The IMO Adopts the First Global Code for Autonomous Ships( continued from page 2)
maritime technologies. The instruction covers uninspected Unmanned Maritime Systems(“ UMS”)( not subject to Coast Guard inspection and not carrying passengers for hire), uninspected passenger vessels, and inspected vessels.
Code’ s adoption, with that framework expected to be established by December 2026. The EBP is designed to allow industry participants and Member States to apply the Code in practice, gather operational data, and identify any gaps or areas requiring refinement.
According to the IMO 1, development of the mandatory MASS Code is scheduled to commence in 2028, drawing on the non-mandatory Code and the findings of the EBP. This mandatory instrument will also require amendments to SOLAS, potentially through a new chapter, to give it binding legal force. The IMO’ s target is to adopt the mandatory Code by July 1, 2030, with entry into force on January 1, 2032.
Domestic Guidance The USCG issued Work Instruction 5P-WI-002( 1), Oversight of Unmanned, Autonomous and Remote- Control Operations 2( Work Instruction), on June 1, 2026, providing risk-based guidance to District Commanders; Captains of the Port(“ COTP”); and Officers in Charge, Marine Inspection(“ OCMI”) evaluating operations involving unmanned, autonomous, or remote-controlled
The Work Instruction states that owners and operators of all UMS should provide advanced notice of UMS activities to the cognizant COTP and should also be prepared to discuss the following details with the COTP: point of contact information; operational details, including vessel characteristics, dimensions, speed, propulsion type, purpose, and description of activities; operating location and schedule; onboard systems and sensors; control modes; operator procedures; emergency management and response procedures; cybersecurity measures; and operator training and qualifications; and have a Convention on the International Regulations for Preventing Collisions at Sea, 1972(“ COLREGS”) compliance statement, explaining how the UMS and operator will comply with COLREGS, especially for lookout, maneuverability, navigation and lighting. For inspected vessels, OCMI will evaluate the proposals to ensure compliance with applicable regulations and will forward the proposal with an initial recommendation to the Commandant via the applicable District, who will then provide a recommendation back to the OCMI. The OCMI retains final authority for the approval or disapproval of the request.
The Work Instruction specifically states that the OCMI shall not establish manning that is less than the minimums in 46 U. S. C. 8301 and 46 C. F. R. Part 15 and notes that COLREGS require that a vessel shall, at all times, maintain a proper look-out by sight and hearing.
While the Work Instruction expressly does not implement the MASS Code, the USCG acknowledges it as a meaningful step toward integrating autonomous vessels internationally and notes that its own priorities: safe navigation, human oversight, cybersecurity, and accountability, align with the Code’ s goal-based approach.
Industry and Legal Implications The MASS Code arrives at a time of rapid technological advancement in the maritime sector. Several countries have already developed or are constructing MASS prototypes for commercial application and training purposes,
1
IMO, Autonomous Shipping, Available at: imo. org / en / mediacentre / hottopics / pages / autonomous-shipping. aspx.
( continued on page 4)
2
U. S. Coast Guard, Work Instruction 5P-WI-002( 1), Oversight of Unmanned, Autonomous and Remote-Control Operations, available at: dco. uscg. mil / Portals / 9 / DCO % 20 Documents / 5p / CG-5PC / CG-CVC / CVC _ MMS / 5P-WI-002( 1)% 20Oversight % 20of % 20Unmanned % 20Autonomous % 20and % 20Remote-Control % 20Operations-Final. pdf.
3 • MAINBRACE