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China’s shipbuilding industry is showing significant signs of a slowdown, in part has been hard hit by the latest waves of the pandemic which delayed the production schedule for a broad range of ships. While the yards and specifically the industry centered around Shanghai are emphasizing their return to operations in recent weeks, the first four months of 2022 showed a marked slowdown in activity.

Data from the China Association of the National Shipbuilding Industry (CANSI) illustrated the scope of the impact of COVID-19 on the shipbuilding industry in 2022. For the first four months of the year, the total output by the shipbuilding industry of 11.71 million dwt was down nearly nine percent versus a year ago. Domestic volumes appear to be stronger as CANSI reports that exports were down nearly 15 percent to 10.28 million dwt.

Exports or orders of ships for international shipowners however continue to make up the vast majority of the business at Chinese shipyards.  The data highlights that nearly 90 percent of the volume from the shipyards in the first four months of 2022 was for export. Also, reflecting the rising costs and high prices for ships they reported that the value of the export ships topped $5.8 billion and while it was off by more than 10 percent it was a smaller decline than the volume of export tonnage.

Global newbuilding orders from shipowners are also declining from last year’s peak. CANSI reported that the Chinese shipbuilding industry received orders for 15.39 million dwt, which was down nearly 45 percent year over year. Most of the decline was coming from international shipowners with export orders for the Chinese shipbuilders down nearly 45 percent in the first four months of 2022. Despite the drop from 2021’s record levels, so far in 2022, China added another 13.66 million dwt in export ship orders.

The shipyards are reporting that they are working hard and quickly moving back to full capacity after having been closed for most of April and into May. China Shipbuilding’s Hudong-Zhonghua shipyard was able to proceed with work for most of May, reporting that it passed milestones for six ships in the first part of the month. This included sea trials for an 80,000 cbm LNG carrier, starting the engine for a new 13,000 TEU containership, moving Evergreen’s second 24,000 TEU containership out of the dry dock, and starting final assembly work on another LNG carrier.

Similarly, just a week after restarting operations, the Jiangnan Shipyard was able to deliver an LNG dual-fuel Newcastlemax bulk carrier to EPS, while another Newcastlemax bulk carrier and an Aframax crude oil tanker each achieved milestones in their construction last week. Two other vessels were also repositioned in the dry dock for the next phase of construction with the shipbuilder located near Shanghai vowing to make up for lost time and complete its project on time.

While the industry has been impacted by COVID-19 and the global slowing in orders, the Chinese shipbuilders continue to have a large orderbook. As of the end of April, a total of 102.47 million dwt was on order up more than 20 percent versus 2021. Export ports make up 89 percent of the total orderbook.

Chinese shipbuilding remains the largest segment of the global industry winning 54 percent of the new orders in 2022. China’s backlog accounts for just under half the total market volume for new ships.

PUBLISHED BY THE MARITIME EXECUTIVE


The global market for Autonomous Ships, estimated at US$7 Billion in the year 2022, is projected to reach a revised size of US$10.1 Billion by 2026, growing at a CAGR of 8.9% over the analysis period.

Growth of the autonomous ships market is expected to be driven by the surge in sea-based trade globally due to its cost effectiveness in comparison to other transport modes, in addition to the shortage of trained and experienced sailors. Globally, cargo to the tune of nearly 1.7 billion tons per annum gets transported in about 180 million containers.

Also, the growing number of marine accidents due to human mistakes, which lead to considerable financial losses and damage to the environment, are fostering interest in autonomous ships. The growth in marine tourism and increasing interest in smart connected ships and vessels with situational awareness are also auguring well for the market.

Also, growing research initiatives and collaborations among companies belonging to various industries in many countries for making the naval structure autonomous are expected to aid market growth. The rising use of connected smart ships, given their various advantages such as fleet health monitoring data and vessel traffic management data are also benefitting the market.

Furthermore, the rising investments being made for the R&D and construction of autonomous ships are also fueling market growth. The use of IoT and other such latest technologies in these ships is also being considered to lower the environmental impact of maritime traffic and make autonomous marine projects more efficient.

Commercial, one of the segments analyzed in the report, is projected to grow at a 9.4% CAGR to reach US$7.1 Billion by the end of the analysis period. After a thorough analysis of the business implications of the pandemic and its induced economic crisis, growth in the Defense segment is readjusted to a revised 7.9% CAGR for the next 7-year period. This segment currently accounts for a 37.5% share of the global Autonomous Ships market.

The U.S. Market is Estimated at $1.4 Billion in 2022, While China is Forecast to Reach $1.6 Billion by 2026

The Autonomous Ships market in the U.S. is estimated at US$1.4 Billion in the year 2022. The country currently accounts for a 20.09% share in the global market. China, the world’s second largest economy, is forecast to reach an estimated market size of US$1.6 Billion in the year 2026 trailing a CAGR of 10.3% through the analysis period.

Among the other noteworthy geographic markets are Japan and Canada, each forecast to grow at 6.8% and 8.1% respectively over the analysis period. Within Europe, Germany is forecast to grow at approximately 9.4% CAGR while Rest of European market (as defined in the study) will reach US$842.2 Million by the end of the analysis period. Europe is a key market for autonomous ships, given its considerable investments in the development of these ships and the huge fleet size.

The growing interest in cruiser power boats and yachts in the region is auguring well for the autonomous ships demand. Further, the growing governmental and organizational investments and efforts in developing these ships are boosting market growth. Also, enterprises are rendering support to government initiatives to make naval vessels autonomous in nature.

North America (including USA and Canada) is another important autonomous ships market, given the significant fleet size and the growing seaborne trade. The market in the region is also benefitting from the increasing recreational activities and tourism. Asia-Pacific autonomous ships market is anticipated to witness healthy growth, supported by growing maritime trade and rising focus on developing sea tourism in the region.


A Chinese shipping magazine has released the clearest photographic evidence yet that the PLA Navy has created a knock-off of the U.S. Navy’s Sea Hunter unmanned surface vessel. Except for the shape of its deckhouse, the 200-ton trimaran prototype could easily be mistaken for the U.S. Defense Advanced Research Projects Agency’s research boat.

