Rules of the Road for Unmanned Marine Vehicles 23.4 Integrating UMVs into Public Water Space 523
Part B | 23.4
23.4 Integrating UMVs into Public Water Space
As we follow the evolution of UMV autonomy and the
legal landscape associated with acceptance in public
water space, observation of the process of the integration of unmanned aerial vehicles (UAV) into public
airspace is instructive. The see and avoid paradigm in
federal aviation regulations is analogous to underlying assumptions and procedures in marine COLREGS.
Both are based on perception of the surrounding environment at a human competence level. Establishing
autonomous control at acceptable competence levels in
airspace will set precedents applicable to operations
in waterways. UAV technology is currently more advanced than UMV technology because of the popularity
of the R/C industry and because of the early adoption
by military users. UAV platforms were able to prove
their merit readily by providing operators with an eye
in the sky and demonstrating the ability to deliver lethal
payloads while protecting soldiers from harm. Due to
the FAA Modernization and Reform Act [23.15], the
FAA is currently working to integrate UAVs into the
National Airspace System (NAS) and has developed
a roadmap for achieving this objective [23.16]. In addition, the US Department of Defense (DoD) is preparing
the Unmanned Systems Integrated Roadmap FY20112036 [23.17] so as to lay out a plan for integration of
UAVs into the DoD Joint Force Structure and seamless
integration of UAVs in the NAS along with other safety,
interoperability, and reliability goals.
In the United States, public water space is governed at the local, state, and federal levels, depending
on the specific water body and proximity to coastal
boundaries. Both domestic and international maritime
laws hold varying degrees of governing authority over
vessels flagged to a specific country and to commerce
carried out in international, territorial, and state waters.
There is no single federal agency responsible for setting standards for accepting new types of vessels into
public waters, as there would be in public air space
through the FAA. The US Coast Guard is both an enforcing body and a regulatory agency within the US
Department of Homeland Security. As such, certain legal responsibilities are likely to fall on the shoulders of
the Coast Guard with regards to managing UMV activity in public waters. It is likely that UMV regulation will
evolve in the United States through a comprehensive
approach including self-regulation by owners, operators, and designers, along with constraints imposed by
COLREGS regulations. Insurance costs and liability
exposure will also likely be governing factors in defining legal standards and establishing best practices. No
doubt a precedent-setting legal case will eventually be
heard and settled, defining the legal liability associated
with operating UMVs in public waterways, and the tort
liability will most likely fall upon the shoulders of the
owners, operators, and programmers of these vehicles.
Presently, there is an active dialog underway regarding the rules regarding operation of UMVs and,
in particular, the possible evolution of COLREGS to
accommodate unmanned platforms operating in public
waters. This discussion involves the US Coast Guard,
industry leaders, academia, the AUVSI (Association
for Unmanned Vehicle Systems International), and US
Navy representatives. All of the parties involved in
these discussions are stakeholders to varying degrees,
interested in reaching a consensus regarding the best
approach to assuring safe and acceptable operation of
UMVs in public waters. In particular, at the time of
writing, ongoing discussions are being held in open
forums with the goal of establishing a complete set
of suggested changes to the rules governing UMVs
operating in public water space. These changes are
being reviewed, discussed, and compiled by the US
Department of Homeland Security Navigation Safety
Advisory Council (NAVSAC) and then passed on to the
Coast Guard representative for final evaluation. From
the Coast Guard, these proposed changes are passed on
to a set of IMO (International Maritime Organization)
member nations for translation, evaluation, and review
before final acceptance and incorporation into COLREGS. This process is expected to take between 3 and
3.5 years to complete.
The process involved with revising COLREGS includes a fundamental discussion of the legal status
of unmanned systems. In particular, the question of
whether or not a UMV will be considered a vessel or
not, as defined within COLREGS, may bear heavily on
the resolution regarding their legal treatment. Most of
the COLREGS regulations start out with a description
of the term vessel, as this remains at the center of the
discussion when ascertaining the need for compliance
with the rules, as pointed out by Bederman [23.18].
A number of articles have been written on the subject
of classifying an unmanned (and possibly autonomous)
marine vehicle as a vessel under maritime law. The
very definition of the term vessel varies as defined by
International Maritime Law and COLREGS and goes
undefined in UNCLOS (United Nations Convention on
the Law of the Sea) [23.19]. The International Regulations for Avoiding Collisions at Sea (COLREGS)
define a vessel as every description of watercraft, including non-displacement craft and seaplanes, used or
capable of being used as a means of transportation on
water [23.20]. Broadly speaking, these definitions do
indeed encompass the modern autonomous marine ve-
Part B | 23.4
23.4 Integrating UMVs into Public Water Space
As we follow the evolution of UMV autonomy and the
legal landscape associated with acceptance in public
water space, observation of the process of the integration of unmanned aerial vehicles (UAV) into public
airspace is instructive. The see and avoid paradigm in
federal aviation regulations is analogous to underlying assumptions and procedures in marine COLREGS.
