Mont. Admin. R. 23.3.980 - CERTIFIED IID INSTALLATION, MAINTENANCE, CALIBRATION, REMOVAL, AND REPORTS
(1) Each restricted
driver must:
(a) have a certified IID
installed in any vehicle they drive prior to the Motor Vehicle Division issuing
them a probationary or restricted driving permit;
(b) submit the vehicle and installed IID for
calibration and inspection at intervals not to exceed sixty-five
days;
(c) pay all costs associated
with the installation and calibration.
(2) At the time of installation, the
certificate holder must ensure:
(a) the
installer follows the manufacturer's instructions for proper installation and
affixes to the IID a label substantially complying with the following notation:
"Warning - This IID has been installed under the laws of the State of Montana.
Attempts to disconnect, tamper with, or circumvent this IID may subject you to
criminal prosecution. For more information, call (insert manufacturer, vendor,
or service center's toll free number).";
(b) the restricted driver is thoroughly
trained on the proper use and functionality of an IID; and
(c) that a user reference, operation, and
problem-solving guide in English or Spanish is provided to the restricted
driver when an IID is installed.
(3) At the time of calibration, the service
center must:
(a) download data contained in an
IID's memory or data logger. The manufacturer or vendor certificate holder must
make an electronic copy of the client data and the results of each examination;
and
(b) remove from service any
IID no longer meeting the certification standards. The serial number of the
device must be kept on record for three years. An IID removed from service for
no longer meeting the certification standards may be placed back in service
only if it is repaired to meet the standards and all repairs are documented.
These records must be kept for three years.
(4) At the time of removal, the certificate
holder must:
(a) remove the IID at the
direction of the referring agencies at the end of the probationary
period;
(b) remove the IID if the
Motor Vehicle Division notifies the holder that the device is no longer
certified. The holder must ensure the immediate replacement with a certified
IID;
(c) remove the IID, if the
account becomes sixty days past due for nonpayment of fees;
(d) remove the IID, upon written
authorization from the Motor Vehicle Division;
(e) return the vehicle in normal operating
condition after removal;
(f) notify
the referring agency and the Motor Vehicle Division of the removal of the IID
within 24 hours of the removal; and
(g) provide any final report requested by the
referring agency or the Motor Vehicle Division to the requestor once the IID
has been removed from a restricted driver's vehicle(s).
(5) If the restricted driver does not appear
for a removal appointment and makes no attempt to appear to remove the IID, the
replacement cost of the IID may be added to the lessee's account.
(6) The certificate holder must:
(a) ensure all downloaded data is
reviewed;
(b) determine a
restricted driver's compliance with the referring agency's
requirements;
(c) retain all
information obtained as a result of each calibration or inspection. Information
must be retained by the manufacturer, vendor, or service center for three years
from the date the IID is removed from the vehicle;
(d) not authorize or assist with the
disconnection of an IID, or enable the use of any "emergency bypass" mechanism
or any other "bypass" procedure that allows a person restricted to use the
vehicle equipped with a functioning IID, to start or operate a vehicle without
providing all required breath samples. Doing so may subject the person to
criminal prosecution and may cause the revocation of a certification; and (e)
report all known IID circumventions or tampering to the Motor Vehicle Division
in a Motor Vehicle Division-approved electronic format within ten days of
determining that an IID was circumvented or tampered with and if requested,
must report to the referring agency in a similar time line.
(7) The certificate holder may permit:
(a) the use of remote codes for vehicle
repair by a mechanic other than the restricted driver; and
(b) the use of remote codes to override a
vehicle lockout mode to facilitate the servicing of a
device.
(8) The
manufacturer or vendor must notify the referring agency of any violation resets
within ten days of the vehicle being serviced following a violation reset in a
format acceptable to the referring agency.
(9) The manufacturer or vendor must notify
the referring agency of any device being placed in lockout mode preventing the
vehicle from being started within ten days of the vehicle being serviced
following a violation reset in a format acceptable to the referring
agency.
(10) In addition to any
other information required by the Motor Vehicle Division or by a referring
agency, all reports to the Motor Vehicle Division and the referring agency must
include:
(a) the full name, address, and
driver's license number of the restricted driver;
(b) the full name and address of the lessee
and registered owner of the vehicle the device is installed in;
(c) the vehicle license registration number
of the single vehicle in which the IID was installed;
(d) the unique serial number of the IID;
and
(e) the toll free telephone
number, and certification number of the manufacturer or vendor who prepared the
report for the IID.
(11)
Under no circumstances will a manufacturer, service center, or ignition
interlock technician knowingly permit a restricted driver to drive a vehicle
not equipped with a functioning IID.
(12) The sale or use of any type of remote
code allowing a restricted driver to bypass a lockout condition or any user to
not provide a breath sample on vehicle start up is prohibited.
(13) Upon request, the manufacturer or vendor
must provide additional reports in a format acceptable to and at no cost to the
Motor Vehicle Division and the referring agency.
(14) Retention of the record of installation,
calibrations, downloads, service and associated invoices must be maintained by
the certificate holder for a minimum of three years.
Notes
AUTH: 61-8-1025, MCA; IMP: 61-8-1025, MCA
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