Month: September 2024

Artificial intelligence (AI) is probably the most popular expression in recent years. However, it’s not just a chatbot that will help you text or generate funny, slightly odd graphics. AI is first and foremost an opportunity, but also a threat. Below, I will try to give an overview of what AI can bring to the yachting industry.

However, it is important to bear in mind that the issue of artificial intelligence in yachting, or the maritime industry more broadly, is so vast that it is only the tip of the iceberg.

For the time being, there is no broader regulation of the most autonomous units. However, we will look at this issue in future articles.

Yacht design – smart tools from the first dash

The process of designing a yacht is complex and requires many factors to be taken into account – from hull shape to aerodynamics to interior layout and materials. This is where artificial intelligence can speed up and simplify the whole process. AI-based tools can automatically generate preliminary designs and test hundreds of variants in a short period of time.

AI algorithms analyze data from previous projects, learning from mistakes to avoid problems in the early stages of the work. This gives designers more control over every detail and can make the design process faster and more precise. AI can also tailor designs to individual customer preferences, creating more personalized units.

Building a yacht – automating and optimizing processes

In the construction phase of a yacht, artificial intelligence can also significantly improve the entire process. AI-based systems can automate many tasks, such as material cutting or assembly, allowing for greater precision and faster project times. AI can also monitor the quality of work in real time and suggest corrections if something does not go according to plan.

With its resource management algorithms, AI can help optimize construction costs by selecting the most efficient materials and technologies, saving money for both the shipyard and future yacht owners.

Yacht operation – intelligent systems on board

The biggest changes thanks to artificial intelligence will be seen in the everyday operation of yachts. Autonomous navigation systems are already being developed, which in future will probably allow yachts to navigate the waters autonomously. AI can monitor weather conditions, the movement of other vessels and adjust the route, greatly increasing safety at sea.

The AI can also monitor the technical condition of the yacht in real time by analyzing data from various sensors. This allows owners and operators to prevent breakdowns before they occur. The systems can also plan yacht maintenance, based on the actual wear and tear of individual components, which will minimalise unexpected downtime.

Yacht fleet management – greater efficiency through AI

Artificial intelligence will also play a key role in yacht fleet management. For charter companies and fleet operators, AI can monitor the technical condition of each vessel, track service schedules and automatically plan the most efficient routes. This will minimalise downtime and ensure fleets are better utilized.

AI will also allow dynamic fleet management, adjusting yacht availability and charter prices according to season, location or demand. Such solutions will help companies optimize profits and be more responsive to customer needs, increasing competitiveness in the market.

The charter market – personalization and automation

In the charter market, artificial intelligence will revolutionize the yacht booking process. AI will be able to analyze customer preferences and suggest the most suitable vessels, itineraries and additional services. This will make each booking more customized.

Dynamic management of vessel availability will allow for more flexible price offers and personalization of services will become standard. Charter operators will be able to better monitor the use of yachts, which will minimalise the risk of breakdowns and improve the comfort and safety of cruises.

Yacht handling in and out of port

Artificial intelligence will also find applications in harbour operations. Automatic docking systems equipped with AI will allow precise manoeuvring in tight marinas, minimising the risk of collisions. This will enable yachts to dock autonomously, saving time and increasing safety in crowded harbours.

AI systems will also monitor the condition of the vessel while at berth, helping harbour operators and yacht owners to better manage service and maintenance. Automated systems will be able to predict when individual components need repair or replacement, which will extend the life of the vessel.

The future – autonomous yachts and sustainability

In the future, artificial intelligence could lead to fully autonomous yachts that can sail without a crew. Such vessels will be ideal for those seeking maximum comfort and safety, as well as for charter companies that want to offer new services to their clients. Perhaps this will make human service and the presence of a captain on board an even greater luxury.

However, it is important to bear in mind that vessels with the highest level of autonomy (the most autonomous), will also create new legal problems, but about that next time.

Summary

Artificial intelligence will transform the yachting industry at every stage – from design and construction, to operations, to fleet management and the charter market. With AI, yachts will become more advanced, safer and greener, and operators will be able to better manage fleets and optimize their operations. All this will translate into a more comfortable yacht experience and a better experience for customers. But is it the only thing?

However, as I have already indicated, this is just the tip of the iceberg. Especially from a legal angle. Changes to the decision-making structure will shift the burden of responsibility from water to land. How? More about that, coming soon.

A general average is a situation where extraordinary measures are taken during a sea voyage to save the ship and cargo from a hazard (e.g. storm). The costs of these actions, e.g. throwing part of the cargo overboard, are then shared between all parties involved in the voyage – the shipowner and the cargo owners.

General average in Polish maritime law

In Polish maritime law, the rules on general average are governed by the Maritime Code of 2001.  A general average occurs when deliberate and reasonable actions are taken to save the ship, cargo and freight from a common danger. These actions must be:

• deliberate,
• voluntary,
• directed at protecting the common interests of all parties involved in the sea voyage.