Naval analyst H.I. Sutton first reported the existence of the boat in 2020, when he posted a social media photo of the vessel and satellite imagery for geolocation. At the time, the unnamed prototype was based at a small shipyard on the Yangtze River near Jiujiang, about 450 river miles inland from Shanghai.

The vessel’s trimaran structure – with two shorter amas attached by twin beams to the longer central hull – is clearly a derivative of the Sea Hunter’s design, while the inward-sloping deckhouse bears a marked resemblance to the Zumwalt-class destroyer’s ziggurat-shaped superstructure.

According to the Weibo account of China Ocean Shipping Magazine, the prototype completed its first navigation test at sea on June 7. Its specifications are roughly comparable to Sea Hunter’s: a speed of more than 20 knots, operational in Sea State 5 or less, and a length of less than 200 feet. It differs in its integration of low-observable (stealth) design, as seen in the shape of its bow and deckhouse.

Chinese state shipbuilder CSSC is also building a much larger autonomous naval vessel prototype with a similar trimaran form factor, as well the world’s first “drone carrier” for deploying AUVs, USVs and UAVs.

Sea Hunter and its sister vessel Sea Hawk operate out of San Diego under the custody of the U.S. Navy’s Unmanned Surface Vessel Division 1. Both prototypes are set to participate in this year’s Rim of the Pacific (RIMPAC) international exercise off Hawaii, the largest of its kind in the world.

Resource:THE MARITIME EXECUTIVE


China’s first domestically developed 200 ton-class unmanned surface vessel, characterized by its capabilities in stealth and far sea operation, has wrapped up its first autonomous sea trial, with analysts saying that drone ships like this can provide new tactics for naval warfare including distributed operations and swarm combat.

The sea trial took place in waters near Panzhi Island in Zhoushan, East China’s Zhejiang Province on Tuesday and ended in success after three hours of data collection, China Central Television (CCTV) reported on Thursday.

The vessel has a displacement of about 200 tons, a length of more than 40 meters and a trimaran design. The unmanned surface vessel has a top speed of more than 20 knots, can carry out tasks under sea state 5, or rough waves, and can sail safely under sea state 6, or very rough waves, CCTV reported.

Some of the technical parameters of the vessel, including its detection range, stealth capability, integrated power system and comprehensive environmental awareness, are world-leading, media reports said.

“The voyage results are almost identical to what we expected. Next, we will conduct collision avoidance tests for the drone ship and further examine the vessel’s performance,” Zou Long, the on-site leader of the project, was quoted by chinanews.com as saying.

Zhejiang-based Beikun Intelligent Technology company started the project with research and development in late 2015, aiming to build a hundred ton-class, intelligent, autonomous and highly stealthy unmanned surface vessel with the ability to cruise in high sea conditions while making little noise.

The ship was launched on August 28, 2019 in Jiujiang, East China’s Jiangxi Province, and sailed for 1,000 nautical miles in about 30 voyages in the Boyang Lake before arriving in Zhoushan in 2021, proving its initial navigational capability prior to the first sea trial, the report said.

With characteristics like outstanding stealth and high situational awareness, the drone ship could see military applications and provide many new tactics in naval warfare, a Beijing-based military expert who requested anonymity told the Global Times on Thursday.

There’s no risk of casualties with unmanned equipment, so the drone ship can be sent into dangerous combat zones to carry out reconnaissance, anti-submarine, anti-aircraft or anti-ship missions with corresponding equipment, the expert said.

A group of drone ships can work as vanguards or scouts either for coastal defense or in a flotilla of larger warships with crews at far sea. They can be far away from each other and carry out distributed operations, meaning that enemies will have a hard time taking them out one by one, or they can form a swarm and overwhelm the enemies, the expert explained.

China is building an even more advanced, large drone ship. On May 31, the No.716 Research Institute of China State Shipbuilding Corp started construction of China’s most advanced large unmanned ship, which is characterized by its high speed, long endurance and fully domestically developed propulsion system.


Bureau Veritas, Laskaridis Shipping and METIS Cyberspace Technology are joining forces on a pilot project to develop a new BV SMART 3 Class notation covering the use of augmented data in ship operations.

The ‘Smartship’ pilot project will focus on developing a range of additional class notations adapted to the latest advances in digitalization technology, with a focus on the augmented ship. The SMART 3 notation will also cover ship to shore connectivity, remote decision support and remote operations.

Paillette Palaiologou, Vice President for Southeast Europe, Black Sea & Adriatic Zone at Bureau Veritas Marine & Offshore, commented: ‘Digitalisation is transforming the maritime industry, bringing new challenges and opportunities. The new range of notations will help advance the journey towards more digitalized and autonomous ships.

Laskaridis Shipping has worked on applying advanced real time monitoring solutions which help optimise ship efficiency and minimise environmental impacts.

We are very proud to be a partner in the highly innovative SMART certification project,’ said George Christopoulos, Chief Operating Officer, Laskaridis Shipping.

‘We have committed to being at the forefront of maritime digitalization based on the gains these technologies deliver in operational excellence and enhanced ship sustainability.’

 


The Mission to Seafarers has officially re-opened its drop-in centre at Jurong Port after a two-year closure due to Covid restrictions.

“It’s great to be back!” declared the Mission to Seafarers Singapore (MtSS) Chairman, Capt. Rob Walker, as he welcomed partners, supporters and friends.

Guest of Honour of was Esben Poulsson, Vice-President of the Mission to Seafarers, and the event was attended by representatives from Maritime & Port Authority of Singapore (MPA), Jurong Port, Singapore Maritime Officers Union (SMOU), the Diocese of Singapore, St. George’s Church, as well as many of the Mission’s regular sponsors.

The lifting of Covid travel restrictions by Singapore, including seafarers, enabling ship’s crew to enjoy shore leave in the Lion City for the first time since the onset of the pandemic. Helping seafarers stay connected during the pandemic some 6,296 seafarers aboard 748 vessels moored and at anchorage in Singapore have benefitted from the use of loaned routers for internet access since August 2021.

MtSS chaplain, Toh Soon Kok, also presented a potted history of the Mission and its future plans at Singapore’s Tuas megaport.


