Regulatory Requirements and Pathways for ”Vessels in survey”

A vessel which fits the “Vessels in survey” category is likely to be >12m in length with risk factors such as higher speeds.

*Australian Code of Practice, cl1.2(1)(c) Vessels in survey

NOTE

Due to the new AMSA Policy Statement for “Novel Vessels”Policy Statement for “Novel Vessels” in NSCV F3, you will likely be required to engage a Class Society such as Lloyd’s Register or DNV GL to manage your regulatory requirements and process. Therefore, unless AMSA determines otherwise, you won’t be able to use the Australian Code of Practice except as reference to best practice, you will have to use the class rules of the Class Society you use.

Information on this page

This page sets out the standard regulatory requirements that apply to domestic commercial vessels, together with a summary of the process that you will likely need to follow.

The information provided below is based on the requirements in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law) and associated Marine Orders, together with the Australian Code of Practice and corresponding Guidance Materials.

Disclaimer

The information below is provided as general regulatory information and provides the author’s interpretation of the clearest regulatory path for your vessel category; it is not regulatory or legal advice, and should not be relied upon as if it were.

Overview of regulatory requirements

Find out what the regulatory requirements for domestic commercial vessels are

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Requirements and process for vessels subject to the Policy Statement for “Novel Vessels”

Find out what the requirements and process is for vessels subject to the Policy Statement for “Novel Vessels”

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Requirements and process for vessels not subject to the Policy Statement for “Novel Vessels”

Find out what the requirements and process is for vessels not subject to the Policy Statement for “Novel Vessels”

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Overview of regulatory requirements

To operate a domestic commercial vessel in compliance with the requirements in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law), the following is required (subject to any applicable exemption):

• The vessel must have a Unique Vessel Identifier (UVI)
• The vessel must be listed on a Certificate of Operation (CoO)
• The vessel must have a Certificate of Survey (CoS)
• The Master and Crew must have the required Certificates of Competency
• General Safety Duties must be complied with

For vessels that are subject to the Policy Statement for “Novel Vessels”, you will need to engage a Class Society such as Lloyd’s Register or DNV GL, and they will explain the applicable regulatory requirements and process and guide you through it. Usually a Class Society will engage with AMSA on your behalf. A list of Class Societies, also called Classification Societies or Recognised Organisations, is available on the AMSA website here. You can find more detailed information on that path below in Option 1.

For vessels not subject to the Policy Statement for “Novel Vessels”, a regulatory pathway is to apply for a Certificate of Operation and Certificate of Survey, with a Specific Exemption in relation to minimum crewing and any specific operational or survey requirements that the vessel and proposed operation cannot comply with. You can find more detailed information on that path below in Option 2.

You should consider which path is preferable for your proposed vessel and operation, and seek advice from a third party such as an accredited marine surveyor and/or Class Society as needed. If you determine that it would be preferable to not be considered subject to the Policy Statement for “Novel Vessels”, you will need to prepare an argument to put to AMSA and they will then determine it. For example, if your vessel was >12m in length but only operates slowly in low risk areas, or is <12m in length and only has persons on board for specific controlled trial activities, then the lower risk profile may be a reason to not be considered a “novel vessel”.

You should contact AMSA early to determine whether the new Policy Statement for “Novel Vessels” will apply to your vessel and proposed operation. You can call AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au.

Requirements and process for vessels subject to the Policy Statement for “Novel Vessels”

In June 2022 AMSA published a Policy Statement for “Novel Vessels” within the National Standard for Commercial Vessels (NSCV) F3, which includes autonomous vessels >12m in length or with people on board. This means if your vessel is >12m in length or will have people on board you will likely have to use a Class Society (where they are appointed by AMSA they are referred to as Recognised Organisations) to manage the regulatory requirements and process. You will need to choose a Recognised Organisation to engage from the list available on the AMSA website here, noting that they each have their own Class Rules that may be more or less useful for you, and they may charge differently for their services.

The Recognised Organisation (i.e. Class Society) will identify the regulatory requirements and pathway for your vessel and proposed operation, and will usually engage with AMSA on your behalf to confirm as necessary.