Example No. 1: A ship carrying cargo runs into rocks and begins to take on water. The captain decides to hire a tugboat to tow the vessel to the nearest port. The cost of the towing is treated as a general average and shared between all owners of the goods and the shipowner.

Example No. 2: During a storm, the captain decides to throw some of the heavy cargo overboard to prevent the ship from sinking. As a result, the ship and the rest of the cargo are saved. The costs resulting from the loss of the cargo are shared between the shipowner, the cargo owners and the carrier.

General average in international law

General average is regulated not only by national rules, but also by international rules. The York-Antwerp Rules are applied worldwide and set out detailed guidelines on the costs and losses that cen be considered a general average and how they should be allocated between the parties involved.

Expamplce No. 3: When a transport vessel sailing between two countries decides to change course due to the threat of piracy, the additional costs, such as longer travel time or increased fuel consumption, cna be accounted for as a general average under the York-Antwerp Rule.

Determining and accounting for a general average

Determining whether a situation qualifies as a general average and the allocation of costs arising from salvage operation is a process that involves specialists, known as marine loss adjuster.

They analyse documents related to the incident, such as captain’s reports, navigational data and other evidence, to determine exactly what losses and costs occurred and how they should be shared.

Example No.4: At the end of the voyage, the marine loss adjuster prepares a report determining that 500,000 PLN worth of cargo was thrown overboard to save the vessel. The liquidator determines that the cost of this action will be shared proportionally between the shipowner and the owners of the (remaining) cargo.

General average is crucial to the operation of shipping as it ensures that costs are shared fairly in situations where emergency salvage operations are undertaken. It ensures that the costs of such actions do not fall solely on one party, which could lead to conflicts and destabilisation in the industry.

Example No. 5: During an international trade voyage, a ship becomes stranded. To free it, part of the cargo is transferred to another ship. The costs of this operation are shared between all cargo onwers, as the action was intended to save entire ship and the rest of the goods carried.

Marine loss adjuster’s report

The marine loss adjuster prepares a report of his work. The report specifies, among other things, how the costs associated with the general average should be divided and is the basis for settlements between parties. It ensures transparency and fairness in the allocation of costs. At later stages, the report can be examined by the courts and, in particular, by the maritime chambers.

Summary

General average is a key institution in maritime law that ensures that the costs of salvage operations are shared fairly between all parties involved in a maritime voyage. Through this mechanism, the risks associated with making difficult decisions in maritime emergencies are shared proportionally. This in turn contributes to greater stability and safety in maritime transport, protecting the interests of all participants.

We have already covered the topic of alcohol on a yacht (click here). And although the holiday season is over for most, the sailing season continues unabated. Therefore, it is worth recalling the most important things.

Alcohol on a yacht – important rules

One thing to note at the outset: it is illegal to steer a yacht after drinking alcohol or under the influence of other drugs.

The legal consequences depend on the level of alcohol in your system:

• State of drunkenness – when you have between 0.2‰ and 0.5‰ of alcohol in your blood (or between 0.1 mg and 0.25 mg of alcohol in 1 dm3 of exhaled air).
• State of intoxication – when you have more than 0.5‰ of alcohol in your blood (more than 0.25 mg in exhaled air).

If you steer a motor vehicle on the water (e.g. a yacht with an engine) while under the influence of alcohol, you can get a custodial sentence or a fine of between 2500 PLN and 3000 PLN. If you steer while intoxicated, you are liable as for criminal offence, just like a car driver. The court will then certainly impose a driving ban of at least three years.

If you are steering a vessel that is not a motor vehicle (for example, a canoe or rowing boat), the penalties are a little more lenient. You can get a custodial sentence or a fine between 1000 PLN and 5000 PLN for steering while intoxicated. If you are in a state of intoxication, the penalty is between 2500 PLN and 3000 PLN. The court may also decide to ban you from steering for between 6 months and 3 years, but this is not mandatory.

Se depending on your state of intoxication and the vessel toy are steering, the legal consequences will be different, as illustrated in the graphic below:

Forfeiture of a yacht

Previously, vehicle forfeiture only applied to land traffic (i.e. cars, for example). However, it has now been proposed that it should also cover other vehicles, including yachts and motorboats. The draft amendments are already at the Ministry of Justice. Experts view the changes positively, as they believe that a drunken helmsman on the water should not be treated more leniently than a drunk driver on the road.

However, impoundment is not to be mandatory – it will be up to the court to decide whether the vessel should be taken away. There are also no set alcohol levels above which confiscation would be automatic.

We will keep an eye on how these regulations evolve and keep you updated!

 

Compiled by:

trainee advocate Michał Wieczorek