AUTOMATION OF SHIPS · AUTOMATION OF SHIPS IN PORTS & HARBOURS Andrew M Higgs BA(Dunelm),FCIArb.,...

AUTOMATION OF SHIPS

IN PORTS & HARBOURS

Andrew M Higgs BA(Dunelm),FCIArb., Solicitor and Susan Macpherson LLB (Hons), Solicitor

Setfords, London International Marine Group – BPA Conference 2018 - Newcastle - Thursday 11th October 2018 @14.00hrs

I

SHIPS, SHIPPING & THE SEA

Nautical Nomenclature:- A Glossary of Key Definitions & References:-

• UK Merchant Shipping Act, 2005 – “ships”,“shipping” and “small ships”

• IMO Treaty, 1948 (Part 1 Article 1)– “ships” and “shipping”…..

• SOLAS, 2009 (as amended, inc. ISM Code & ISPS Code) – “any ship, (seagoing) vessel and other (waterborne) craft irrespective of type or purpose” “on all voyages”- [Chapter V “Safety of Navigation”- Regulations 1, 2 & 3]

• UNCLOS, 1982 – “ships” & “(seagoing) vessels” [the so-called “umbrella treaty”]

• COLREGs, 1830s-1972 – “(all ships.)...used or capable of being used for transportation on water”

Automation of Ships in Ports & Harbours

“Any (merchant) ship, (seagoing) vessel, (waterborne) craft

[or other man-made vehicle]…

[that is not permanently attached to the seabed or shoreline].” [SOLAS Chapter V]

“(Any ship, seagoing) vessel or water (borne) craft used or capable of being used for

transportation on water” [COLREGs Rule 3]


KEY CHARACTERISTICS OF ‘ALL SHIPS’

Nautical Nomenclature:- A suggested Glossary of 4 Key Characteristics:-

1. Anthropogenic (i.e. the original, man-made, vehicular transport), and

2. Capable of floating on seawater, and

3. Capable of being made seaworthy [for a particular passage, voyage or sea area], and

4. Capable of being navigated in navigable waters by persons (i.e. sentient human beings, who are seafarers ,with good seamanship skills); whether aboard or ashore.


“MSC 99/100” @IMO – May & December 2018

UK MASS RWG & Port State Control

Ship Owners, Ship Operators, Ship Yards and Harbour Masters

Ship Masters, Marine Engineers and Ship’s Crews = ie All “Seafarers”

Ship-Types – naval architects, ship builders & marine engineers…

Safe Ports & Harbours & MASS - a new relevance to Port State Control in Territorial and Inland Waters and the Human Element ?


UNINTENDED CONSEQUENCES…

The Human Element, and Human Factors:-

IFSMA & ITF – Seafarers; both aboard and ashore !

IUMI & IGP&I – Re(Insurance); marine & non-marine

RYA et al – “small ships” & “waterborne craft”

IAPH and BPA–Harbour Masters and Pilots


COMPASS POINTS SUMMARY (8)

• Communications between “ship & shore”, & IT/cyber safety/security issues

• Marine and non-marine property & liability (re))insurance

• Nautical nomenclature of “ships, shipping”, & the sea

• Regional Port State Control, [Paris MoU et al]

• Risk Transfer from Ship to Shore – evidential and data transfer issues

• Ports & Harbours – future planning & usage of land

• “Ship’s Equipment” and Port of Registration and /or Operation

• “Small Ships” and “Waterborne Craft” [i.e. less than 24m LOA &/or 100GT?]


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 FairPlay 20th Feb 2018


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 !


CHALLENGES & OPPORTUNITIES for PORTS & HARBOURSCHALLENGES

• 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


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 Svizterand Rolls Royce

• Safe navigation and security within Harbour limits.


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


THANK YOU Andrew Higgs Commercial Dispute Resolution, Insurance and Legal Risk Management Consultant

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).

DDI +44 (0)1482 333 106 T +44 (0)1482 333 102 E [email protected]

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 commercialdevelopments, working closely with professional advisers to deliver major schemes. Sue possesses in depthunderstanding of the issues for land owners in achieving legal agreements and consents requiredwhen selling, buying, developing, funding and regenerating sites. This specialism took her in-house assole solicitor for the largest marina owner and developer in the UK, and most recently for a marina ownerand consultancy business.

DDI +44 (0)1962 674 842T +44 (0)1962 672 809E [email protected]

AUTOMATION OF SHIPS · AUTOMATION OF SHIPS IN PORTS & HARBOURS Andrew M Higgs BA(Dunelm),FCIArb.,...

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