Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A manufacturer shall ensure that an
authorized installer has the training and skills necessary to install,
troubleshoot, check for proper operation of the device, screen the vehicle for
acceptable condition, and complies with the following:
(1) Provides all participants with the
following:
(A) A completed Verification of
Installation, form DL 920 (Rev. 1/2019), which is hereby incorporated by
reference.
(i) When a court has ordered the
installation of an ignition interlock device, the installer shall complete and
submit a court-authorized verification of installation form to the court. The
installer shall provide verification of installation to the department and must
submit an original form DL 920 or a copy of the court-authorized verification
of installation form. For purposes of this section, an original DL 920 will
contain the green border around the form and will contain the manufacturer's
stamp in the top left corner of the form. The manufacturer's stamp shall be an
inked or embossed seal.
(B) Written instructions on cleaning and
caring for the device.
(C) Written
instructions on types of vehicle malfunctions or repairs that may affect the
device, and what to do when such repairs are necessary.
(D) Written and hands-on training on the use
of the device after it is installed in the vehicle for the participant and all
persons who operate the vehicle.
(E) A 24-hour emergency phone number that may
be used to request assistance in the event of failure of the device or vehicle
problems related to operation of the device. The assistance provided by the
authorized installer shall include technical information, tow service, or road
service. The device shall be made functional within 48 hours of the call for
assistance, or the device shall be replaced.
(2) Follows the manufacturer's specifications
for service and repair of an ignition interlock device.
(A) Services the device in intervals not to
exceed 60 days.
(B) Service shall
include, but not be limited to, physical inspection of the device and vehicle
for tampering, calibration of the device, and monitoring of the data contained
within the device's memory.
(C)
Each time a device is serviced, downloads all the data recorded in the device's
memory. The electronic log shall specify the corresponding device or
participant file identification number (that when accessed will clearly specify
the corresponding device), the date the download occurred and can be either a
hardcopy or an electronic copy. If an electronic copy is used it shall be
electronically maintained and a hardcopy shall be provided upon request. The
downloaded data shall also contain a summary report that includes each incident
the breath alcohol level was at or above the alcohol setpoint, any attempts to
bypass or tamper with the device and shall specify the corresponding device or
participant file identification number, and date the download
occurred.
(D) Each time a device is
serviced, a hardcopy of the summary report shall be included in the
participant's file.
(E) Each time a
device is serviced, a hardcopy of the calibration results shall be included in
the participant's file.
(F) If an
installed device is replaced with another device, the event shall be
documented. The documentation shall specify each device and the documentation
shall be included in the participant's file.
(G) If the participant is unable to return
the vehicle for recalibration within 60 days due to military service, a family
death, or similar event beyond the control of the participant, and the
participant can document the event to the satisfaction of the installer prior
to non-compliance being reported to the department by the installer, the
installer may extend the time for recalibration as appropriate. A copy of the
documentation shall be included in the participant's file. If the participant
fails to return the vehicle for recalibration as scheduled, the installer shall
complete and submit a Notice of Non-Compliance Ignition Interlock, form DL 921
(Rev. 1/2019), which is hereby incorporated by reference.
(3) Conducts physical tamper inspections
every time the device is serviced, or given routine inspection, maintenance, or
repair, or is replaced.
(A) A tamper
inspection shall include checking the device for proper operation of tamper
detection capabilities. If tampering is detected, the inspection shall also
include installation wiring connection and tamper seals.
(B) Documenting evidence of tampering shall
include photographing the damage, an electronic log hardcopy, or completing a
comprehensive incident report or other written documentation. If originals of
such evidence are sent to a court or the department, copies shall be included
in the participant's file.
(C) The
installer shall report any evidence of attempts to bypass or circumvent the
device or of physical tampering to the appropriate court or the department
within three working days. When reporting such evidence to the department, the
installer shall complete the form DL 921 pursuant to Section
125.18 of this article.
(D) After the evidence of tampering has been
recorded or photographed, and reported to the appropriate court or the
department, the installer shall restore the system and its tamper seals, or
equivalents, and all other components to their original condition to prevent
further abuse.
(E) If a participant
fails to maintain the device pursuant to Section 23573 or 23575 of the Vehicle
Code, the installer shall report non-compliance to the appropriate court or the
department as required by statute, within three working days.
