AUTOMATION OF SHIPS IN PORTS & HARBOURS

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2 AUTOMATION OF SHIPS I IN PORTS & HARBOURS Andrew M Higgs BA(Dunelm),FCIArb., Solicitor and Susan Macpherson LLB (Hons), Solicitor Setfords, London International Marine Group BPA Conference Newcastle - Thursday 11th October

3 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

4 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]

5 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.

6 MSC 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?

7 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

8 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?]

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10 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

11 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, 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!

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14 CHALLENGES & OPPORTUNITIES for PORTS & HARBOURS CHALLENGES 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

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16 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 Svizter and Rolls Royce Safe navigation and security within Harbour limits.

17 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

18 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 ( ). DDI +44 (0) T +44 (0) E ahiggs@setfords.co.uk 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 commercial developments, working closely with professional advisers to deliver major schemes. Sue possesses in depth understanding of the issues for land owners in achieving legal agreements and consents required when selling, buying, developing, funding and regenerating sites. This specialism took her in-house as sole solicitor for the largest marina owner and developer in the UK, and most recently for a marina owner and consultancy business. DDI +44 (0) T +44 (0) E smacpherson@setfords.co.uk