation?
What law governs?
Insurance
Expectations of
seafarers
International
regulation?
International
trade
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20. 5. Who owns the data?
Data
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Respective
GNSS org
State
Googlemaps
Data
protection
laws
Internet
Public
21. 6. The future?
— Potential Use - Dry bulker
— Long distances - Only one loading
— Transports cargo that does not require much human supervision or
intervention during voyage
— Increase efficiency of ship operation
— Enhance sustainability of maritime transport
— Collaborative research & Business Opportunities
— Air, Land and Sea
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