With the registration of the four surveillance vehicles, each around ten metres long, the following will be granted, according to Information provided by the US company For the first time, vessels in its fleet have been granted national flag status. The Voyager ships had already been seen on the water before this. We have previously reported regarding an unusual AIS contact in the Kattegat and Skagerrak. The vessels were monitoring shipping traffic there on behalf of the Danish Navy. The fact that a Dannebrog was already visible on the wing sail at that time did not mean that the vessels were formally registered under the Danish flag.
Who is responsible for the sailing drones?
Upon registration, Denmark assumes the role of the flag State. In accordance with the the maritime law principles of the International Maritime Organisation A flag State must exercise supervision over its ships, including in matters of technical and safety standards. However, the flag does not replace the need for authorisation for each individual voyage. A Danish guidelines for marine drones describes separate risk assessments for commercial operations in Danish waters. Among other things, these assessments examine the impact on other maritime traffic. Unfortunately, it is not possible to clarify how the military reconnaissance mission carried out by the drones should be classified in this context.
A flag does not answer an insurance question
The question of who is liable for damage following a collision is not determined solely by the flag. The Danish maritime law In the event of a collision, liability is generally determined on the basis of fault: if one party is solely at fault, they must compensate for the damage. Where both parties are at fault, the liability is apportioned accordingly. Whether an insurance policy covers a claim is a separate matter.
In Denmark, certain insurance obligations depend on the gross tonnage. From 20 onwards, cover is required for potential wreck removal costs; from 300 onwards, further requirements apply in respect of maritime claims. These figures do not refer to weight. For smaller vessels, the gross tonnage is calculated according to Danish surveying regulations calculated from a defined hull volume. No official gross tonnage figure has been published for the Voyager. Given its slender hull, a figure of more than 20 seems unlikely.
Under sail or under motor?
When it comes to the duty to give way, it is not only the distinctive wing sail that counts, but the propulsion system actually in use. If the Voyager is powered solely by wind, it may be regarded as a sailing vessel under the collision prevention rules. If its electric motor is powering it, it is regarded as a motorised vessel. This makes a difference for a yacht under sail. However, it is not immediately apparent during an encounter whether the drone’s motor is currently running.
Sailors should therefore avoid any potentially dangerous encounters, rather than relying on the drone to give way. Incidentally, this also applies when encountering manned watercraft. Our article explains the legal framework “When the duty to give way and the duty to maintain course come into effect”.
How would you react on board if an unmanned Voyager spacecraft crossed your path? Join the discussion.
Hauke Schmidt
Test & Technology editor
