Current through Register Vol. 30, No. 38, September 20, 2024
A. For events occurring outside of normal
business hours, an IISP shall provide to each person a 24-hour emergency
toll-free phone number answered by a live person at all times, to provide
assistance in the event a CIID fails to operate properly or a vehicle
experiences a problem relating to the installation, operation, or failure of a
CIID.
1. During normal business hours, if the
IISP or technician receives a call for emergency assistance, and determines
that a vehicle is experiencing a problem relating to the installation,
operation, or failure of a CIID, an IISP or a technician shall respond to the
call within 24 hours of the initial contact and shall be available either to:
a. Provide telephonically, the technical
information required for the person to resolve the issue; or
b. Provide or arrange for appropriate towing
or roadside assistance services if unable to resolve the issue
telephonically.
2. After
receiving a person's call for emergency or other assistance, the IISP,
technician, or manufacturer, as appropriate, shall either:
a. Make the CIID functional, if possible,
within 24 hours, or
b. Replace or
repair the CIID within 48 hours of the initial contact.
B. An IISP shall ensure
uninterrupted service to a person for the duration of the person's ignition
interlock period, which shall include facilitating the replacement of a
technician, subcontractor, or an employee or agent who goes out of business, is
removed, or a technician whose certification is cancelled by the IISP.
1. If a manufacturer terminates the IISP's
authorization, the manufacturer shall obtain each person's records from the
IISP and retain the records according to
R17-5-612.
2. At the end or termination of an
ignition interlock service authorization agreement, the manufacturer shall
provide the Department with electronic access to each person's ignition
interlock records for three years.
3. If a manufacturer
authorizes a new IISP, the manufacturer shall notify each person affected by
the authorization of the new IISP at least 30 days before the authorization
becomes effective.
4. If
a manufacturer does not authorize a new IISP, the manufacturer at no cost to
the person, shall:
a. Provide written
notification to all persons who are affected by the loss of an IISP or lack of
service in an area, at least 30 days before the IISP discontinues service. The
written notification shall inform the person of the manufacturer's
responsibility to facilitate removal and replacement of the CIID and shall
provide the instructions necessary for the person to successfully exchange the
device;
b. Remove the device f rom
the vehicle of each affected person; and
c. Facilitate the replacement of each device
through a manufacturer with an IISP that can provide service.
5. A manufacturer shall notify the Department within
24 hours of replacing its IISP.
6. An IISP shall submit
to the Department an updated list of the IISP's certified technicians within 5
business days after making a change to the list provided to the Department
under
R17-5-609(J).
C. Except in an emergency
situation, a manufacturer, an IISP, or an IISP's-certified technician shall not
remove another manufacturer's CIID without the express permission of that
manufacturer.
1. If in an emergency situation
a manufacturer, an IISP, or the IISP's-certified technician removes another
manufacturer's CIID, that manufacturer, IISP, or the IISP's-certified
technician shall return the device to the original manufacturer within 72 hours
of the emergency removal; and
2.
The original manufacturer, on receipt of the device, shall provide to the
Department an electronic report of the device removal under
R17-5-610,
which shall include the transmission of all data stored in its data storage
system.
D. In accordance
with the IISP's implementation plan, an IISP shall facilitate the replacement
of the IISP's service center if the service center goes out of business or the
service center is closed, and the IISP does not have a service center in the
county. An IISP shall notify the Department within 72 hours of replacing a
service center location in a county.
1. If a
service center closes and is replaced, the manufacturer shall make all
reasonable efforts to obtain from the service center being replaced, all the
individual ignition interlock records and data required to be retained under
R17-5-612.
The records shall be provided to, and maintained by the IISP.
2. If an out-of-business or closed service
center is not replaced, the manufacturer shall retain the records and data as
required under
R17-5-612,
and shall provide the Department with electronic access to the records and
data.
a. The manufacturer shall facilitate
removal of all installed CIID's no longer serviced by the out-of-business or
closed service center, and shall bear the cost of replacing each device with a
serviceable CIID chosen by the person, even if the replacement device must be
provided through an alternate manufacturer.
b. The manufacturer shall, within 30 days,
make a reasonable effort to notify its customers of the change of service
center or replacement of a device.
3. If the manufacturer cannot comply with
subsection (D)(1) or subsection (D)(2), the IISP shall:
a. Notify its customers and the Department
that service will be terminated; and
b. Remove each device at no cost to the
customer.
