| WIG crafts combine the navigational characteristics of both ships and aircraft,boasting advantages such as higher speed and greater comfort compared to ships,while having lower operating costs and a higher level of safety than civil aircraft,possessing broad market application prospects.In 2018,the International Maritime Organization’s“Guidelines on WIG crafts” provided guidance for the establishment of WIG craft technology and inspection laws in various countries.In 2021,China’s “Interim Rules on WIG Craft Technology and Inspection” filled the legal gap in WIG craft technology and inspection,clearing obstacles for the commercial operation of civil WIG crafts.In the operation of civil WIG crafts,the possibility of marine collisions is inevitable.The “International Regulations for Preventing Collisions at Sea”(COLREGS)serves as technical specifications for maintaining maritime traffic safety and legal norms for determining fault in ship collisions.Although COLREGS includes civil WIG crafts within its scope of “ships” and establishes relevant clauses,but those WIG craft-related clauses reveal several outstanding issues: unclear legal status,the “mutual sighting” and “poor visibility” clauses are unreasonable while applying to WIG crafts,lack of liability regulations for non-surface operating WIG crafts,and conflicts between special rules for WIG crafts and seaplanes.To address the issue of unclear legal status for WIG crafts,by considering the coverage of WIG crafts in the scope of ships in the maritime laws of contracting countries and relevant provisions of the Civil Aviation Convention and the attitudes of international organizations towards,discussing the rationality of various legal status definition standards for WIG crafts,WIG crafts operating within 150 meters above the water surface are granted the legal status of “ships”.To address the issues of amendments and improvements to the various WIG craft-related clauses of COLREGS,the discussion is unfolded from two aspects: special clauses for WIG crafts and the general provisions applicable to them,while considering maintaining maritime traffic safety and providing a basis for determining fault in ship collisions.In the general clauses applying to WIG crafts,it is proposed that “electronic”mutual sighting of WIG crafts should replace “visual” mutual sighting,prohibiting WIG crafts’ non-surface operations in poor visibility conditions.In the special clauses for WIG crafts,specifying that WIG crafts in the flyover state should bear the “avoid impeding” responsibility towards other ships,the responsibility of “avoid impeding” for seaplanes to non-surface operating WIG crafts is excluded,and a “hierarchical” and“geometric” clause for non-surface operating WIG crafts is created,clarifying that Type B and Type C WIG crafts bear the “avoid impeding” responsibility towards Type A WIG crafts.However,in situations where there is a risk of collision in encountering and crossing situations,the relevant provisions of COLREGS for power-driven vessels are referred to.The suggestions for completing the WIG craft-related clauses in COLREGS are summarized,and the relevant clauses are specifically set up for China’s reference when proposing amendments to COLREGS to the International Maritime Organization.At the same time,it is proposed that the legal status of WIG craft under China’s domestic maritime law should be consistent with the clauses of COLREGS,suggestions are made on the creation of special clauses for WIG craft in China’s Regulations for Preventing Collisions on Inland Waters according to the ideas of completing the WIG craft-related clauses in COLREGS. |
