Or. Admin. Code § 257-100-0060 - Reporting Requirements of Manufacturers, Manufacturer's Representatives, and Service Centers
(1)
Manufacturer's representatives or service centers must ask if the individual
customer if they are currently subject to a qualifying court approved Driving
Under the Influence of Intoxicants Diversion Agreement or if the individual
customer was convicted of Driving Under the Influence of Intoxicants. The
individual customer must update the service center or manufacturer's
representative if the individual's diversion or conviction status was
incorrectly stated or has changed. Manufacturer's representatives must report
any negative report, tampering, device lockout, install, removal, or test
violations downloaded by the manufacturer's representative under ORS Chapter
813.630 and 813.635.
(a) Manufacturer or
manufacturer's representative must conduct a thorough review of all reports
generated under ORS 813.630, 813.635, and 813.645 prior to issuance.
(b) Manufacturer or manufacturer's
representative must notify OSP within three business days if an individual
customer's device settings change from the Oregon performance standards and
settings outlined in OAR Chapter 257, Division 100.
(2) OSP recognizes and considers
manufacturer's representatives to be subject matter experts in the operation of
their own device. Manufacturer's representatives may use discretion, within the
guidelines of OSP Form 257-0012 to determine the validity of the violations.
(3) Only one customer may be
designated to a device. Multiple drivers subjected to requirements under ORS
813.602 order or agreements, shall not share a single device or user account.
(4) Prior to installation of a
device a manufacturer's representative or service center must verify, by
government issued photo identification, that the customer's full name and date
of birth matches any ignition interlock related paperwork used to establish an
account and obtain device installation.
(5) At the time of device installation,
manufacturer's representatives or service centers must obtain a clear,
unobstructed, photograph of only the required driver in the driver's seat using
the camera installed with the device. The photograph shall be used as the
reference photograph in the individual's weblogs.
(6) For an individual customer subject to a
diversion agreement, the manufacturer's representative must notify:
(a) The District Attorney or City Prosecutor,
court or the court's designee, when there is any negative report, lockout,
tampering, or any installation and removal of a device;
(b) OSP when there is any negative report,
lockout, tampering, or any installation and removal of a device;
(c) The individual customer when there is a
6-month "no negative certificate", or a 90-day "no negative
certificate."
(d) OSP when there is
a 6-month "no negative certificate", or a 90-day "no negative
certificate."
(7) For an
individual convicted of the offense Driving Under the Influence of Intoxicants,
the manufacturer, manufacturer's representative, or service center shall
notify:
(a) OSP when there is any negative
report, lockout, tampering, or any installation and removal of a device;
(b) The individual customer when
there is a 90 day "no negative certificate."
(c) DMV when there is tampering, or any
installation and removal of a device.
(d) OSP when there is a 90-day "no negative
certificate."
(8) Upon
eligibility of a 6-month "no negative certificate", or a 90-day "no negative
certificate", the manufacturer or manufacturer's representative shall provide
the applicable "no negative certificate" to the individual customer within
seven business days of the request from the individual customer.
(9) If a device is not re-activated within
120 calendar days of a lockout, the device will be considered as removed and
the manufacturer or manufacturer's representative shall report the removal as
described in subsections (6) and (7).
(10) The manufacturer or manufacturer's
representative must provide OSP with access to each individual customer's
weblog. All data uploaded to the manufacturer or manufacturer's
representative's server or network must be accessible to OSP within 48 hours of
the device download. The manufacturer or manufacturer's representative must
keep accurate record data of the client and the results of each event. When
requested by OSP, the manufacturer's representative must provide, at no cost to
OSP, an individual customer's weblog in a format acceptable to OSP.
(11) Manufacturer's representatives must
report the following to OSP no later than the 7th day of each calendar month:
(a) The total number of newly installed
interlock devices (TIN) for the previous calendar month for individuals
required to have an interlock installed pursuant to ORS 813.602. The TIN
reporting must include each individual customer's name, date of birth and
Oregon license/identification number.
(b) The total number of installed interlock
devices (AIN) for individuals required to have an interlock installed pursuant
to ORS 813.602. The AIN reporting must include each individual customer's name,
date of birth and Oregon license/identification number, where
available.
(c) A list of all
individual customers who had an interlock device removed during the previous
calendar month. This list must include each individual customer's name, date of
birth and Oregon license/identification number and be in a format acceptable to
OSP.
(A) The AIN and TIN shall not include
interlock devices installed on a voluntary basis; or
(B) Individual customers not subject to a
Driving Under the Influence of Intoxicants Diversion Agreement or conviction of
Driving Under the Influence of Intoxicants under ORS 813.602; or
(C) When the Individual did not possess an
operational device for at least one calendar day of the month.
(12) If the
manufacturer's representative's web browser provides TIN, AIN and removal
information viewable by OSP, reporting by the manufacturer's representative
outlined in section 10 of this rule is not required.
(a) TIN, AIN, and removal information on the
manufacturer's representative's web browser must include a list of all
individual customers with a device installation, removal or active account for
the calendar month; and
(b) Be in a
format which allows search and filter by date; and
(c) Shall not include interlocks installed on
a voluntary basis; or
(d)
Individual customers not subject to a Driving Under the Influence of
Intoxicants Diversion Agreement or conviction of Driving Under the Influence of
Intoxicants under ORS 813.602; or
(e) When the Individual did not possess an
operational device for at least one calendar day of the month.
(13) Upon request by OSP, the
manufacturer's representative must provide, at no cost, additional reports in a
format acceptable to OSP.
Notes
Statutory/Other Authority: ORS 813.600, ORS 813.660, ORS 813.630 & ORS 813.635
Statutes/Other Implemented: ORS 813.599 - 813.680
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