315 ISA PROGRAM—INTELLIGENT SPEED ASSISTANCE SYSTEM PROVIDERS

315.1 (a) All intelligent speed assistance system providers must be certified by the Department in accordance with the requirements of this section.(b) The Department shall enter into an agreement with a provider that incorporates by reference this section and includes any other requirements deemed appropriate by the Department in order to carry out the purposes of the Intelligent Speed Assistance Program (“ISA Program”).315.2 Providers shall be responsible for device installation, user training, and device service and maintenance.315.3 An application for certification shall include:- (a) The name and address of the provider;

- (b) The name and model number of each type of device to be used by the provider;

- (c) A detailed description of each device, including instructions for its installation and operation;

- (d) Technical specifications describing each device’s accuracy, security, data collection and recording, tamper detection, and environmental features;

- (e) A certified copy of the drawings, schematics, and wiring protocols for each device and its components, to be treated by the Department as confidential commercial information not subject to public disclosure;

- (f) A description of the provider’s present or planned provisions for distribution of the device in the District, including all locations where the device may be purchased, installed, serviced, repaired, calibrated, inspected, and monitored;

- (g) A certificate from an insurance company licensed in the District evidencing that the provider holds product liability insurance with minimum liability limits of one million dollars (\$1,000,000) per occurrence, with three million dollars (\$3,000,000) aggregate total. The liability covered shall include defects in product design and materials, including but not limited to manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that thirty (30) days’ notice will be given to the

Department before cancellation of the insurance; and

(h) A statement that the provider is entirely responsible for product liability and shall defend and indemnify the District and the testing laboratory that has verified that the device meets the Department's standards and requirements.

315.4 A provider shall certify that the devices for which certification is sought:

1. (a) Do not impede the safe operation of the vehicle;
2. (b) Minimize opportunities to bypass the devices;
3. (c) Work accurately and reliably in an unsupervised environment;
4. (d) Resist tampering and provide evidence of attempted tampering;
5. (e) Are difficult to circumvent and require premeditation to circumvent;
6. (f) Are manufactured by a party responsible for installation, user training, service, and maintenance;
7. (g) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
8. (h) Are manufactured by a party adequately insured for product liability;
9. (i) Provide the option for an electronic log of the driver's experience with the device; and
10. (j) Meet the requirements set forth in the specifications for the devices.

315.5 Each device, to be eligible for certification, shall have the following features:

1. (a) A global positioning system (GPS) or other technology that determines the roadway on which the vehicle is traveling;
2. (b) Technology that determines the posted speed of the roadway on which the vehicle is traveling;
3. (c) A digital display, mounted on or

near the vehicle dashboard, that shows the current speed at which the vehicle is traveling, as well as the speed limit of the roadway being traveled;

(d) A mechanism that prevents the vehicle from traveling at a speed of more than five miles per hour (5 mph) over the posted speed limit and that disengages the accelerator of the vehicle if the vehicle exceeds the posted speed limit by more than five (5) miles per hour over the posted speed limit;

(e) A capability for the operator to override the speed-limiting mechanism in emergency situations. The emergency override feature of the system shall be configured to allow the vehicle to exceed the speed limit by a maximum of fifteen (15) miles per hour over the posted speed limit for a total of twenty (20) seconds;

(f) A mechanism to alert the provider to the use of the override feature, and to transmit to the provider the date, time, and location of the override;

(g) A mechanism to continuously collect, record, and store the following information, including the applicable date and time:

(1) The location and operational speed of the vehicle; and

(2) Use of the emergency override mechanism;

(h) The following electronic anti-tampering securities:

(1) A tamper detection mechanism that operates when the device is disconnected from the vehicle's power supply or that records when the device was disconnected. Devices that lose their memory of tamper events when disconnected from a power source shall have an indicator or interrupt device;

(2) A mechanism to continuously record the time and date of any attempt to tamper with the device; and

(3) An indicator or interrupt device that activates when a device detects a condition that would be considered tampering;

(i) The capability of having data downloaded at a fixed facility or over an encrypted cellular data transmission; and

(j) A self-diagnostic feature that verifies that the device is working properly.