The shipping industry, like many others, continues to suffer as a result of the global spread of the coronavirus disease 2019 (COVID-19). Whilst hope remains that the outbreak can be managed and brought under control, the spread of the pandemic may stimulate or accelerate the adoption of autonomous technology onboard vessels and drive interest in the commercial use of MASS. During lockdown, we have been approached by numerous owners and charterers to advise on the impact of COVID-19 on conventional shipping, including issues regarding crew changes, repatriation, interpretation of force majeure clauses and the doctrine of frustration, insurance coverage issues, completion of the sale and purchase of vessels, ship building issues, refit and repair contracts and navigational restrictions. Whilst all of these issues will also be relevant for autonomous vessels, some MASS are, by design, insulated from the current crewing challenges facing the conventional shipping industry.

The impact of COVID-19 on crews should not be understated. The International Chamber of Shipping has estimated that every month roughly 100,000 seafarers reach the end of their employment contract and need to be repatriated. However, most jurisdictions have implemented restrictive rules for seafarers transiting their jurisdiction, either to return home or to join a vessel. Guy Platten, the International Chamber of Shipping’s Secretary-General, recently warned that there are “currently 1.2 million seafarers at sea … limitations on crew changes have potential to cause serious disruption to the flow of trade”.

Depending on the level of autonomy displayed by a MASS, these crewing issues are less likely to impact the vessel’s operational performance and, with the uncertainty surrounding when a worldwide vaccine will become available, we expect that there is likely to be increasing interest in MASS.

The spread of COVID-19 has also forced shipping companies to implement remote working and digital technologies for business continuation and fleet optimisation. For example, suppliers of unmanned aerial vehicles and remote-control services have found new markets in ship inspections. Further, shipping companies and original equipment manufacturers are using artificial intelligence for predictive maintenance, intelligent scheduling, real-time analytics and improving performance. Digitalisation has also opened new services and connectivity for class. For example, DNV GL now issues an e-certificate every four minutes and 80% of its customers have indicated they would use a digital tool for smart survey bookings. DNV GL has completed 17,400 remote surveys since 2018, over half of which have taken place in the past 6 months, with DNV GL conducting on average 300 remote surveys per week since coronavirus-restricted travel was implemented.

COVID-19 has, however, caused a number of MASS-related projects to be put on hold. Regular readers of our bulletins will recall that we have reported previously on the Yara Birkeland. The hull was launched in Romania in February 2020 and was expected to arrive at the Vard Brevik shipyard in Norway in May where it was due to be fitted with control and navigation systems and undergo testing. As a result of the pandemic and the change in the global shipping outlook, Yara International has paused further construction. We may see other projects being put on hold until the economic impact of COVID-19 is fully understood.

MASRC20

At the 5th annual MASRC, held at the UK Chamber of Shipping on 15-16 January 2020, stakeholders discussed the opportunities and issues associated with MASS, including costs, growth and performance. Despite there being more than 1,000 autonomous vessels operating in international waters, together accumulating tens of thousands of incident-free days at sea, there were differing views as to just how successful MASS will be. Operators of small autonomous vessels were optimistic. However, larger shipping operators were more sceptical, for example as to the reliability of software and systems, and the costs of modifying conventional vessels to enable autonomous capabilities.

The event featured a number of presentations, covering a range of aspects in relation to autonomous shipping. These included presentations on the IMO’s Regulatory Scoping Exercise, cyber risks and autonomous navigation. In a keynote speech, Nusrat Ghani MP discussed the UK Government’s Maritime 2050 strategy, which aims to make the UK a global maritime leader and grow the industry over the next few decades. The speech focussed on technology, digitalisation and the environment, with clear support being expressed for autonomous maritime technologies. It is unclear if the financial issues caused by the current pandemic will impact this plan.

Advantages of autonomy on the transport modes

A recent TT Club online forum broached the subject of ‘Drones and autonomous vehicles: The future… now?’. During the forum, the panel examined the barriers to growth of autonomous freight transport. Speakers included Svilen Rangelov (Co-Founder and CEO at Dronamics); Pranav Manpuria (CEO of autonomous truck developer, Flux Auto) and Hussain Quraishi (Strategic Innovation Manager at Wärtsilä).

The panellists suggested that increased automation at sea would lead to improved safety and voyage optimisation (which had already been realised). In the medium-term, reduced crewing was expected to impact upon coastal trade the most as crew expense forms a greater percentage of operating costs.

The lack of uniform regulation across national governments and even within countries was described as a major block to autonomous vehicle and drone deployment. The level of investment required was not, however, high on the list of obstacles.

Environmental hazards (such as bad weather affecting autonomous ships) were seen as challenges that technology could cope with, while the avoidance of human error will improve safety. However, the forum concluded that vulnerability to cyber-attack was perceived to increase with the use of computer-controlled vehicles and was therefore a strong disincentive to adoption.

Investments in MASS projects

Some stakeholders see significant market potential in autonomous vessels, with such vessels expected to promote safe, efficient and sustainable operations around the world. An example is Kongsberg, which has designed a project to test and develop a wide range of autonomous technologies in collaboration with a number of partners. This includes navigation and intelligent machinery systems, self-diagnostics, prognostics and operation scheduling capabilities, and communication technology. The project will receive a €20.1m grant from the EU’s Horizon 2020 programme to equip two vessels with such technologies, so that they can be autonomous and controlled remotely.

Separately, Kongsberg has recently announced that, as part of a collaboration with Bastø Fosen and the Norwegian Maritime Authority (NMA), the world’s first adaptive ferry can demonstrate automatic control. By integrating autonomous technology onto the Bastø Fosen VI, the vessel is able to transport passengers and vehicles between docks, and is also able to perform all docking and crossing functions to a high degree of accuracy. However, it remains manned by a full crew and is currently not fully autonomous. For example, in the event that the vessel is on a collision course, an alarm will sound to signal that human intervention is required to avoid objects or other vessels. Nevertheless, the benefits of the technology are clear, and include optimised fuel consumption, operational cost savings, improved timekeeping and higher customer satisfaction. A six-month trial period is currently underway, and an anti-collision system is expected to be installed and tested later this year. Although regulations will need to keep pace, it is encouraging that bodies such as the NMA are facilitating developments in the autonomous shipping space.

