Maritime Autonomous Surface Ships (MASS): Precarious Legal Position of the Shore-Based Remote Controller

Abstract

This work is a minor contribution addressing the highly contemporary issue of Maritime Autonomous Surface Ships (MASS) focusing on the singular aspect of collision liability that may be imposed on the shore-based remote-control operator. The discussion starts with an explanatory text on the chosen title of the chapter, reiterates the evolution of MASS and then meanders into its extraordinary realm which seems to be in a state of dynamic and perpetual motion. Given that a shore-based remote controller is in the picture, it is apparent that the topic falls under the second and third degrees of MASS categorization. In relation to collisions, the respective roles of the master and the shore-based remote controller are discussed comparatively. The liability of the latter in terms of penal or regulatory sanctions as well as civil liability are examined. In that context, a number of pertinent rules in the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs (1972) (Convention on the International Regulations for Preventing Collisions at Sea 1050 UNTS 16, UKTS 77 (1977), 28 UST 3459 Cmnd. 6962) are treated analytically together with their associated case law. The correlation between the penal and civil liability regimes pertaining to collisions is discussed. The deliberations of the International Maritime Organization (IMO) Maritime Safety Committee and Legal Committee are perused to elaborate on the issues involved to the extent warranted including the possibility of a MASS Code being developed. It is stated in conclusion that the likelihood of MASS becoming a universal reality and the prevailing norm in shipping is rather remote. At best, it may happen in the distant future.