315.6 All costs of obtaining certification of an intelligent speed device shall be borne by the provider.

315.7 A provider shall ensure that proper installation procedures are adhered to when installing a device, including the following:

(a) Each provider shall develop and follow detailed and written instructions for installation of its device in accordance with the guidelines adopted by the Department;

(b) Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;

(c) Neither the ISA Program participant nor the participant's representative may be allowed to witness the installation of the device;

(d) The installer shall screen the vehicle for acceptable mechanical and electrical conditions, in accordance with the provider's instructions;

(e) Conditions that would interfere with the functioning of the device (for example, low battery or alternator voltage, etc.) shall be corrected to an acceptable level;

(f) Installations shall be made in a professional manner in accordance with accepted trade standards and according to the instructions provided by the manufacturer;

(g) After a device is installed, the vehicle shall be checked to see that the installation was performed properly and that it does not interfere with the normal operation of the vehicle;

(h) Each installation shall include the following physical anti-tamper securities:

(1) A unique and easily identifiable wire covering or sheathing over all wires and/or OBD port used for installation;

(2) Connections to the vehicle that are under the dash or in an inconspicuous area of the vehicle; and

(3) Depending on the level of electronic anti-tampering security of a device, additional physical anti-tamper measures, such as the use of a special mark, seal, paint, epoxy, resin, or other material to mark points likely to be accessed when attempting to bypass or tamper with the device (for example, battery post terminals, wire to started solenoid, wire to ignition, dash screws); and

(i) At the time of device installation, a self-diagnostic test shall be performed to ensure that the device is working properly.

315.8 After installation of a device, the provider shall provide to the participant an installation certificate that includes:

(a) The date of installation;

(b) The name of the restricted driver;

(c) The driver's license number of the restricted driver;

(d) The date of birth of the restricted driver;

(e) The year, make, and model of the vehicle the device was installed in;

(f) The license plate number of the vehicle the device was installed in; and

(g) The name or identifier of the individual that installed the device.

315.9 The Department or its designees shall have the right to inspect installation and servicing of the devices.

315.10 The provider shall provide the customer with the following:

(a) Written instructions on how the device is used;

(b) Written instructions on what type of vehicle malfunctions or repairs may affect the device and what to do when such repairs are necessary; and

(c) Written and hands-on training on how to use the device. This training shall also be provided to all persons authorized to use the vehicle.

315.11 In the event of a customer complaint, the provider shall correct any errors in operation or misuse with additional instructions or exchange the device with another in the event of a component failure, within forty-eight (48) hours of notification of the complaint.

315.12 The provider shall provide an emergency twenty-four (24)-hour phone number that a driver may use to receive assistance in the operation of the device, including repairs to malfunctioning devices. Assistance may include technical information, tow service, or road service. Emergency assistance related to the failure or malfunctioning of a device shall be provided within twenty-four (24) hours for vehicles located in or near an area with an installation repair facility, and the device shall be made functional within forty-eight (48) hours from when the call for assistance is made.

315.13 Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be installed.

315.14 The provider shall conduct tamper inspections any time that the device is inspected, maintained, or repaired by the provider. Tamper inspections shall include the following:

(a) Inspecting all external wiring insulation, connection, and sheathing for the device and where the device connects to the vehicle;

(b) Recording or documenting any electronic indications of tampering;