A 27m harbour tug owned and operated by PSA Marine has also been equipped with technology (made by Wärtsilä) to enable it to navigate autonomously. Initial sea trials were successfully completed in Singapore in mid-March 2020, having commenced in September 2019, and work will continue throughout 2020. It was confirmed that the technology is capable of avoiding obstacles, including both real-life moving vessels and virtual obstacles. A smart navigation system allowed for routes to be planned in real time, also sending track and speed commands to Wärtsilä’s dynamic positioning system that sailed the vessel at varying speeds. The trials represent a first for commercial MASS using the Maritime and Port Authority of Singapore’s regulatory sandbox, and are part of an initiative to promote the development of MASS.

A Japanese consortium consisting of Marubeni Corporation, Tryangle, Mitsui E&S Shipbuilding, and the City of Yokosuka is to launch a pilot project that will aim to establish the technology for autonomous ship operation in Yokosuka City. A pilot project is being trialled on a voyage route between Mikasa Pier and Sarushima Island in Yokosuka City. The autonomous ship technology, which is being developed by Mitsui E&S Shipbuilding, is to be retrofitted onto an existing small-sized passenger boat operated by Tryangle. Autonomous ship operations will include berthing and unberthing. The ship crew will, however, remain onboard. The retrofitting will be completed by the end of 2021, and the autonomous operation will start before the end of March 2022.

The Royal Navy has begun trials of an autonomous model of the Pacific 24, a rigid inflatable vessel which has been in service for 25 years. The autonomous model has been developed by Navy X, the Royal Navy’s innovation wing, and BAE Systems. The Pacific 24’s control system and sensors have been upgraded and the Royal Navy will be able to programme the vessel to fulfil an order. The vessel will then be able to calculate the best way to carry out the task.

Wärtsilä have announced that they will provide a high-speed, high-resolution K-band radar system designed to provide high levels of situational awareness – especially in densely populated marine environments to the Mayflower autonomous vessel. As discussed in our January bulletin, the Mayflower will undertake the same voyage as its namesake during which it will conduct oceanographic research. The Mayflower is 15 metres long and weighs 5 tonnes. Sea trials began in March 2020 and the transatlantic voyage is scheduled to take place in April 2021.

A consortium made up of C-Job Naval Architects, LISA, seazip Offshore Service, Sea Machines, MARIN, and el-Tec elektrotechnologie has released a concept design for an autonomous guard vessel (AGV). These vessels are designed to protect offshore windfarms and the ships trying to navigate around them. By removing the vessels’ crew, the design is smaller and lighter than current guard vessels allowing it to be battery powered. When other vessels approach the asset protected by an AGV, the AGV is designed to take action to secure the area in order to avoid collisions and damage to the offshore infrastructure. The AGV can communicate with an intruding vessel, send information on how to safely navigate the area and also physically escort intruding vessels away from the site while recording the encounter to provide video footage in case of any incident.

Abu Dhabi Ports has begun to work with naval architects at Robert Allan to develop autonomous port vessels, including tugs for unmanned towage and harbour operations. The vessels will be capable of remote control operations and could potentially become fully unmanned, enabling the vessels to operate in more adverse weather conditions.

South Korea has announced the launching of a project to develop MASS by 2025. The aim is to build vessels with the third level of autonomy as defined by the IMO (i.e. Remotely controlled without seafarers on board). The Korean Ministry of Commerce, Industry and Energy and the Ministry of Oceans and Fisheries have set up a specific working group and have allocated 160 billion won (US$132 million) to the project. The project’s aim is to capture 50% of the market share of the global autonomous vessel market by 2023.

India-based Cochin Shipyard Ltd (CSL) has signed contracts for the construction and supply of two autonomous electric freight ferries for Norway-based ASKO Maritime AS, a subsidiary group of Norges Gruppen ASA, with an option to build two more identical vessels. The 67-metre long vessels will initially be delivered as fully-electric transport ferries, powered by an 1,846 kwh capacity battery. The ferries are being built with the help of NOK119m ($12.8m) in Norwegian Government funding as part of a project to provide emissions-free transportation of goods across the Oslo Fjord. They will be operated by Massterly AS, a joint venture between Kongsberg and Wilhelmsen. Massterly was set up to take technical management and operate autonomous vessels. After commissioning of autonomous equipment and field trials in Norway, the vessels will operate as fully autonomous ferries, able to transport 16 fully loaded standard EU trailers in one trip across the Fjord.

South Korea-based shipbuilder Daewoo Shipbuilding & Marine Engineering (DSME) has signed an agreement with the Port of Rotterdam Authority to develop ship-related smart technologies.

The two companies will study how to develop smart ships suitable for digitalised ports over the next three years with a significant focus on autonomous operations.

At the recent Netherlands Forum for Smart Shipping, Kotug International, Rotortug and tech start-up Captain AI demonstrated a novel piece of dispatch planning software which enables real-time optimised route planning for autonomous vessels. The system uses AIS data and artificial intelligence, connected to the autonomous tug’s autopilot. The software, Captain AI Route Planner, acts as a “Google Maps for waterways” and plans the route which the tug follows autonomously, using the Captain AI Autopilot software. By using the software, autonomous vessels are anticipated to save fuel and reduce CO2 emissions by following the optimal route. The software builds on Kotug International and Rotortug’s 2018 demonstration of a tug in the Port of Rotterdam being operated remotely from Marseille, France.

Regulatory and software developments

The Russian Maritime Register of Shipping has published guidelines on the classification of MASS. The guidelines address the survey of MASS under design and construction stages, conversion into MASS and manufacturing of materials and products for MASS. The focal areas include the situational awareness systems, radio and data communication, navigation and manoeuvring, and propulsion. The document also specifies the track marking and remote control centre that play an important role in the MASS monitoring and safe navigation.

A UK based company called Windward has released Maritime Artificial Intelligence Analytics (MAIA) 4.0 which it describes as software that is capable of screening, searching and analysing dynamic maritime data to connect data and discover potential risks and “questionable business partners”. The intention is that the software will use dynamic predictive intelligence based on a vessel’s identity, cargo, location and voyage patterns (amongst other data) and then link this to patterns and profiles. One aspect that the software has been designed to spot is voyage irregularities. Windward hopes that its software will be able to profile activity in the shipping market so that stakeholders will be able to easily ascertain whether they are dealing with businesses that are compliant with the latest regulations.

