(1)
An Entity under contract to install and maintain any type(s) of certified IIDs
may apply to the Registrar to become an approved Service Provider.
(2) The Registrar shall approve only those
Service Providers that meet the terms and conditions set out in
540 CMR 25.00.
(3) Each Service Provider shall notify the
Registrar of every site from which the Service Provider intends to install,
monitor and maintain devices, in a format specified by the Registrar. Every
site must comply with the requirements set forth in
540 CMR 25.00, as may be
determined through site inspection(s) by Registry of Motor Vehicles staff. It
shall be the responsibility of the Service Provider to notify the Registrar
within 30 days of any change in the information previously provided.
(4) A Service Provider who installs Ignition
Interlock Devices in vehicles shall comply with the following conditions:
(a) Not allow customers or other unauthorized
persons to observe the installation of the devices.
(b) Have all tools, test equipment and
manuals needed to install devices and screen vehicles for acceptable mechanical
and electrical conditions. These include, but are not necessarily limited to,
the following:
1. tools to make electrical
connections in a competent manner and in accordance with accepted trade
standards;
2. heat gun if heat
shrink tubing or heat set labels are used;
3. volt/ohmmeter;
4. test light;
5. battery testing equipment and servicing
tools;
6. electrical wiring
diagrams and/or reference guide for electrical systems on import and domestic
vehicles, 20 years old or less, necessary for the installation and operation of
the device; and
7. tools and
equipment listed by the device manufacturer(s) to properly install
devices.
8. Provide adequate
security measures to prevent unauthorized persons from accessing materials key
to the integrity of the IID system including, but not limited to, tamper seals
and installation instructions.
(c) Appropriately install IIDs on vehicles
taking into account each vehicle's mechanical and electrical conditions,
following accepted trade standards and the device manufacturer's instructions,
and correcting conditions which interfere with the proper functioning of the
device.
(d) Not install devices in
a manner that could adversely affect the performance of the device or impede
the safe operation of the vehicle.
(e) Verify that a device is functioning
properly after it has been installed in the vehicle.
(f) Attach a warning label, approved by the
Registrar, in a conspicuous place on the Ignition Interlock Device, informing
the person to whom the Ignition Interlock Restriction applies of the penalties
for tampering with or attempting to circumvent operation of the device. The
label shall be produced at the expense of the Service Provider. This label
shall also warn other individuals of the penalties for blowing into the device
on behalf of the restricted operator. On each and every service visit the
monitoring entity shall inspect this label, and if it is found to be damaged,
loose, obscured or in any other way not clearly legible, replace the label with
a new one.
(g) Restore the affected
mechanical and electrical systems to their original configurations or, if this
is not possible, minimally to working order when an IID is removed. All severed
wires must be permanently and safely reconnected and insulated.
(h) Provide monthly reports to the Registrar
on the status of its clients.
(i)
Provide timely reports to the Registrar of any operator Lockout or IID
Violations.
(j) Abide by any
policies established by the Registrar governing the removal of the
device(s).
(k) Provide appropriate
training to operators on the use and safe operation of the IID.
(5) The Registrar shall maintain
and publish a list of all approved Service Providers within the Commonwealth.
Any Service Provider found not to be in compliance with any of the provisions
of
540 CMR 25.00 may be subject
to suspension or revocation of approval for any or all its sites, after a
hearing before the Registrar. The Registrar may take into account the nature
and extent of the violation(s) and the past performance of the Service
Provider.
(6) A Service Provider
must agree to provide all mandatory program costs, including installation,
maintenance and removal of the IID, at no cost to a person who presents
documentation issued by the Registrar that such cost would cause a grave and
serious hardship to the offender or the offender's family.
