The Standard P&I Club says that investigation into enclosed space related casualties has shown that most are caused by poor training and knowledge of the correct entry procedures, or a total disregard for them. As a consequence, the Club has published a comprehensive guide to address all key issues and to help anyone to enter enclosed spaces safely. The Standard P&I Club guide highlights shortfalls in individual company procedures in equipment, training and onboard practices.
Firstly, Standard Club enlists incidents related to enclosed spaces which have been already reported to the Club, illustrating different ways in which a seafarer can put himself in danger in these areas onboard. Analysis of these incidents have helped the Club to address key factors that contribute to enclosed space casualties as follows:
• poor training
• failure to follow proper procedures for enclosed space entry
• failure to recognise the danger of an enclosed space
• tendency to trust physical senses and forego testing or checks
• attempts to save a co-worker leading to short cuts and failure to follow procedures
• failure to manage safely any shore workers on board. Continue reading “Standard P&I Club publishes a guide to enclosed space casualties”
A new global project to help protect marine ecosystems from the negative effects of bioinvasions via ship hulls has been given the go-ahead for preparation.
The GloFouling Partnerships project – a collaboration between the Global Environment Facility (GEF), the United Nations Development Programme (UNDP) and the International Maritime Organization (IMO) – will address the transfer of aquatic species through biofouling, in other words, the build-up of aquatic organisms on a ship’s underwater hull and structures – known as a bioinvasions.
The West P&I Club has recently encountered a cargo liquefaction case involving a cargo of ball clay that was loaded in Lumut, Malaysia for discharge in Chittagong, Bangladesh. A similar case was reported in 2013. Therefore the Club issues this warning and urges operators to pay special attention when loading a clay cargo.
According to the cub, laboratory testing of samples of the cargo drawn from the vessel showed a Flow Moisture Point (FMP) of 29.7% and Transportable Moisture Limit (TML) of 26.7%, when determined on the flow table, and an FMP of 32.1% and TML of 28.9% when determined by the penetration test. The lowest moisture content of the cargo onboard was notably higher than either TML, at 36.4%.
ABS to join Unmanned Cargo Ship Development Alliance. Image credit Rolls-Royce.
ABS has confirmed that it plans to join the Unmanned Cargo Ship Development Alliance to work with industry partners, including class organisations, shipyards, equipment manufacturers, surveyors, designers and others to contribute to the advancement of autonomous shipping.
The design will integrate features of independent decision-making, autonomous navigation, environmental perception and remote control.
Early on 9 April 2016, the fishing vessel Louisa foundered, with the loss of three lives, while anchored close to the shore in Mingulay Bay in the Outer Hebrides.
The skipper and crew, who had been working long hours before anchoring late the previous evening, had woken suddenly as the vessel was sinking rapidly by the bow. They were able to escape to the aft deck, activate the emergency position indicating radio beacon (EPIRB), and to don lifejackets. However, they were unable to inflate the liferaft as they abandoned the vessel.
The UK’s Maritime & Coastguard Agency (MCA) is modernising the way the UK Ship Register operates with a number of new initiatives being rolled out as the Agency is also addressing the issue of lack of surveyors on its books.
At the All-Party Parliamentary Group for Maritime and Ports, attendees were informed that the MCA is considering increasing the fee structure for the UK Ship Register to above 2016 levels.
The registry is working to improve the response time for enquiries to one working day, while for complex issues it will take three working days. Increasing ship registry fees would match the higher levels of service being offered, the MCA said. The register also plans to roll out a package fee option in April 2018. Further, a new online ship registry service is expected to be completed by Christmas this year. Continue reading “Lack of surveyors at UK MCA highlighted as a programme of modernisation gets underway”
The US Coast Guard has confirmed that from 20 July 2017 a portion of Subchapter M is now fully operational for towing vessels with keels laid, or major conversions on or after July 20. These vessels are now required to meet 46 CFR Subchapter M and must obtain a Certificate of Inspection (COI) prior to operating.