Data sharing

Solis Marine and maritrace have developed an online platform to demonstrate how complex datasets derived from a multitude of sources at a single port can be consolidated into one distribution system. The platform is part of the UK Maritime and Coastguard Agency’s (MCA) marlab project, and allows MASS to access data collected from the test site, Portland Harbour in Dorset, on demand. The datasets cover, for example, information regarding maritime traffic, seabed and weather conditions. It is hoped that the sharing of data between the MCA and other organisations will further the development of MASS, such as in relation to the programming of MASS. However, Dr. Katrina Kemp from the MCA has said that the UK needs a clear regulatory pathway for MASS.

In January 2020, the project team had invited stakeholders to test the prototype, in order to provide marlab with valuable feedback. A five month period of testing at Portland Harbour enabled the development of a technology stack to demonstrate how multiple data sources from a single port could be consolidated into a single location for MASS operators to then access the data on demand.

HFW involvement

HFW had been intending to participate in a number of events, such as the Autonomous Ship and Technology Symposium, but some of these have been postponed until next year.

Notwithstanding this, HFW have been asked by BIMCO to take part in a project to adapt SHIPMAN 2009 to provide third party management services for autonomous ships. The drafting sub-committee includes Massterly, NYK, Anglo Eastern, Gard and HFW. The project is ongoing, with meetings taking place remotely and good progress has been made.

Finally, certain events have been moved online and HFW have recently been involved with the Swansea Colloquium at Swansea University in which Paul Dean gave a paper on Autonomous Systems and looked at the impact of cyber risks and seaworthiness of MASS. The paper examined recent cyber security breaches and provided an insight as to how the courts are likely to consider an owner’s failure to adequately prevent a cyber-attack.

Conclusion

Since our last bulletin, the continuing development of MASS has proven to be resilient, albeit not immune, to the challenges of COVID-19. While the pandemic continues, one can see MASS becoming increasingly attractive, if only to avoid the crewing challenges caused by the pandemic. However, it is the fear of another virus – cyber – which remains one of the biggest obstacles facing the development of MASS. HFW continues to advise in this area, including drafting one of the first bespoke cyber insurance policies and playing a key role in the BIMCO drafting sub-committee for the BIMCO Cyber Security Clause 2019.

Source: lexology


In the May 2019 edition of Legalseas, we reflected on the implication of the Court of Appeal decision in the case of Evergreen Marine v Nautical Challenge (Evergreen) when considering the interaction (and interpretation) of the Collision Regulations (COLREGs) (specifically the crossing rule (Rule 15) and narrow channel rule (Rule 9)) in circumstances when they appeared to conflict.In this edition, we consider how the facts in Evergreen demonstrate the challenges faced by those developing autonomous vessels and particularly the algorithm-based navigational systems which will need to interpret the Regulations for the Prevention of Collisions at Sea 1972 (COLREGs). We have used the Evergreen case to consider circumstances where obligations under the COLREGs appear to conflict and speculate how the outcome may have differed if both or either the Ever Smart (the at-fault vessel) and Alexandra I (the inbound vessel) were fully autonomous.

COLREGs and Automation

The regulatory framework governing safe navigation has historically been premised on objective rules interpreted through a human element; for example the “manning” of ships, the “charge of a master,” or taking precautions required by the “ordinary practice of seaman.” Subjective standards are pervasive throughout the UN Law of the Sea Convention 1982, IMO Regulations, domestic shipping legislation, including the Merchant Shipping Act 1995, and civil liability conventions.

The COLREGs are particularly relevant in this regard. Since 1977, seafarers have been obliged to comply with the COLREGs on issues of collision avoidance and, indeed, courts have interpreted the COLREGs when apportioning liability arising from collisions. Being practical rules, having as their primary object the prevention of collisions at sea, the COLREGs provide objective guidance on vessel priority but also necessitate (subjective) deviations from the rules, in accordance with the ordinary practice of seamen if the circumstance requires. By way of example, COLREGs, Rule 2 states, “Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.” This subjective interpretation of an objective rulebook highlights the inherent challenge in automating deviations from a set of rules, absent a human element.

There has been significant discussion across the shipping industry as to whether unmanned or fully AI-enabled vessels can strictly comply with provisions under the current COLREGs, including on Rule 2 (responsibility), Rule 8 (action to avoid-collision) with regard to the seamanship standard, Rule 5 (look-out), and Rule 18 (responsibilities between vessels) with regard to vessels “under command.”

Various research studies conducted over the course of the past 12 to 18 months have allegedly demonstrated that autonomous vessels can meet (or exceed) the current COLREGs collision avoidance rules. Rolls Royce’s MAXCMAS project (Machine Executable Collision Regulations for Marine Autonomous Systems), in partnership with Lloyd’s Register (amongst others), claim to have developed an algorithm–enabling, AI-based navigational system to effectively enact the COLREGs rules in a manner that is “indistinguishable from good seafarer behaviour,” even in circumstances “when the give-way vessel isn’t taking appropriate action.” The latter will be essential when both autonomous vessels and manned vessels are trying to keep out of the way of one another.

While this article does not seek to address issues of strict compliance, the case of Evergreen demonstrates two issues: (i) that the identity of the “give way” vessel may not always be readily apparent to experienced deck officers; and (ii) that “good seafarer behaviour”, in the context of apportioning liability, is not a fixed standard – it is a product of factual circumstance, interpreted through the (various) rules of the COLREGs, past case law, and the views of expert nautical assessors (the Elder Brethren of Trinity House) post-event. Just as one of the dilemmas facing masters and bridge watch keepers is what to do when faced with a situation where obligations under the COLREGs appear to conflict, those developing autonomous shipping solutions must equally grapple with the same dilemmas; save that they have to program these decisions pre-event in a way that is predictable or the system will have to apply machine learning to be able to comply with the Rules.