It may be that the existing class rules of the Recognised Organisation (i.e. Class Society) apply to your vessel, in which case, after conducting the necessary assessment and surveys, the Class Society may recommend AMSA issue certification with exemptions as needed. Alternatively, if the existing class rules don’t apply, the Recognised Organisation may provide a risk assessment and recommendation to AMSA, and if AMSA is satisfied with them, AMSA may, upon application, approve an Equivalent Means of Compliance (EMOC) for the proposed solution (i.e. being whatever regulatory approach the Recognised Organisation has determined makes sense for you).

In summary, you need some combination of certification and/or a Specific Exemption and/or an Equivalent Means of Compliance (EMOC) to operate, and your Recognised Organisation (i.e. Class Society) will determine this and engage with AMSA on your behalf to obtain it.

Process

• Review the applicable regulatory requirements and process
• Engage a Recognised Organisation (i.e. Class Society)
• Work with the Recognised Organisation as needed, including supporting assessment and survey activities and being responsive to requests for information
• Receive the required combination of certification and/or a Specific Exemption and/or an Equivalent Means of Compliance (EMOC) to operate, and comply with any conditions imposed

Requirements and process for vessels not subject to the Policy Statement for “Novel Vessels”

The below information is for circumstances where a vessel is not subject to the new Policy Statement for “Novel Vessels” and is considered “Vessels in survey” under the Australian Code of Practice. It is based on the requirements in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law) and associated Marine Orders, together with the Australian Code of Practice and corresponding Guidance Materials.

Operators will need to consider the best regulatory approach for their own circumstances, noting that a Specific Exemption from the minimum crewing requirements in Marine Order 503 will always be required for vessels with no physical crew on board*. Operators may apply for a Specific Exemption from the requirement to have one or both of a Certificate of Operation and Certificate of Survey, or from the requirement to comply with certain technical standards or regulatory requirements associated with one or both of those Certificates. Specific Exemptions will have conditions imposed to ensure a minimum level of safe operation is maintained. The “Vessel in survey” category will generally include larger, higher risk vessels, meaning that it may be preferable to seek certification rather than an exemption from all requirements.

The below information is based on an operator who wishes to apply for a Certificate of Operation and Certificate of Survey, with a Specific Exemption in relation to minimum crewing and any specific operational or survey requirements that the vessel and proposed operation cannot comply with. If your preferred approach is to seek a Specific Exemption from all requirements, please refer to the Resources Hub document “Regulatory Approach for Survey-exempt vessels (Surface and Subsurface)” for further information.

The below information incorporates the voluntary Australian Code of Practice, which operators may choose to demonstrate compliance with to aid their application to AMSA.

*Until AMSA changes its policy position or there is regulatory change.

A. Seeking a Temporary Operations Permit (EX07) enabling test and trialling

Overview

It is common for operators of “Vessels in survey” to start the regulatory process by applying for a Temporary Operations Permit under the Marine Safety (Temporary operations) Exemption 2020 (Exemption 07). This Permit enables operations for up to 90 days without any certification or other exemption. Operators may use this Temporary Operations Permit to conduct test and trialling, at ReefWorks in Queensland or in other safe areas, including to collect data to support their application for a Specific Exemption to enable ongoing operations. Note that conditions can be placed on a Temporary Operations Permit, and you will need to comply with these.

Requirements

You will need to supply evidence with your application for a Temporary Operations Permit under Exemption 07 such as the Safety Management System (SMS) for your vessel, and a declaration that your vessel is fit for purpose. Information on how to prepare a Safety Management System for your vessel is available at the bottom of this page, or in the Guidance Materials for the Australian Code of Practice, available here.

Some operators may seek to comply with the requirements in the Australian Code of Practice and provide evidence of that compliance when applying for a Temporary Operations Permit, while others may wish to build up their documentation during or after their testing and trials. Operators should discuss this with AMSA.

