論無人船碰撞與責任歸屬

過往的船舶碰撞議題與人為因素關係濃厚，各方碰撞責任的分配與船員的過失有關。隨著科技的持續進步與發展，無人船的運用愈來愈廣泛，船舶需要人為操縱或人員在船的限制已逐漸消失。為了因應無人船對於船舶碰撞責任議題所帶來的改變，本文將以Degree 3遠端遙控無人船與Degree 4自主無人船作為聚焦重點，剖析以下三項議題。首先，無人船能否符合於現行《避碰規則》之規範？其次，無人船的碰撞責任成立與分配，是否仍以過失責任為基礎？最後，船舶的對外責任主體，是否會因無人船的自主性特色而有所不同？

In the past, the issue of ship collision was strongly related to human factors, and the allocation of responsibility for the collision was related to the fault of the crew. With technology's continuous advancement and development, unmanned vessels have become increasingly extensive, and the limitation that ships need to be manned on board has gradually disappeared. To respond to the changes brought by the unmanned vessel to the ship collision liability issue, this paper will focus on the Degree 3 remote-controlled vessel and the Degree 4 autonomous unmanned vessel as the focus and analyze the following three issues. Firstly, can the unmanned vessel comply with the existing COLREG Rules? Secondly, is establishing and allocating collision liability for unmanned vessels still based on fault liability? Finally, the issue to resolve would be to determine to whom the liability attaches, and whether the new parties will affect the traditional overarching liability position assumed by the shipowner.