Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment updates electronic submission
requirements for manufacturers regarding update and comparison files for the
Department of Revenue.
(1) A
manufacturer shall-
(A) Carry product
liability insurance with minimum liability limits of one (1) million dollars
per occurrence and three (3) million dollars aggregate total that includes
coverage for defects in device design and materials as well as device
manufacturing, calibration, installation, and removal;
(B) Indemnify and hold harmless the state of
Missouri and its officers, employees, and agents from all claims, demands,
actions, and costs whatsoever which may arise, directly or indirectly, out of
any act or omission by the manufacturer or its authorized service providers
relating to device installation, service, repair, use, or removal;
(C) Review all data downloaded from a device
for any evidence, within the designated monitoring period, of violations reset,
tampering, and/or circumvention as those terms are defined in
7 CSR
60-2.010;
(D) Provide testimony in any civil, criminal,
or administrative proceeding or hearing on device manufacturing, function,
testing protocol(s), and any report or information provided to the division,
Department of Revenue, or court supervising authority;
(E) Retain all information obtained as a
result of each calibration or inspection for a minimum of three (3) years from
the date of device removal;
(F)
Retain records of installation, calibration, downloads, service, removal, and
their associated invoices for a minimum of three (3) years from the date of
device removal;
(G) Provide, upon
request and at no cost, informational materials on devices to the Division of
Probation and Parole, the Circuit Courts, and the Department of Revenue for
distribution to operators;
(H)
Create a printed price list reflecting any and all fees related to ignition
interlock services that are not covered in the lease agreement; and
(I) Document any evidence of tampering and
circumvention and notify court supervising authority.
(2) A manufacturer shall provide to the
division the following:
(A) Proof of insurance
that also includes a statement from the insurance company that thirty (30) days
notice will be given to the division prior to cancellation of any insurance
required under this rule;
(B)
Written notice of any modification or alteration in the components, design, or
installation and operating instructions of any certified device;
(C) Satisfactory proof that any modifications
or alterations do not adversely affect the device's ability to meet or exceed
the standards established by the United States Department of Transportation,
National Highway Traffic Safety Administration, identified as "Model
Specifications for Breath Alcohol Ignition Interlock Devices" 78 FR 26849-26867
as published in the Federal Register on May 8, 2013 by the National Highway
Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and
effective March 8, 2014, and 80 FR 16720-16723 as published in the Federal
Register on March 30, 2015 and effective March 30, 2015, which are hereby
incorporated by reference and made a part of this rule. This paragraph does not
incorporate any subsequent amendments or additions to this
publication;
(D) A quarterly status
report for each certified device that is sent electronically and received by
the division on or before the fifteenth of the month immediately following the
end of the quarter, and that contains for that quarter the total number of-
1. Devices that were in operation, devices
installed during the quarter, devices voluntarily installed during the quarter,
devices removed during the quarter, devices that malfunctioned or were
defective;
2. Breath tests
conducted and breath tests resulting in a Breath Alcohol Concentration (BrAC)
at or above the alcohol set point;
3. Attempts at device circumvention as that
term is defined in
7 CSR
60-2.010;
4. Vehicle starts and miles driven between
download and calibration appointments;
5. Number of devices that resulted in a
service lockout during the quarter; and
6. The first quarter of each year shall be
January 1 through March 31;
(E) Within one (1) business day, electronic
notice of any change to the list of authorized service providers for the
manufacturer to include any additions, deletions, or other changes. Include the
company name, location, phone number, contact name for each provider, indicate
if the provider is a mobile site or fixed site, and which services are provided
at each location (e.g., installation, calibration, removal);
(F) Upon request and at no cost, provide the
division or its designee, a copy of all operator files and records;
(G) Notice of and explanation when a device
has not transmitted data as outlined in
7 CSR
60-2.030(1)(I) real-time reporting.
Electronic notice will be made once the operator has been contacted or device
calibration has occurred, whichever occurs first;
(H) Upon request and at no cost, provide the
division or its designee, three (3) devices for periodic compliance testing
once a device is certified. One (1) device will be installed in a vehicle and
tested for a period of thirty (30) days. The manufacturer will install the
device with all anti-circumvention features activated in a vehicle provided by
the division, or its designee, and programmed according to the standards and
specifications found in
7 CSR
60-2.030 and capable of meeting the requirements found
in 7 CSR 60-2.040 through
7 CSR
60-2.050;
(I) Written notification if a certified
device is the subject of a proposed sanction, disapproval, suspension,
revocation, or cancellation of a device by another state or jurisdiction and
written notice of the final decision regarding the sanction, disapproval,
suspension, revocation, or cancellation by another state or
jurisdiction;
(3) A
manufacturer shall provide electronic notice to the Missouri Department of
Revenue, in a format as determined by the director of revenue, within one (1)
working day of device installation, service lockout condition, device removal,
device equipment addition/removal (e.g., camera), and completion of the
designated monitoring period. In the same format, the manufacturer shall also
submit electronically to the Missouri Department of Revenue, comparison files
biannu-ally to ensure data quality between parties.
(4) As outlined in
7 CSR 60-2.030(1)(I)
real-time reporting, a manufacturer shall
provide to the court ordered supervising authority by a method and in a format
as determined by the court ordered supervising authority-
(A) Notice, before the end of the next
business day, with the exception of federal holidays, of any instance of
operator noncompliance such as any lockout condition, circumvention, violations
reset, BrAC at or above the alcohol set point, missed scheduled service date,
device removal, and other instances of operator noncompliance as determined by
the referring court;
(B) Reports
every thirty (30) days that contain a summary of violations, the number of
starts, the number of miles driven since last calibration, and all instances of
tampering, circumvention, violations reset, BrAC at or above the alcohol set
point, missed scheduled service date, device removal, and other instances of
operator noncompliance as determined by the referring court;
(C) Provide to the court ordered supervising
authority, upon request, additional reports to include, but not be limited to,
records of installation, calibrations, maintenance checks, and usage
records.
(5) A
manufacturer shall provide to the operator-
(A) Written instructions and hands-on
training on how to use and maintain the device;
(B) Written instructions on what type of
vehicle malfunctions or repairs may affect the device and what to do when
vehicle repairs are necessary;
(C)
A twenty-four (24) hour toll-free telephone number for technical information
and tow and/or road service in the event of a device malfunction or failure.
1. A call will be answered by a device
technician or returned by a device technician within thirty (30) minutes of the
original call time.
2. Assistance
related to the malfunction or failure of a device should be provided within two
(2) hours of the original call time.
3. The device must be made functional or
replaced within twenty-four (24) business hours from the original call time. In
the event of a device malfunction or failure on a federal holiday, the device
will be repaired or replaced on the following business day;
(D) Restoration of the vehicle to
its original condition after removal of the device;
(E) Access to a separate, enclosed waiting
area during device installation and removal; and
(F) Notification when the device has not
transmitted data, as outlined in
7 CSR
60-2.030(1)(I) real-time reporting,
for a consecutive ten- (10-) day period.
*Original authority: 577.600-577.614, see Missouri
Revised Statutes and 226.130, RSMo 1939, amended 1993,
1995.