If you wish to comply with the voluntary Australian Code of Practice under the category “Vessel in survey” you are required to

• Prepare a Concept of Operations
• Prepare a System Design Risk Assessment
• Prepare and implement a Safety Management System.
• Prepare an appropriate crewing assessment in accordance with Marine Order 504.
• Ensure that the vessel complies with applicable COLREGs You may wish to complete the Design Record Template to assist with this step.
• Comply with the Chapters of the Code identified below

Information on how to comply with these requirements is available in the Guidance Materials for the Australian Code of Practice, and at the bottom of this page. If you comply with the Australian Code of Practice you should communicate that to AMSA so they are aware you are following the best practice standard.

A vessel which is a “Vessel in survey” will need to comply with the requirements set out within Chapter 4 of the Code, including those set out in Chapter 4.2, Table 4 of the Code. This are:

1. Chapter 4 – Vessels in survey
2. Chapter 5 – Navigation System and Situational Awareness covers systems used to acquire information and achieve COLREGS compliance.
3. Chapter 6 – Control System provides analysis of the information acquired, decision making and execution.
4. Chapter 7 – Communication Systems covers requirements for physical communication and transmitted communication to nearby stakeholders and control stations.
5. Chapter 8 – Fire Safety Systems
6. Chapter 9 – Engineering, Electrical and Auxiliary Systems
7. Chapter 10 – Anchor Systems
8. Chapter 11 – Contingency Planning and Vessel Recovery covers contingency plans in the event of vessel malfunction, loss in communication and vessel retrieval.
9. Chapter 12 – Risk Assessment, Verification, Testing and Certification for Novel Systems covers risk-based assessment, failure analysis and testing of novel systems OR the vessel may comply with the rules of a Recognised Organisation
10. Chapter 13 – Surveys and Review of Risk Assessment covers verification of risk assessments.
11. Chapter 14 – Operations covers SMS requirements, minimum crewing, and crew competencies as well as qualification requirements.
12. ANNEX A – Application of COLREGs Requirements and Evidence of Compliance.
13. ANNEX B – Documentation Requirements.

Process

Steps to apply for a Temporary Operations Permit:

• Review the applicable regulatory requirements and process
• Contact AMSA to check what evidence you will need to supply with the application
• Compile the required evidence and documentation
• Complete the online application on the AMSA website available here, attaching your vessel’s Safety Management System and any other requested evidence. Note that a fee of $301 will apply (accurate at August 22)

Sometimes, operators, have their Temporary Operations Permit approved right away, but often AMSA will contact you to ask a few questions or to request further evidence. Once your Temporary Operations Permit is approved you can begin your test and trials or other temporary operations, making sure to comply with any conditions that apply.

B. Applying for a Certificate of Operation, Certificate of Survey, and Specific Exemption (SPEX) from specific requirements that cannot be complied with, to enable ongoing operations

Overview

Once operators have conducted initial test and trialling, and in doing so have demonstrated they can operate safely and are ready to apply for certification or an exemption enabling ongoing operations, they can then apply to AMSA.

The below information is based on an operator who wishes to apply for a Certificate of Operation and Certificate of Survey, with a Specific Exemption in relation to minimum crewing and any specific operational or survey requirements that the vessel and proposed operation cannot comply with.

Certificate of Operation

The vessel must be listed on a Certificate of Operation, unless an exemption from that requirement applies. Multiple vessels can be listed on the same Certificate of Operation. The operator must submit an application for a Certificate of Operation together with a declaration that there is a Safety Management System in place for the vessel, to the National Regulator. For AMSA to approve the application it must be satisfied that the vessel meets the criteria set out in Marine Order 504 (which are replicated in the Australian Code of Practice). The criteria include that the vessel has a unique vessel identifier, and the operation of the vessel complies with Schedule 1 of Marine Order 504 or Part A of the ISM Code. S7 Marine Order 504 lists the conditions that the certificate of operation is subject to, which includes that there continues to be a Safety Management System in place for the vessel. Failure to comply with these conditions could result in the certificate being suspended or revoked.

It is understood that AMSA’s current policy is that an autonomous vessel cannot meet minimum crewing requirements if there are no crew on board, meaning a Specific Exemption is also required from that requirement, together with the Certificate of Operation. The requirements for applying for a Specific Exemption are outlined below.

