I-VMS Device Failure Letter
Initial letter from MMO informing that the device had failed independent testing.
Date: 13th May 2023
Independent I-VMS device testing (MARITIME SYSTEMS – Model MS44)
Dear Mr Glover,
As you are already aware, Marine Management Organisation (MMO) commissioned GMV NSL to undertake independent assurance testing of your I-VMS device, approved under the I-VMS type approval programme. This independent testing has now been completed and I am writing to you to confirm the outcome.
I now confirm that your device, MS44, has FAILED independent testing.
What does this mean?
As part of the MMO’s type approval process you provided confirmation that your device met the device specification set out by the MMO. The independent testing that was carried out by GMV NSL confirms that this is not the case.
A report including the detailed results of testing for your device is attached to this letter. However, at a high level the testing undertaken by GMV NSL has identified issues with your device, specifically:
- 1. IP67 Status
- 2. Blackout Performance
- 3. Missing Status code messaging
Continued marketing, sale and/or installation of devices
As your device does not meet the specification set out in the MMO’s type approval process, at this time, you can no longer market, sell and/or install devices to fishers as a type approved device.
The MMO is allowing you a period of two weeks for you to consider the failures identified and to provide your response to these, with further information on this process provided below. Following this time, the MMO will consider your response and provide a response within one week of its receipt. This may include removing your device from the list of type approved devices or listing the device as being suspended from type approval.
We will also confirm our communications to industry regarding the type approved status of your device.
MMO has decided to allow you the opportunity to consider and then submit a plan for how you propose to address the issues identified. The plan must adhere to the following parameters:
1. We are unable to consider the submission of a new device for type approval. The device must therefore be the same device that received type approval but with the issues identified rectified.
2. It must include detail on how devices will be fixed so that it meets the device specification (which it was claimed it met as part of the type approval process) and must not fail on the points set out above or any other part of the original specification.
3. The plan should detail how you will address the failures set out above, and within the detailed report attached, for your device. Your plan must also include detail for fixing or replacing devices already sold and installed on vessels as well as a timeline for doing this.
At a minimum, we’d expect any plan submitted to cover the following detail:
a. Corrective action you intend to take which addresses and fixes the specific technical issues that have been identified with your device during testing. This should include at a high level (so as not to impact supplier intellectual property rights) any changes you may need make to address the issues identified and meet type approval specification.
b. Whether or not the technical fixes you’ve identified can be done by you directly or need support from a third party.
c. Clear timescales for the time you consider it will take for the technical fixes to be implemented.
d. How any proposed fixes to the technical issues identified during testing will address both devices that you intend to sell and install on vessels prior to installation and those devices that have already been sold and installed on vessels.
You should submit your plan for how you intend to address the issues identified to the MMO no later than 10:00 Monday 27 March 2023. If you choose not to submit a plan or it is not possible to address the issues identified so that the device that you originally provided for type approval meets the original specification requirements outlined as part of type approval, then the MMO will permanently remove the type approval status of your device.
In exceptional circumstances, the MMO may extend the deadline for receipt of your plan however this will be at the MMO’s absolute discretion. If you are unable to provide your plan by the deadline set out above, then you should set out in writing why this is and a date by which you will be able to provide this. If the MMO does extend the deadline then this will be confirmed in writing, and you should not rely on any such extension until you have written confirmation that this request has been excepted.
Following receipt of your plan the MMO will consider, as a minimum:
• whether your plan appropriately addresses all the failures set out within the test summary report attached;
• whether your plan in respect of devices already installed, as well as those still to be sold/installed is sufficient;
• whether your proposed timeline within your plan is acceptable;
• whether your plan constitutes a submission of a different device to that which was originally type approved by the MMO (note: you are not permitted to submit a different device to that which was originally type approved by the MMO).
The MMO will confirm to you in writing by Monday 3 April 2023 whether your plan is accepted.
If your plan is refused then the MMO will permanently remove the type approval status of the device.
If your plan is agreed by the MMO and once you consider that the issues identified have been corrected, MMO will carry out further assurance testing prior to any work being carried out on devices already sold and installed on vessels. Only when corrected devices have passed additional testing and this has been confirmed to you by the MMO in writing will you be able to arrange replacement or fixes to devices already installed and these devices will not be considered to meet the type approved status until they have been corrected. Further detail on the timelines and requirements for additional testing of devices is provided below.
If you do not undertake the work set out in your plan by the agreed timelines, then the MMO will permanently remove the type approved status of your device.
It should be noted that removal of the type approved status of your device may require you to carry out additional action including but not limited to the reimbursement of any payment received from those individuals who you have sold a device to. The MMO will send further detail on this should the type approved status of your device by removed.
Further testing of devices
The MMO has secured an additional window for further devices to be tested by GMV NSL during the period covering Thursday 6 April 2023 to Friday 28 April 2023. As such, you should aim to have all necessary work completed in advance of this window to allow for further testing of fixed devices to be tested. The MMO will therefore require two devices to be submitted once the issues identified have been rectified to allow for the retesting of devices. If you are unable to meet this testing window, this should be set out as part of your plan and the MMO will consider any case for an additional testing window.
Attached to this letter is a report which includes the detailed test results for your device for your records. These test results include further information regarding the failure(s) identified.
We appreciated that you may have questions about this process and are therefore offering a fixed 1-hour window on Thursday 16 March 2023 to discuss this matter further. Your time slot is:
Thursday 16 March – 11:00 to 12:00
If you want to take up the opportunity to discuss this matter on the date and time set out above, then please confirm by email to email@example.com.
In closing, we ask that this information is not published externally and/or discussed with any third party without express permission to do so from the MMO.
Director of Operations