In this article we assume that the 1972 COLREGs are applicable to both manned vessels and vessels controlled by AI. The issue of whether an autonomous ship can be programmed to determine whether Section II – Conduct of vessels in sight of one another (Rules 11-18) and Section III – Conduct of vessels in restricted visibility (Rule 19) of Part B – Steering and sailing rules, applies to a developing close quarters situation is an important one but while manned and unmanned ships are sharing the same waterways, then it will be essential that both comply with the same rules. We discuss the issues arising from this assumption at the end of this article.

Below, we have considered whether, on the facts in Evergreen, two autonomous vessels would have been able to avoid a collision. In doing so, we also consider a number of the challenges facing developers of maritime AI solutions from a collision liability perspective.

Discussion

Rule of Law

Counsel for Ever Smart (the at-fault vessel) argued on appeal that “there was no rule of law” as to the priority of the narrow channel rule (Rule 9) in a crossing vessel situation (Rule 15). When interpreting the interaction of Rule 15 and Rule 9, the first instance judge relied (with some emphasis) on statements of principle from two non-binding cases with a similar (although not identical) fact pattern, The Canberra Star [1962] and Kulemesin v HKSAR [2013]; the former a first instance decision and the latter a decision of a foreign court in criminal proceedings. While persuasive, neither case proffered definitive ratio (a finding that sets a legal precedent); the first instance judge chose to apply the statements of principle – both because of the “experience and knowledge” of the respective trial judges and also because he agreed with them – he was not, however, strictly bound to do so.

In determining whether the crossing rule applied, the first instance judge had considered whether Alexandra I was on a “sufficiently defined course.” There is no strict requirement under Rule 15 of the COLREGs that a vessel must be on a sufficiently defined course (or indeed any course) in order to be subject to the rule. The principle was established by Lord Wright in The Alcoa Rambler [1949]. Alexandra I’s course made good varied between 081 and 127 degrees at about 1-2 knots over the ground. She had traveled less than a mile in approximately 20 minutes. The court was satisfied that this was not ‘sufficiently defined’ to be considered a course, notwithstanding the constant south-easterly heading, and instead described Alexandra I as “waiting for the pilot vessel to arrive.” Consequently she was not bound by Rule 15 as she was not on a course that was crossing with that of the Ever Smart.

Neither the court of first instance nor the Court of Appeal provided additional clarification as to when a vessel (either by speed or by line or heading) will be deemed to be on a sufficiently constant course. Rather, the test appears to require an observer (who has spent “sufficient time” observing the vessel) to ascertain if the vessel is not on a defined course (i.e. constantly changing her heading). In the context of automation, this raises an obvious concern. For example, had Alexandra I been travelling at three knots, would that have made a material difference? Equally, had her course made good varied by a lesser degree (say between 90 and 110 degrees), would the system have drawn a different conclusion? What degree of variation would an AI system require to deem another vessel to be on a constant course?

If this situation was not apparent to two experienced masters, and at Court required an application of case law to determine the obligations of the two vessels, then is it likely that two autonomous vessels would have definitively been able to identify their respective obligations under the COLREGs? The very fact that permission to appeal was granted with respect to the issue of priority demonstrates that there was uncertainty as to the application of the narrow channel rule, and indeed this uncertainty would have arguably been amplified had the approach of Alexandra I been from the East (i.e. the hypothetical East to West scenario that the Elder Brethren were asked to comment on by the Court of Appeal judges) and not from the West. Further, absent clear guidance on when a vessel will be considered to be on a “sufficiently defined course,” it remains unclear as to whether a crossing situation could arise in the same or similar factual circumstance if the speed or bearing of Alexandra I had been more established. Even with the use of advanced algorithms, this may be a difficult puzzle for an autonomous system to solve.

Notwithstanding this conclusion, it is possible that autonomous vessels may have been able to avoid a collision, or at least may have acted so as to reduce the damage sustained from the collision, by correcting the “human errors” that were identified as increasing the causative potency of the respective masters’ actions.

As a general comment, many maritime casualties are not caused by one catastrophic mistake or failure; rather they are caused by a series of isolated minor decisions or circumstances which, in combination, result in the incident. To use a modern analogy, the holes in the Swiss cheese line up. These errors include the officer on watch (OOW) not following the correct procedure or missing some warning sign whether it be from the echo sounder, Electronic Chart Display and Information System (ECDIS), automatic radar plotting aid (ARPA) or visually. The OOW is often distracted and can be mentally overloaded by the pressure of the environment and the flood of information, particularly in congested waters. AI would presumably not be distracted in this way and would not miss a warning sign.

Contributing human errors

The location of Alexandra I

There is reason to question why Alexandra I was present at the approach to the narrow channel in the first instance; both as a result of her early arrival to the approach channel (by 25 minutes or so) and the port Vessel Traffic Service (VTS) Officer’s approval for Alexandra 1 to proceed to the channel entrance buoys when Ever Smart was travelling outbound from Jebel Ali. In addition to her proximity to the end of the channel, Alexandra I’s AIS was not operating at the time of the incident, making her less visible to local traffic, and she was criticized for maintaining a poor aural lookout – mistaking a VHF conversation between Port Control and a local tug boat.

While these contributing errors do little to exonerate the actions of Ever Smart from a liability perspective, it is anticipated that autonomous vessels will (by necessity) operate using enhanced AIS, GPS and radar, in addition to a full suite of sensors and cameras (including thermal and infrared), and will adopt predictive control algorithms to track and anticipate future vessel movements and respond accordingly.

Within congested or restricted shipping areas, automated VTS (or eNAV) will likely be implemented to ensure that vessels manoeuvring within a restricted area are informed of potential collision risks in real time – indeed, the Maritime and Port Authority of Singapore has already trialled Artificial Intelligence (AI) to analyze marine traffic risks in the Singapore Strait. The provisional results demonstrate that the technology has the ability to “quantify risk in more detail and more quickly than it could be detected by human operators.”

Standardized messaging formats, including the use of hybrid messaging services such as a VHF Data Exchange Systems (VDES), supported by satellite as opposed to (or in addition to) radio frequencies, also have the potential to reduce miscommunication and increase the speed at which collision threats are communicated – absent the risk of misunderstanding (not identifying the relevant vessel) or miscomprehension (not understanding the VHF message due to linguistic or technological restrictions).