Additionally, starting July 20, 2018, a portion of existing towing vessels will have one year to meet all of Subchapter M and obtain COIs. As discussed in Subchapter M, owners or managing operators of more than one existing towing vessel, required to have a COI, must ensure that each existing towing vessel under their ownership or control is issued a valid COI, according to the following schedule: Continue reading “USCG announces Subchapter M for towing vessels now opertational”
Bart’s Bash registration is now open for the 2017 sailing event on 16/17 September
The Andrew Simpson Foundation, the UK-based Sailing Charity with a global reach, sits at the epicentre of the unique annual sailing event, the biggest sailing event in the world, Bart’s Bash, which this year takes place over the weekend of 16-17 September.
The Bart’s Bash team is already busy fine-tuning plans to promote Bart’s Bash at Lendy Cowes Week where on Monday 31st July, the Official Charity Day, they will be running the ‘Cowes Bash’, a race for all competitors. At registration they can get decals and buy their ‘Simpson Sunnies’ and everyone is encouraged to grab a pair and wear them on Charity Day. All the race results from the first race of the day will be pooled in the same way as for Bart’s Bash to identify an overall winner for the day.
Following on after racing, everyone is invited to join in at The Big Bash, a huge party in Cowes Yacht Haven starting at 7pm and designed entirely around putting the FUN into FUNdraising with Olympic medallist and DJ Mark Covell on stage as Master of Ceremonies!
Van Oord has been awarded the contract for Dubai Harbour marine works, a prestigious mega project in Dubai.
The project, which Van Oord carries out for Projects Link Contracting Co LLC, is the next step in achieving ‘Dubai Tourism Vision 2020’, Dubai’s strategy to attract 20 million visitors per year by 2020. A strategy to which Van Oord has contributed since 2001 by building amongst others Palm Jumeirah, The World and many other artificial islands.
Dubai Harbour is set to span 185 hectares, and will include berths for 1,400 boats and a cruise terminal. Execution will take place from September 2017 to May 2019.
Uniesse Marine Group, LLC, a Miami-based luxury motor yacht company, announced the acquisition of the assets of Uniesse Marine S.P.A. of Italy. Terms of the transaction are not disclosed.
Uniesse is at the upper echelon of the world’s leading semi-custom luxury motor yacht brands, with more than 500 yachts sold around the world for over a quarter-century. The acquisition was led by Miami based SMB Investor, David Schwedel. The company will be operated by both David Schwedel and Rafael Barca.
Flag of convenience shipping poses risks to national security is the finding of the Australian Senate inquiry
Strong words and opinions have resulted as a consequence of the Australian Senate inquiry, which finds flag of convenience shipping poses serious risks to national security. Flag of convenience shipping refers to international trading vessels that are registered in tax havens such as Liberia, Panama and the Marshall Islands and are renowned for their lax labour laws, poor investment controls and lack of ownership oversight.
The Australian border force submission noted that, while most of legitimate sea trade is conducted by ships with flag of convenience registration, there are features of flag of convenience registration, regulation and practice that organised crime syndicates or terrorist groups may seek to exploit. These features are: Continue reading “Australian Senate finds flag of convenience shipping poses risks to national security”
Michael F. Merlie is a partner at the law firm Gawthrop Greenwood, PC
The general public is well aware of the continuing development of autonomous ships. The media constantly provides stories on the advances of these self-driving cars, trucks and cabs. Autonomous vehicles are expected to increase safety while also resulting in significant cost savings in the transportation of goods.
While not receiving the same amount of media coverage, the technology for autonomous ships is also rapidly developing. Earlier this year, a Norwegian partnership announced plans to build the world’s first fully-autonomous containership. The goal is for manned voyages to begin in 2018, with unmanned voyages to begin in 2020.
Rolls Royce has been a leader regarding the technology developments for autonomous vessels. Earlier this year, it announced its collaboration with a Finnish ferry company in developing an intelligent awareness system for vessels. Rolls Royce expects to have the intelligent awareness system commercially available by the end of this year. The company also has a goal of an autonomous vessel in commercial use by the end of the decade.