The standard process for obtaining a Certificate of Operation is outlined further down this page.

Certificate of Survey

The vessel must have a Certificate of Survey, unless an exemption from that requirement applies. This Certificate confirms that your vessel complies with the applicable technical standards in the National Standard for Commercial Vessels (NSCV) or applicable equivalent standard, including in relation to design, construction, stability and safety equipment. The Certificate will identify the service category for your vessel, the number of crew, passengers or special personnel that can be carried, and any other conditions specific to the vessel.

The standard process for obtaining a Certificate of Survey is as follows:

• Apply online or via post, attaching available supporting documentation
• AMSA will provide a letter identifying the surveys required for your application to be processed. For example, this could include plan approval, construction, and commissioning phase surveys
• You will need to engage an accredited marine surveyor or recognised organisation (i.e. Class Society) to provide advice on whether your vessel will meet the applicable standards, to help you apply for a Specific Exemption or Equivalent Means of Compliance as required, and to conduct the required surveys. Your accredited marine surveyor will provide these reports to AMSA.
• Complete the application form for a Certificate of Survey and pay the associated fee of $401 (at July 2022)

You should discuss with AMSA whether you can demonstrate compliance with the Australian Code of Practice rather than the National Standard for Commercial Vessels (NSCV), noting that the Code is based on the NSCV but tailored for autonomous and remotely operated vessels.

A vessel which is a “Vessel in survey” will need to comply with the requirements set out within Chapter 4 of the Code, including those set out in Chapter 4.2, Table 4 of the Code. These are:

1. Chapter 4 – Vessels in survey
2. Chapter 5 – Navigation System and Situational Awareness covers systems used to acquire information and achieve COLREGS compliance.
3. Chapter 6 – Control System provides analysis of the information acquired, decision making and execution.
4. Chapter 7 – Communication Systems covers requirements for physical communication and transmitted communication to nearby stakeholders and control stations.
5. Chapter 8 – Fire Safety Systems
6. Chapter 9 – Engineering, Electrical and Auxiliary Systems
7. Chapter 10 – Anchor Systems
8. Chapter 11 – Contingency Planning and Vessel Recovery covers contingency plans in the event of vessel malfunction, loss in communication and vessel retrieval.
9. Chapter 12 – Risk Assessment, Verification, Testing and Certification for Novel Systems covers risk-based assessment, failure analysis and testing of novel systems OR the vessel may comply with the rules of a Recognised Organisation
10. Chapter 13 – Surveys and Review of Risk Assessment covers verification of risk assessments.
11. Chapter 14 – Operations covers SMS requirements, minimum crewing, and crew competencies as well as qualification requirements.
12. ANNEX A – Application of COLREGs Requirements and Evidence of Compliance.
13. ANNEX B – Documentation Requirements.

Specific Exemption

AMSA may only grant a Specific Exemption if it is satisfied that doing so will not jeopardise the safety of a vessel or a person on a vessel.

When you apply to AMSA for a Specific Exemption from the operational and/or survey requirements you are unable to comply with, including minimum crewing under Marine Order 504, you will need to:

• Explain:
  • why you need it (for example, it could be that your vessel does not fit the existing regulatory structure)
  • how you will ensure safe operations (for example by complying with the Australian Code of Practice)
  • what conditions you think should be imposed to provide more certainty regarding the safety of your operations
• Provide evidence such as:
  • the Safety Management System (SMS) for your vessel
  • your test and trial data
  • confirmation of your compliance with the Australian Code of Practice.

Information on how to prepare a Safety Management System for your vessel is available in the Guidance Materials for the Australian Code of Practice, available here: https://www.rasgateway.com.au/resource-hub/australian-code-of-practice-for-the-design-construction-survey-and-operation-of-autonomous-remotely-operated-vessels

You should contact AMSA early to discuss your vessel and proposed operation, and the type of evidence and conditions that are suitable. You can call AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au.

