Page 32: of Marine News Magazine (July 2018)

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COLUMN LEGAL

The Legal Rami? cations of the

Marine Industry in the Digital Age

An overdue, but essential primer on technology and its impact on the waterfront.

By David James and Marianne Laine

The digital revolu- a lawsuit would, in the past, present their case by offering tion has changed the witness and expert testimony and documentary evidence world in which we such as log book entries, a bell book and charts. There was live and work. People seldom a case where witnesses completely agreed on the around the world are facts. As a result, investigators, courts, and juries were left accustomed to ac- to weigh the credibility of the witness testimony. cessing unlimited in- With the advancement of technology into the maritime formation instantly sector, we are seeing a proliferation of myriad computerized with the touch of a programs, both onboard and ashore, including those that

James Laine button. Digital de- enhance recording position, speed, and heading, voices on vices have entered the bridge, and rudder angle. In fact, security cameras are every facet of life, from simple tasks such as turning on now commonplace aboard vessels, shore side, and on the lights in our homes to driving cars. Likewise, the digital water. Many incidents, therefore, are now captured on vid- revolution has now reached the collective maritime indus- eo. This technology has made determining the cause of an try, impacting fundamental tasks such as voyage planning, incident – in some instances – much faster and less fallible. navigation, and communication. Several recent casualties have highlighted various prob-

Not always an early adopter of anything new, the mari- lem areas surrounding the deployment of technology on time industry today is embracing this revolution. Indeed, vessels. Signi? cantly, crewmembers are sometimes unable the presence of devices such as personal computers, phones, to operate equipment as intended and are unaware of criti- electronic chart systems, vessel identi? cation systems, sen- cal features of the equipment. Such competency issues are sors, recording devices, and cameras aboard vessels has lately often due to insuf? cient training. They also reveal short- become the rule, and not the exception. Real-time infor- comings in the auditing function of safety management mation that includes weather, electronic charts, engine and systems. Some cases have involved mariners’ failures to use critical equipment operating parameters and vessel identify- advanced technology in situations where it would have ing data is now readily available to vessel crews. As satel- helped prevent the casualties, while others have involved lite communications becomes less cumbersome and more improperly installed or malfunctioning equipment.

affordable, expansive enterprise systems between vessels and

ARDEN ARIETY XAMPLES personnel on shore have becomes commonplace, with sho- G V E reside managers also real-time access to vessel operations. Failure to use equipment meant to aid a mariner in avoiding a collision can undoubtedly result in legal liability.

A D E S Rules 5 and 7 of the Rules of the Road require a mariner to

OUBLE DGED WORD

It is indisputable that the digital revolution is poised to “use all available means…to determine if the risk of collision enhance safety, protect the environment, improve working exists.” This rule may now be interpreted to include the use conditions, and increase ef? ciency in the maritime indus- of widely available technology such as digital navigation try. At the same time, the advancement of technology in equipment utilized to maintain a proper lookout and iden- the maritime industry is not a panacea and with it comes tify collision risks. A mariner is legally negligent if a rea- other challenges. Numerous legal issues surrounding now sonably prudent mariner would have used such equipment available technologies are manifesting themselves. in the same or similar circumstances. Thus, the failure to

Notably, technological advancements have rapidly use available advanced digital technology increases the risk changed how maritime casualties are investigated and how of liability for damages to mariners and vessel owners. evidence is developed in legal cases. For example, parties to Liability can also ? ow from the improper or ineffective

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