As with vehicles, the proponents of autonomous vessels tout improved safety as one of the primary benefits. In addition, cost savings are predicted through reduced crewing requirements, and improved predictive maintenance of vessels and equipment. Critics do not believe that unmanned vessels can ever be safely operated and question the ability to perform emergency onboard repairs and the ability to respond to other unexpected developments at sea.
For the maritime industry, much of the technology necessary for autonomous vessels is already in place but continues to be adapted. Not surprisingly, the regulatory bodies are moving at a slower pace. While there is debate on the extent of change necessary for the regulation of autonomous vessels, certainly some challenges will be presented.
How much regulation is necessary?
The extent of regulatory change will depend on the level of autonomy permitted. Lloyd’s Register has published classification guidance for six autonomy levels. The guidance is intended to provide designers, builders and operators with clarity on identifying the desired level of autonomy. The first three levels all require that navigational technology is on a manned vessel to provide support in decision making. The next three levels all involve unmanned vessels with different levels of remote operation, including complete autonomy. The remote operation includes shore-based operators who can intervene when notified by the navigational system.
National vs. international regulations
Vessels are generally subject to two regulatory authorities. There is national regulation for domestic trade with the International Maritime Organization (IMO) responsible for regulation of international trade. The IMO has begun evaluating the need for modified regulations for autonomous ships in international trade. The international regulations require multilateral agreements among the various countries participating in a particular trade. The expectation is that any revisions to IMO regulations could take up to ten years due to competing interests.
As a result, most of the projects currently underway with fully autonomous ships are intended for national waters under national regulation. A particular nation can permit their use prior to adoption of international regulations. European countries are taking the lead in this regard.
Still under scrutiny
There is no clear consensus on what, if any, new or modifications to existing regulations are necessary. However, certain areas have garnered scrutiny. The crew of an autonomous vessel is not clear. Is a remote operator a member of the crew who needs to be licensed? Who is the captain of an autonomous vessel?
Another area of particular importance will be modifications to collision regulations. The existing regulations have standardized rules including when the ships are in sight of each other. These regulations do not contemplate autonomous vessels and will almost certainly need some revision. Rules on the obligations and responsibilities between manned and unmanned ships will need clarification.
The pressure for modification of regulations will only increase with the inevitable technological advancements. The scope of those modifications will be based in large part on the permitted level of autonomy for vessels. Maritime law is one of the oldest and most settled areas of law in the world, successfully adapting from sail to steam and beyond. There is no doubt the same will hold true for autonomous vessels but expect some interesting developments.
About Michael F. Merlie
Michael F. Merlie is a partner at the law firm Gawthrop Greenwood, PC. He specializes in admiralty and maritime law, as well as business law, financing, secure transactions, mergers and acquisitions, and real estate law. Click to reach Michael by email or call him on 001 610-696-8225.
About Gawthrop Greenwood
Gawthrop Greenwood, PC has offices in West Chester, PA and Wilmington, DE serving clients throughout the greater mid-Atlantic region and nation. For more than a century, the firm has stood behind its core principle of providing high-quality legal services with personal attention. Gawthrop Greenwood’s diverse portfolio of clients comprises entrepreneurs, businesses, and governmental entities that entrust the firm with their representation in a wide range of matters including mergers and acquisitions, commercial litigation, estate and tax planning, land use and development, and domestic relations. A complete listing of the firm’s practice areas and attorneys, as well as a variety of legal resources, can be found on the Gawthorp web site.
The Standard P&I Club says that investigation into enclosed space related casualties has shown that most are caused by poor training and knowledge of the correct entry procedures, or a total disregard for them. As a consequence, the Club has published a comprehensive guide to address all key issues and to help anyone to enter enclosed spaces safely. The Standard P&I Club guide highlights shortfalls in individual company procedures in equipment, training and onboard practices.