While these technologies are still being trialed, their potential to identify and report a collision risk, when applied to the factual scenario in Evergreen, may very well have highlighted the potential for collision between Alexandra I and Ever Smart substantially sooner than the “three seconds” in which the master of Ever Smart came to realise that a collision was inevitable.

The faults of Ever Smart

The first instance judge concluded that the actions of Ever Smart in proceeding along the port side of the narrow channel, in addition to her excessive speed at 11.8 knots and failure to keep a good visual lookout, had the greatest ‘causative potency’ in causing the damage that resulted from the collision.

Notwithstanding the arguments of the master of Ever Smart as to why he chose not to proceed to the starboard side (namely that he was not required to under the crossing rules), developments in the software designed to assist with unmanned or autonomous navigation could readily ensure that, within a narrow channel, both inbound and outbound vessel proceed on the starboard side (insofar as is practicable for it to do so) at pre-set maximum (safe) speeds.

Modern manned vessels are already equipped with Electronic Nautical Chart Systems (ECDIS), which are in turn linked to speed and depth sensors, as well as GPS and AIS. Implementing these systems to operate autonomously would allow Port Control (with the assistance of relevant hydrographic offices in creating/amending the charts) to better control speed limits, both during ordinary navigation but also when vessels are navigating within pre-specified distances of each other, to ensure that ‘safe speed’ is observed. While these restrictions do not, in themselves, eradicate the risk of collision, they do reduce the scope of likely damage arising from collisions.

With respect to Ever Smart’s failure to keep a good visual lookout, thermal and infrared high resolution cameras have the ability to identify objects when the human eye cannot. While the master of Ever Smart was only able to make out Alexandra I when she turned her deck lights on (three seconds before the collision) – modern cameras may have picked up Alexandra I ‘s heat signature, if not her outline using infrared, significantly earlier than the master.

Potential Issues

While technological advancements undoubtedly demonstrate the potential that autonomous vessels have in reducing collision risk, developers are faced with a number of problems that cannot be readily surmounted.

Unlike our past experience of large-scale adoption of autonomously-controlled machines, there will necessarily be a period in which autonomous, unmanned and manned vessels will navigate in the same waterways. Until there is clear guidance to the contrary, the expectation will be that the human standard will apply. It is relevant to note in this regard that case law has established that overreliance on technology will not satisfy the principles of good seamanship and, in any case, there is currently no case law considering a collision between a manned and unmanned or autonomous Vessel.

The duties under COLREGs differ whether Section II or Section III applies. Section II – Conduct of vessels in sight of one another (Rules 11-18) and Section III – Conduct of vessels in restricted visibility (Rule 19) of Part B – Steering and sailing rules, separately apply to a developing close quarters situation depending on the visibility. As part of applying the COLREGs to manned and unmanned ships, the AI systems will have to be able to understand the limitations of human eyesight to determine whether a manned ship is “not in sight” and then to follow Rule 19, instead of following Rules 11-18.

The fact that the AI system might have infra-red or night vision and therefore is able to “see” the other vessel would not be permitted to change the position, in fog for example, that the vessels are not “in sight” of one another. Alternatively should the regulators remove Rule 19 from the COLREGs altogether as a result of advances in technology on all ships (better radars, ARPA, AIS, better navigation systems, infra-red cameras etc) and rely only on Rule 6 (Safe Speed) and Section II? Rule 19 has been confusing generations of seafarers since 1977 so their deletion may not be mourned. But either way, it is hard to see how regulators can allow autonomous ships to sail the oceans while the COLREGs contain two sets of steering and sailing rules.

There will be a risk to software developers and Owners of autonomous vessels alike. Developers of marine Al systems are not only required to codify compliance with the seamanship standard currently in use, but are also required to produce algorithms that allow autonomous vessels to interact with manned vessels, unmanned (remote controlled) vessels and truly autonomous vessels in a way that is predictable to each of them; irrespective of the differing states of technology on-board (for example, autonomous vessels may be required to interpret standard frequency VHF messages even when equipped with a VDES system).

But even if the COLREGs were unambiguous, comprehensive and consistent (which they are not), then we still would not normally programm systems to have no discretion at all. This is because situations always exist where the best course of action is to ignore or break the rules and designers of systems cannot identify all these exceptional situations in advance. Therefore machine learning will be required which must learn the necessary navigational behaviors to avoid or mitigate collisions, even given (indeed, especially given) ambiguous and conflicting regulations, just as human navigators do. But, of course, effective machine learning is only possible with sufficient data, and particularly data arising from collisions or near misses (what CS people call “edge cases”).

Liability

Despite all of that, accidents may still occur. Given that there is no case law on the matter, third party liability in the event of a collision involving an autonomous vessel is not yet clear. It is possible that developers may be liable for collision damage if it can be proven that a fault in programming onboard systems or in the way the machine learning has developed caused (or contributed to) a collision. Would such fault be akin to unseaworthiness? Would the software writers need to be covered by collision insurance?

In addition, there are also ethical considerations as to how an autonomous vessel should be programmed in scenarios in which AI is required to choose between loss or damage to its own vessel or cargo, and loss of human life or serious pollution (and the inevitable concerns that this may have from a liability perspective to developers, owners and insurers alike).

Consideration must also be given to future scenarios in which an autonomous vessel suffers a catastrophic failure – the worst case scenario being a complete electrical breakdown (for example, as a result of generator failure, cyber-attack, or electro-magnetic disruption). The vessel may no longer be a vessel “under command” for the purposes of the COLREGs, however it may also be restricted in its ability to communicate this to nearby vessels or to shore based control centres in the absence of a ‘non-digital’ Master – who may still have the benefit of a satellite phone or, in the traditional way, hoist two black balls to the top of the mast.

Conclusion

Evergreen demonstrates that autonomous vessels may have struggled in those circumstances to definitively identify their respective obligations under the COLREGs due to the inherent ambiguity in priority. It remains unclear as to whether other factual scenarios can demonstrate similar ambiguities in priority between various rules of the COLREGs and it may be found necessary to review the COLREGs to remove as much uncertainty as possible. That said, no amount of redrafting will be able to give conclusive meaning to phrases such as “which may be required by the ordinary practice of seamen, or by the special circumstances of the case” – Rule 2 – Responsibility.