1. (c) Inspecting all tamper seals for breaks, tears, or other evidence of tampering;
2. (d) Documenting and photographing any evidence of tampering; and
3. (e) Checking the device for proper operation to ensure tamper detection capabilities are functioning properly.315.15 (a) Providers shall ensure the following with respect to personnel who install, calibrate, perform tamper inspections, or perform reporting duties:- (1) Personnel shall have the training and skills necessary to install, troubleshoot, and check for proper operation of the device, and to screen the vehicle for acceptable conditions;
4. (2) Personnel may not have been convicted of a crime substantially related to the qualifications, functions, and duties related to the installation and inspection of the devices. Such a crime may include, but is not limited to, the following:
5. (A) Conviction for perjury; or
6. (B) License suspension or revocation for a violation of motor vehicle safety laws.
7. (b) Persons who can show acceptable evidence of rehabilitation may be considered for the positions in paragraph (a) of this subsection.315.16 Facilities, which may include mobile or satellite units, where intelligent speed assist devices are installed, serviced, monitored, or removed, shall:- (a) Be in an area where participants and their representative are not allowed to watch the installation, calibration, or removal of a device;
8. (b) Be open during normal business hours with after-hours service capability;
9. (c) Be established to service the geographical location and volume of individuals who qualify for and are admitted into the ISA program; and
10. (d) Have and use the required tools, test equipment, and manuals needed to screen vehicles for acceptable mechanical and electrical conditions to install ISA devices.315.17 Providers shall maintain electronic records of any installation, service, or removal

of any intelligent speed assist devices for a minimum of five (5) years after the device has been removed. The records shall be subject to inspection by the Department or its designees upon written notice of inspection, which shall be provided at least five (5) days before the inspection.

315.18 The provider shall provide the following reports to the Department, in a format designated by the Department:

1. (a) Any attempt to circumvent or tamper with a device, which shall be reported to the Department within forty-eight (48) of the provider becoming aware of the attempt;
2. (b) Any removal of a device not authorized by the Department, which shall be reported to the Department within twenty-four (24) hours of the provider becoming aware of the removal;
3. (c) Any use of the override feature, which shall be reported to the Department every thirty (30) days; and
4. (d) Driving activity of each vehicle in which a device is installed, which shall be reported to the Department every thirty (30) days.

315.19 The provider shall submit to the Department:

1. (a) Annually, a certified statement that the manufacturing of the model or type of device originally certified has not been modified or altered in any way that requires laboratory retesting;
2. (b) Annually, a summary of all complaints received, and corrective actions taken by the provider, for each model or type of certified speed assist device;
3. (c) Every six (6) months, a report that the devices maintained in inventory were checked for proper use and accuracy, detailing any necessary adjustments;
4. (d) A report on any device denied certification in another state, whether the denial of certification occurs before or after certification by the Department; and
5. (e) Any other available information upon request.

315.20 (a) When notified in writing by the Department, the provider shall remove the

device and return the vehicle to normal operating condition. All severed wires shall be permanently reconnected and insulated with heat shrink tubing or its equivalent.

(b) The provider shall thereafter provide a removal certificate to the participant that includes:

(1) The date the device was removed;

(2) The number of days the device was installed;

(3) The number of miles driven during the time the device was installed on the vehicle; and

(4) The name or identifier of the individual that removed the device.

315.21 The Department may revoke approval of a device, and remove it from the list of approved devices, upon any of the following grounds:

(a) Evidence of repeated failures due to defects in design, materials, or workmanship during manufacture;

(b) Termination of the provider's liability insurance;

(c) Notification that the provider is no longer in business;

(d) Voluntary request of provider;

(e) A reasonable belief that the device was inaccurately represented to meet the performance standards established by this section; or

(f) A denial or revocation of certification for the device model in another state.

315.22 The effective date of revocation shall be fifteen (15) days after notification is sent to the provider via first class mail, except in cases where the Department determines immediate revocation is necessary for the safety and welfare of the public.

315.23 Within fifteen (15) days of revocation, a provider may request, in writing, review of revocation.

315.24 Upon revocation or voluntary surrender of an approval, a provider shall be responsible for removal of all such devices from participants' vehicles, any costs connected with the removal of its revoked devices from participants' vehicles, the

installation of new devices from the Department’s list of approved devices, and any costs connected with the installation of the new devices.

SOURCE: Final Rulemaking published at 73 DCR 006895 (May 1, 2026).