Both are based on perception of the surrounding environment at a human competence level. Establishing
autonomous control at acceptable competence levels in
airspace will set precedents applicable to operations
in waterways. UAV technology is currently more advanced than UMV technology because of the popularity
of the R/C industry and because of the early adoption
by military users. UAV platforms were able to prove
their merit readily by providing operators with an eye
in the sky and demonstrating the ability to deliver lethal
payloads while protecting soldiers from harm. Due to
the FAA Modernization and Reform Act [23.15], the
FAA is currently working to integrate UAVs into the
National Airspace System (NAS) and has developed
a roadmap for achieving this objective [23.16]. In addition, the US Department of Defense (DoD) is preparing
the Unmanned Systems Integrated Roadmap FY20112036 [23.17] so as to lay out a plan for integration of
UAVs into the DoD Joint Force Structure and seamless
integration of UAVs in the NAS along with other safety,
interoperability, and reliability goals.
In the United States, public water space is governed at the local, state, and federal levels, depending
on the specific water body and proximity to coastal
boundaries. Both domestic and international maritime
laws hold varying degrees of governing authority over
vessels flagged to a specific country and to commerce
carried out in international, territorial, and state waters.
There is no single federal agency responsible for setting standards for accepting new types of vessels into
public waters, as there would be in public air space
through the FAA. The US Coast Guard is both an enforcing body and a regulatory agency within the US
Department of Homeland Security. As such, certain legal responsibilities are likely to fall on the shoulders of
the Coast Guard with regards to managing UMV activity in public waters. It is likely that UMV regulation will
evolve in the United States through a comprehensive
approach including self-regulation by owners, operators, and designers, along with constraints imposed by
COLREGS regulations. Insurance costs and liability
exposure will also likely be governing factors in defining legal standards and establishing best practices. No
doubt a precedent-setting legal case will eventually be
heard and settled, defining the legal liability associated
with operating UMVs in public waterways, and the tort
liability will most likely fall upon the shoulders of the
owners, operators, and programmers of these vehicles.
Presently, there is an active dialog underway regarding the rules regarding operation of UMVs and,
in particular, the possible evolution of COLREGS to
accommodate unmanned platforms operating in public
waters. This discussion involves the US Coast Guard,
industry leaders, academia, the AUVSI (Association
for Unmanned Vehicle Systems International), and US
Navy representatives. All of the parties involved in
these discussions are stakeholders to varying degrees,
interested in reaching a consensus regarding the best
approach to assuring safe and acceptable operation of
UMVs in public waters. In particular, at the time of
writing, ongoing discussions are being held in open
forums with the goal of establishing a complete set
of suggested changes to the rules governing UMVs
operating in public water space. These changes are
being reviewed, discussed, and compiled by the US
Department of Homeland Security Navigation Safety
Advisory Council (NAVSAC) and then passed on to the
Coast Guard representative for final evaluation. From
the Coast Guard, these proposed changes are passed on
to a set of IMO (International Maritime Organization)
member nations for translation, evaluation, and review
before final acceptance and incorporation into COLREGS. This process is expected to take between 3 and
3.5 years to complete.
The process involved with revising COLREGS includes a fundamental discussion of the legal status
of unmanned systems. In particular, the question of
whether or not a UMV will be considered a vessel or
not, as defined within COLREGS, may bear heavily on
the resolution regarding their legal treatment. Most of
the COLREGS regulations start out with a description
of the term vessel, as this remains at the center of the
discussion when ascertaining the need for compliance
with the rules, as pointed out by Bederman [23.18].
A number of articles have been written on the subject
of classifying an unmanned (and possibly autonomous)
marine vehicle as a vessel under maritime law. The
very definition of the term vessel varies as defined by
International Maritime Law and COLREGS and goes
undefined in UNCLOS (United Nations Convention on
the Law of the Sea) [23.19]. The International Regulations for Avoiding Collisions at Sea (COLREGS)
define a vessel as every description of watercraft, including non-displacement craft and seaplanes, used or
capable of being used as a means of transportation on
water [23.20]. Broadly speaking, these definitions do
indeed encompass the modern autonomous marine ve-