Evergreen does, however, demonstrate that two autonomous vessels may have been able to identify the collision risk earlier than the Masters of Ever Smart and Alexandra I were able to, principally as a result of enhanced communications, audio-visual and locational technology. Programming of systems should prevent excessive speeds in narrow channels and prevent vessels loitering in hazardous positions. An earlier identification of the potential collision risk could have reduced, or altogether removed, the risk of collision and consequent damage sustained by Alexandra I making the question of a “sufficiently defined course” completely redundant.

Source: nortonrosefulbright


Violent attacks against ships and their crews have risen in 2020, with 77 seafarers taken hostage or kidnapped for ransom since January, reveals the ICC International Maritime Bureau’s (IMB) latest piracy report.

The Gulf of Guinea off West Africa is increasingly dangerous for commercial shipping, accounting for just over 90% of maritime kidnappings worldwide. Meanwhile ship hijackings are at their lowest since 1993. In total, IMB’s Piracy Reporting Centre (PRC) recorded 98 incidents of piracy and armed robbery in the first half of 2020, up from 78 in Q2 2019.

The increasing threat of piracy adds to hardships already faced by hundreds of thousands of seafarers working beyond their contractual periods due to COVID-19 restrictions on crew rotations and international travel.

“Violence against crews is a growing risk in a workforce already under immense pressure,” says IMB Director Michael Howlett. “In the Gulf of Guinea, attackers armed with knives and guns now target crews on every type of vessel. Everyone’s vulnerable.”

So far this year, 49 crew have been kidnapped for ransom in the Gulf of Guinea and held captive on land for up to six weeks. Rates are accelerating, with 32 crew kidnapped in the past three months alone. And incidents are happening further out to sea: two-thirds of the vessels were attacked on the high seas from around 20 to 130 nautical miles off the Gulf of Guinea coastline.

IMB PRC urges vessels to report any attacks promptly. It can then liaise with coastal agencies, international navies and vessel operators, encouraging a quick response to deter piracy and armed robbery and improve the security of seafarers. IMB PRC also broadcasts to shipping via GMDSS Safety Net Services and email alerts to Company Security Officers.

“We need to change the risk-to-reward ratio for pirates operating within the Gulf of Guinea. Without an appropriate and proportionate deterrent, pirates and robbers will get more ruthless and more ambitious, increasing the risk to seafarers,” says Howlett.

In one recent case commended by IMB, the Nigerian Navy responded promptly to a distress call from a fishing vessel boarded and hijacked by armed assailants in Ivory Coast waters. As a result the crew were saved and the ship was prevented from being used as a possible mother vessel to carry out further attacks.

In another incident, a product tanker was attacked while underway around 127 nm off Bayelsa, Nigeria. Eight armed pirates kidnapped ten crew as well as stealing cash, personal valuables, and ship’s property. IMB PRC contacted regional and international authorities, and a Nigerian Navy Security Vessel was dispatched. A nearby sister vessel helped the four remaining crewmembers to sail the tanker to a safe port. The kidnapped crew were released three weeks later.

Singapore Straits

The Singapore Straits saw 11 incidents in the first half of 2020, raising the risk of collisions in this busy shipping channel, especially at night. Although most are opportunistic – low-level attacks that are aborted once the alarm is sounded –­­­­­­­ two reports in May 2020 indicated crew were threatened with knives, taken hostage and injured.

There were ten attacks in Indonesian anchorages and waterways in Q2 2020, up from five in Q1 2020.

Americas – Call for more reporting

IMB is recording more incidents in new areas of Latin America, but says many attacks go unreported, making the problem more difficult to tackle.

The four attacks that were reported in Mexico all targeted offshore vessels and happened within a span of 11 days in April. One anchored accommodation barge was boarded by six people wearing face masks and armed with automatic weapons and pistols. They attempted to enter and opened fire, leading to an injured crewmember and three damaged windows. The Master raised the alarm, sent a distress message, informed the Chief Security Officer, and the crew mustered in the citadel. The incident was reported to the Marine Control and a naval boat was dispatched, but the attackers escaped with the barge’s high value project equipment.

Incidents continue to be reported off Callao Anchorage, Peru, while vessels off the coast of neighbouring Ecuador have recorded incidents each year since 2017, with at least three container ships attacked while underway in Q2 2020. In one case, two crew were taken hostage for the duration of the robbery and in another the perpetrators fired on the ship when they were unable to gain access.

Somalia

No incidents were reported off Somalia. Vessels are urged to continue implementing Best Management Principles (BMP5) recommended practices while transiting these waters. The Somali pirates still maintain the capability for carrying out attacks.

IMB Piracy Reporting Centre

Since 1991, the IMB PRC’s 24-hour manned center remains a single point of contact to report the crimes of piracy and armed robbery. The Centre not only assists ships in a timely manner, it also provides the maritime industry, response agencies and governments with transparent data received directly from the Master of the vessel under attack, or its owners.

Source: iccwbo


Leading fleet management software provider Tero Marine extends its e-procurement solution to mobile devices to optimize the supply chain for people on the move.

The versatile app automatically alerts users’ mobile devices when a PO requires their approval, within preset rules.

These rules are configured in TM Master’s approval matrix and can be based on a variety of  parameters including; order type, account group, cost code and vessel.

Rune Lyngaas, Tero Marine’s CEO, said:

“The new app improves the e-procurement work-flow as decision makers can approve purchase orders on the move, ensuring that supply chains are not hindered by POs stacking up in the pipeline awaiting authorization. The app strengthens Tero Marine’s TM Procurement solution, which is a fully integrated part of the fleet management software system TM Master V2.”

In an industry where autonomy and automation is emerging, the timing of the launch of this app is perfect. The new app is available from 1st June.

Tero Marine is part of the Ocean Technologies Group, which is a global learning and operational technology company dedicated to accelerating the potential of innovative companies that serve the maritime industry in the 21st Century.

The Group also includes maritime e-learning training providers Seagull, Videotel and Maritime Training Services plus document and HSEQ solutions provider COEX.

Source: https://seawanderer.org/tero-marine-enhances-its-e-procurement-solution-with-a-new-purchasing-app


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