Process

Steps to apply for a Certificate of Operation, Certificate of Survey and Specific Exemption:

• Review the applicable regulatory requirements and process
• Contact AMSA to check what approach is best for your vessel and proposed operation, and to confirm the evidence you will need to supply with your applications
• Compile the required evidence and documentation
• Apply for a Certificate of Operation online using this link: https://www.amsa.gov.au/forms/application-certificate-operation and pay the applicable fee of $212 (at July 20220, with a declaration that a Safety Management System is in place for the vessel and evidence as needed
• Apply for a Certificate of Survey online using this link: https://www.amsa.gov.au/forms/application-certificate-survey-andor-load-line-certificate-domestic-commercial-vessel and pay the applicable fee of $401 (accurate at August 2022). You can expect to receive a letter outlining the surveys required, and to need to engage an accredited marine surveyor
• Apply for a Specific Exemption from the requirement to meet minimum crewing requirements, and from any other operational or survey-related requirement that your vessel and proposed operation cannot comply with. You may apply online using this link: https://www.amsa.gov.au/forms/application-specific-exemption, attaching all of the evidence and documentation you have available in support. The applicable fee is $260 per hour (accurate at August 22).

Sometimes operators have their applications approved right away, but often AMSA will contact you to ask a few questions or to request further evidence. Your applications will be managed by different teams within AMSA, which means you may be contacted by different teams (for example Vessel Operations for Certificate of Operation, and Vessel Safety Unit for Certificate of Survey) with requests for more information or evidence. You can contact AMSA through AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au with questions on your applications.

Once your applications have been approved you can begin operating, making sure to comply with any conditions that apply, including related to crewing.

For more help:

If you need help working out the applicable requirements and process, you can contact:

• AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au
• An expert third party such as an accredited marine surveyor or a class society

Guidance on complying with the requirements in the Australian Code of Practice

Preparing a Concept of Operations document

What is a Concept of Operations document:

The Concept of Operations document, also referred to as a CONOPS, is a user-oriented document that describes an asset or system, its primary objective, its functions, its intended operational area and describe scenarios as to how it will achieve its objectives and functions. The concept of operations document is used as a basis of design.

Preparing your Concept of Operations document

The first step is to understand the basic operational concept of the vessel to ensure it is being designed to the needs of the proposed operation. This can be done by preparing a Concept of Operations Document. This should be carried out and prepared with the assistance and input of the operator.

Information required to prepare a Concept of Operations document

Some things to think about when preparing a Concept of Operations Document:

1. Outline what the vessel is required to do.
2. Elaborate on what you have described above by outlining the operational statements or scenarios for the vessel.
3. Identify what speed the vessel is required to go to achieve the operational objectives.
4. Identify where the vessel is intended to operate.
5. Identify what systems the vessel needs (examples listed below):
   • means of propulsion
   • means of buoyancy control
   • means of navigation and collision avoidance
   • means of power generation
   • means of power storage
   • methods of communications with the vessel
   • means of achieving operational objectives
6. Define the tasks of the vessel and whether they are handled remotely by a human or autonomously.

A full list of requirements for the Concept of Operations document can be seen within ANNEX B of the Australian Code of Practice. A Concept of Operations template can be found within Appendix 8.

System Design Risk Assessment: Design Risk Assessment, Verification, Testing and Certification for Novel Systems

You will need to complete a system design risk assessment for your vessel and proposed operation, as set out in Chapter 12 of the Australian Code of Practice, to verify compliance with Chapters 5, 6, 7 and 11 of the Code. The risk assessment is to be completed on the system, and all sub-systems, and must identify the likelihood and impact of potential system failures on the vessel, third parties and the environment.

This type of risk assessment is required for all systems that are new in their implementation of onboard autonomous platforms and which do not meet the conventional vessel standards.

There are several recognised methodologies outlined within Chapter 12 of the Code that can be utilised for undertaking the required risk analysis, which include:

• Failure Mode Effects Analysis (FMEA);
• Failure Mode Effects and Criticality Analysis (FMECA);
• Fault Tree Analysis (FTA);
• Event Tree Analysis (ETA);
• Crisis Intervention and Operations Analysis (CRIOP), for systems involving remote operations from a control station; and
• Operating and Support Hazard Analysis (O&SHA), for systems involving remote operations from a control station.

