29-250 C.M.R. ch. 8, § 7 - Reports and records

1. Violations reports

A. Duty to report. A manufacturer or installer must electronically notify the Bureau of Motor Vehicles within 24 hours of discovering reliable information showing:

(1) evidence of circumventing, removing, or tampering with a device;

(2) a registered BAC during a rolling retest;

(3) a failure to submit to a retest that results in a permanent lock out condition; or

(4) a missed service visit.

B. Content of report. The report must include the following information:

(1) name and affiliation (manufacturer and installer) of the person submitting the report;

(2) reason and basis for the report;

(3) driver's full name, date of birth, driver license number and address; and

(4) registration plate number or name and the vehicle identification number of the vehicle in which the device is installed.

2. Driver monitoring reports

A. Duty to report. A manufacturer or installer must electronically notify the Bureau of Motor Vehicles within 10 days of the servicing of a device.

B. Content of report. The report must include the following information required by Section 7(1) B and the results of the service, including a summary of the information provided by the device's data recorder.

3. Six month status reports

A. Duty to report. A manufacturer or installer must electronically provide the Bureau of Motor Vehicles a status report once every six months.

B. Content of report. The report must provide the following:

(1) information required by Section 7(1)(B)(1) and (2);

(2) standard prices established for installation, calibration, removal, device rental, reinstallation and any other standard charges;

(3) non-standard charges assessed to any driver, listing the driver's contact information as provided in Section 7(1)(B)(3) and the amount and reason for the charge;

(4) number of requests for financial assistance and the number of requests granted and denied;

(5) list of persons, including the information required by Section 7(1)(B)(3) and (4), whom had a device installed or removed from a vehicle;

(6) number of devices installed and number of devices that malfunctioned or were defective requiring service, repair or replacement. The serial numbers and the specific problem identified for malfunctioning and defective devices must be included in the report;

(7) number of service visits that resulted in a charge to a driver, including the information required by Section 7(1)(B)(3), amount of the charge and the reason for the charge; and

(8) number and a summary of all complaints received and the corrective action, if any, taken by the manufacturer or installer for each model or type of device.

4. Record retention. A manufacturer or installer must keep all records relating to the application for approval of a device and all records relating to the installation, service, removal, performance and use of individual devices for a period of three years following the removal of any device.

Notes

29-250 C.M.R. ch. 8, § 7