(F) When reporting non-compliance to the
court personnel or the Department of Motor Vehicles, the installer shall follow
procedures and forms provided by the appropriate court and the Department of
Motor Vehicles and a copy shall be included in the participant's
file.
(b)
Whenever a device is removed, a manufacturer shall ensure that the vehicle is
restored to its original condition by the authorized installer. When reporting
the removal to the court personnel, the installer shall follow procedures and
forms provided by the appropriate court and a copy shall be included in the
participant's file or an Ignition Interlock Notice of Removal, form DL 922
(Rev. 1/2019), which is hereby incorporated by reference, shall be submitted to
the department pursuant to Section
125.20 of this article.
(c) A manufacturer shall be responsible for
providing continuing service by an authorized installer during the period the
device is installed, without interruption, when an authorized installer is
replaced with another affiliated authorized installer or replaced with another
authorized installer affiliated with another manufacturer.
(1) The manufacturer shall obtain all
participant files from an authorized installer being replaced, and shall
provide the participant files to the new installer.
(2) The manufacturer shall ensure that each
participant with an existing, installed device is able to obtain the required
service within a similar distance or less from the participant's residence or
place of business. If there are installed devices for which authorized service
is no longer accessible, such devices shall be replaced by the manufacturer, at
no cost to the participant, with a device from another manufacturer's
authorized installer located at a similar distance or less from the
participant's residence or place of business.
(3) The manufacturer shall make every effort
to notify all participants of a change of the authorized installer or
replacement of the device 30 days before the change or replacement will occur.
When the manufacturer is unable to notify participants 30 days prior to the
change or replacement, the manufacturer shall notify all participants of the
change as soon as possible.
(4) The
removal of the device shall be recorded on a form DL 922 pursuant to Section
125.20. Section II of the form DL
922 is not applicable for this type of removal. The installation of the new
manufacturer's device shall be recorded on a form DL 920 pursuant to Section
125.16. To substantiate that no
break in service has occurred, copies of the form DL 920 and form DL 922 shall
be submitted to the department together.
(d) A manufacturer shall be responsible for
providing continuing service by an authorized installer during the period the
device is installed, without interruption, when the participant elects to
transfer to an affiliated authorized installer or to another authorized
installer affiliated with another manufacturer.
(1) The participant's file shall be
transferred pursuant to the procedures described in Section
125.12(c)(1).
(2) The device removal and installation shall
be recorded and reported pursuant to the procedures described in Section
125.12(c)(4).
1. New
section filed 6-22-2001; operative 7-22-2001 (Register 2001, No.
25).
2. Amendment filed 10-29-2003; operative 11-28-2003 (Register
2003, No. 44).
3. Amendment of subsection (a)(1)(A), new subsections
(a)(1)(A)(i)-(ii), and amendment of subsections (b) and (c)(4) filed 9-18-2007;
operative 10-18-2007 (Register 2007, No. 38).
4. Amendment of
subsections (a)(1)(A)(i)-(iii), (a)(3)(E)-(F), (c)(4) and (d)(1)-(2) and
amendment of NOTE filed 7-23-2010; operative 7-23-2010 pursuant to Government
Code section 11343.4 (Register 2010, No. 30).
5. Amendment of
subsections (a)(1)(A)(i)-(iii), (b) and (c)(4) and amendment of NOTE filed
3-7-2013; operative 7-1-2013 (Register 2013, No. 10).
6. Amendment
of subsections (a)(1)(A)(i)-(iii), (a)(1)(D), (a)(2)(G), (a)(3)(C), (b) and
(c)(4) filed 7-29-2015; operative 10-1-2015 (Register 2015, No.
31).
7. Repealer and new subsection (a)(1)(A), repealer of
subsections (a)(1)(A)(i) and (a)(1)(A)(iii), subsection renumbering, amendment
of newly designated subsection (a)(1)(A)(i), repealer of subsection (a)(2)(G),
subsection relettering, amendment of newly designated subsection (a)(2)(G) and
amendment of subsection (b) filed 5-21-2019; operative 5-21-2019 pursuant to
Government Code section 11343.4(b)(3) (Register 2019, No.
21).
Note: Authority cited: Section 1651, Vehicle Code.
Reference: Sections 13353.3, 13386, 23573 and 23575(g), Vehicle
Code.