A FMEA template example has been provided within Appendix 9. Note that each system will need to be broken down into subsystems and all components of the subsystem will need to be assessed.

Helpful information for carrying out a System Design Risk Assessment

1. An Example FMEA can be found within Appendix 9 of these Guidance Materials
2. Chapter 12 of the Code has some guidance to follow when preparing your system design risk assessment and testing.
3. For guidance on FMEA, FMECAs, Event Trees, Fault Trees, Markov Analysis etc. refer to the following locations:
   1. Aerospace Recommended Practice 4761/4761A
   2. Annex C to NSCV Subsection F1 MIL-STD-882E

How do I prepare a Safety Management System (SMS)?

An SMS for a domestic commercial vessel will generally have the following sections:

• Vessel details, contact person, responsibilities, and appropriate crewing
• Procedures for onboard operations, emergency preparedness, hazardous occurrences and non-conformances and supporting documentation
• Risk assessment

The Code requires inclusion of the following additional considerations:

• The need for a support vessel
• Means to alert other water users about the presence of your vessel
• Vessel data recording

Helpful information for developing an SMS

1. An example SMS can be found within Appendix 7 of these Guidance Materials
2. Chapters 2 and 14 of the Code contain guidance information to follow when preparing your SMS
3. AMSA have also developed a guideline for developing an SMS that can be found here

Preparing a Risk Assessment

A good place to start when preparing an SMS is to carry out the risk assessment. The risk assessment provides a foundation for your SMS as it identifies key daily tasks, emergency situations and risks to your vessel which need to be controlled and managed. The risks must consider your specific vessel, its operational environment, and people, other vessels, and equipment on or near your vessel.

Preparing your risk assessment:

1. Start by outlining all the activities that your vessel is required to carry out.
2. Identify all the hazards associated with those activities.
3. For each hazard – Assess the risk using an appropriate risk matrix based the hazards likelihood and consequence.
4. If possible, eliminate the hazard completely or put in place some mitigations to manage and lower the risk.
5. Assess how well your mitigations are working.
6. Re-evaluate:
   • If your mitigations are not working, adjust them. Continual improvement is key.
   •  If you start carrying out new activities, update your risk assessment.

Helpful information for developing a Risk Assessment

1. An example Risk Assessment can be found within Appendix 2 of these Guidance Materials
2. For more information refer to AMSA 651 – Risk Management in the National System.

Preparing an appropriate crewing assessment in accordance with Marine Order 504

The information provided below is a summary of the information available on the AMSA website.

There are two key concepts related to crewing for domestic commercial vessels – ‘minimum crewing’ and ‘appropriate crewing’.

Minimum crewing refers to the minimum number of certified and uncertified crew required, including the master, applicable to a vessel based on length. There is a table in Marine Order 504 that sets out minimum crewing.

Appropriate crewing refers to the number of certified or uncertified people that are needed to safely operate a vessel. It may change depending on the kinds of operation being carried out and the tasks involved. It must be determined by the vessel owner as part of the general safety duties, and needs to be documented in the vessel’s safety management system. ‘Appropriate crewing’ is determined by conducting an ‘appropriate crewing assessment’, also called an ‘appropriate crewing evaluation’.

Appropriate crewing must be equal to or higher than minimum crewing. Appropriate crewing may be the same as minimum crewing if the risk assessment carried out by the owner determines that minimum crewing is adequate to eliminate or minimise all risks.

Method for determining appropriate crewing

The method for determining appropriate crewing is an ‘appropriate crewing assessment’, also referred to as a ‘crewing evaluation’. This assessment considers the kind of operations being performed, the operational environment, and the people on or near the vessel. Marine Order 504, Schedule 1, clause 6(6) provides a list of facts to be considered, including:

• What tasks will the vessel undertake and what will the crew be required to do?
• How many persons will the vessel carry and how will they be monitored?
• What equipment or aids to navigation are fitted on the vessel? What training do the crew require to be able to use such equipment or aids?
• Where will the vessel operate? What are the expected traffic, weather, sea, and visibility conditions? How will conditions affect the performance or duties of the crew?
  When will the vessel operate? How long will the vessel operate for? What arrangements are there for the crew to rest?
• How will fatigue affect the crew? How will fatigue be managed?
• How will the vessel’s crew deal with an emergency? What training will be required?
• What maintenance tasks need to be carried out by the crew? Are the crew trained to carry out maintenance safely?
• How does the vessel’s operations affect the environment? Are people onboard or near the vessel impacted by the vessel’s operations?
• What are the qualifications and experience levels of the crew? Are their qualifications and experience sufficient to carry out the required duties?
• What support is available to the vessel if required? Are all crew aware of communications methods? Do they know how to seek help?

