7 CSR 60-2.040 - Responsibilities of Manufacturers
PUBLISHER'S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(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) Review operator's downloaded data for
quality assurance in the event a minimum of thirty (30) vehicle starts is not
recorded, zero (0) miles is recorded driven, or negative vehicle miles traveled
is recorded, compared to the previous service record;
(E) 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;
(F) 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;
(G)
Retain records of installation, calibration, downloads, service, removal, and
their associated invoices for a minimum of five (5) years from the date of
device removal;
(H) 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;
(I)
Create a printed price list reflecting any and all fees related to ignition
interlock services that are not covered in the lease agreement; and
(J) 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 subsection 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 anticircumvention 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; and
(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
biannually 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; and
(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.
Notes
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