Systematization of Legal Procedures for Collision Avoidance between a Fully Autonomous Ship and a Traditional Manned Ship

Abstract

Discussions of autonomous ships are actively being conducted in the industry and by the International Maritime Organization (IMO). In addition, it is anticipated that a significant number of autonomous ships will be operational at sea soon, as a trial run of autonomous ships is underway. Fully autonomous ships will operate based on pre-programmed algorithms to prevent collisions, eliminating the need for onboard navigators or remote operators onshore. Most collision avoidance algorithms are typically based on an engineering approach that predicts the future movement of an approaching ship by observing its vector. However, it is worth noting that even if fully autonomous ships navigate at sea, the majority of ships encountered are still operated by humans. These ships adhere to the Convention on the International Regulations for Preventing Collisions at Sea (COLREG). Therefore, even fully autonomous ships can effectively and legally avoid approaching ships only when they are steered in compliance with the COLREG. However, it has rarely been addressed which procedures should be followed to determine the legally correct action in various situations where fully autonomous ships encounter traditional manned ships. Therefore, this study is divided into two parts. First, a decision-making tree is presented, as simply as possible, to determine the legally correct collision avoidance action according to the COLREG. Secondly, a quantitative analysis is presented for qualitative expressions such as “narrow channel”, “restricted visibility”, and “best aid to avoid collision”. This review will help fully autonomous ships determine legitimate collision avoidance actions and operate safely in seas where human-operated ships are sailing. However, for autonomous ships, the “Trolley problem” and issues related to decision-making for collision avoidance through communication with other ships are left as future challenges.