There is an appropriate crewing evaluation template available on the AMSA website, and replicated here as Appendix 3. Guidance on crewing for domestic commercial vessels, including ‘appropriate crewing’ requirements, and a number of examples, is available on the AMSA website.

Helpful information on preparing an appropriate crewing assessment:

1. Use online template for an Appropriate Crewing Evaluation.
2. If you have any questions contact AMSAConnect (amsaconnect@amsa.gov.au)

Complying with COLREGs (collision avoidance requirements)

What are COLREGs?

The Collision Regulations or COLREGs refers to the Convention on the International Regulations for Preventing Collisions at Sea. In Australia, the COLREGs are implemented through Commonwealth, state, and territory laws. COLREGs apply to all vessels, regardless of their size or nature of operation, in all navigable waters, from inland waters to the high seas.

Contravention of COLREGs may jeopardise the safety of life and endanger the environment. Under the Navigation Act 2012, it is an offence for an owner or master to operate a vessel to contravene the COLREGs (implemented by Marine Order 30 (Prevention of collisions) 2016).

Operators of autonomous and remotely operated vessels must demonstrate compliance with the COLREGs for each of their vessels.

What do operators need to do?

Operators must understand the COLREGs requirements that apply to their vessel and the specific operations being undertaken, and ensure they are compliant. To aid operators in undertaking this assessment, and in identifying the required level of compliance, it is recommended that the Design Record Template and COLREGs Operator Guidance Framework are utilised.

Operators may wish to supply the completed Design Record to AMSA as part of the evidence for their application for a Specific Exemption or other certification.

Using the COLREGs Operator Guidance Framework

The COLREGs Operator Guidance Framework has been prepared to assist operators to identify the COLREGs requirements that apply to a specific vessel and proposed operations.

The framework translates the stated and unstated capabilities described, and the terminology used, in the Rules of COLREGs into a vocabulary and format that is suitable for consideration of autonomous and remotely operated vessels. It is intended to be an enabling framework to:

• Help vessel designers understand what capabilities COLREGs requires vessels to have.
• Help operators understand what capabilities COLREGs requires and how mission planning can mitigate or remove the need for solving some of the more complex elements of COLREGs.
• Help regulators apply a consistent methodology for assessing the capability of a vessel with regards to COLREGs.

Information provided in the framework can be used by designers and operators to assess the capability of their vessel with regards to COLREGs and the mission types that they are considering. Designers and operators are free to choose whether a specific capability will be provided onboard, remotely through human oversight, or a combination of both. Where capabilities cannot feasibly be achieved or by preference, then the framework proposes mission constraints which can be implemented to mitigate or eliminate scenario specific risks.

What competencies do I need to operate a vessel which is a “Vessel in survey”?

Guidance is available in Chapter 14 of the Code with regards to operator competencies.

As a minimum, the operator should have:

1. Certificate of Competency that would permit the person to operate an equivalent crewed vessel, unless an exemption from AMSA from this requirement has been obtained; and
2. Additional training or certification relevant to monitoring or control of an autonomous or remotely operated vessel; and
3. Vessel specific training.

It may also be necessary for the operator of a Vessel in survey to have specific Autonomous vessel training, and or a commercial maritime qualification. Your appropriate crewing assessment (described above) will assist you to identify the required competencies.

It may also be necessary for the operator of “autonomous and remotely operated marine equipment” to have specific autonomous vessel training, and for the operator or a member of the crew to have the appropriate training and qualifications to operate the radio or other communication equipment fitted on the vessel or in the control station.