PURPOSE: This rule outlines the responsibilities of breath alcohol ignition interlock device authorized service providers.

Editor’s Note: The following material is incorporated into this rule by reference: 1) 57 Federal Register 67, pp. 11772–11787, April 7, 1992 (Washington, D.C.: U.S. Government Printing Office, 1992). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) Responsibilities of Authorized Service Providers.

   1. (A) The responsibilities of a breath alcohol ignition interlock device authorized service provider to the state of Missouri shall include:

      1. 1. The authorized service provider shall

carry product liability insurance with minimum liability limits of one (1) million dollars per occurrence and three (3) million dollars aggregate total. The liability insurance shall include coverage for defects in product design and materials as well as 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 director, Division of Highway Safety, before cancellation of the insurance. Proof of insurance must be submitted to the Missouri Division of Highway Safety within thirty (30) days after a Letter of Certification has been issued;

1. 2. The authorized service provider shall

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 authorized service provider relating to the installation, service, repair, use or removal of a device;

1. 3. The authorized service provider shall

provide expert or other required testimony in any civil or criminal proceedings or administrative hearings as to the method of manufacture of the device, how said device functions, and the testing protocol by which the device was evaluated for approval. Failure to provide testimony may result in suspension or revocation of approval for the device;

1. 4. The authorized service provider shall

notify the Missouri Division of Highway Safety in writing of any material modification or alteration in the components, design or installation and operating instructions of any device approved for use in the state of Missouri; and shall provide the Missouri Division of Highway Safety satisfactory proof that any modifications or alterations do not adversely affect the ability of the device to satisfy the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition 7 CSR 60-2

Interlock Devices” 57 FR 67, pp. 11772–11787, April 7, 1992, as stated herein;

1. 5. The authorized service provider must

provide informational materials to the State Board of Probation and Parole and the circuit courts (including circuit, associate and municipal divisions) for distribution to operators at no cost;

1. 6. In cases of operator noncompliance,

the authorized service provider or his/her installer must notify the appropriate court ordered supervising authority before the end of the next working day. Noncompliance shall include tampering, violations resets, high breath alcohol concentration (BAC), missing a scheduled service date, or other noncompliance as determined by the referring court;

1. 7. The authorized service provider shall

notify the appropriate court ordered supervising authority by the end of the next working day of removal of a device;

1. 8. The authorized service provider shall

conduct physical tamper inspections any time the device is serviced or given routine inspection, maintenance, or repair. Tamper inspections shall include the following:

1. A. Inspection of all external wiring,

insulation, connections, tamper seals, and sheathing for the device and where the device connects to the vehicle; and

1. B. Checking the device for proper

operation to insure tamper detection capabilities;

1. 9. The authorized service provider must

notify the chief law enforcement official of the county, or a city not within a county, where the installer is located and the court ordered supervising authority of any evidence of tampering with or circumvention of the device. The evidence must be preserved by the authorized service provider or his/her installer until otherwise notified by local law enforcement officials;

1. 10. The authorized service provider

must provide summary reports every thirty (30) days to the court ordered supervising authority. The summary reports must contain a summary of violations, the number of starts and all noncompliance on devices placed in service in the state of Missouri under sections 577.600–577.614, RSMo;

1. 11. The authorized service provider

must provide to the court ordered supervising authority additional reports, to include, but not be limited to, records of installation, calibrations, maintenance checks and usage records on devices placed in service in the state of Missouri under sections 577.600–577.614, RSMo. These records shall be agreed upon and transmitted using electronic transfer protocols or in hard copy;

1. 12. The authorized service provider

must provide a quarterly status report to the Missouri Division of Highway Safety. The first quarter shall be January 1, 1996 through March 31, 1996. The quarterly reports should reach the Missouri Division of Highway Safety on or before the fifteenth of the month immediately following the end of the quarter. The reports shall contain the following information:

1. A. The name, birth date, case num-

ber, and driver’s license number of every operator who has a device installed or removed from a vehicle;

1. B. The total number of devices

installed, the total number of devices that malfunctioned or were defective and required a service call, repair or replacement and a listing of the devices’ respective serial numbers and problems found;

1. C. The total number of service calls

that resulted in a charge to an operator, and their individual names, birth dates, case numbers and driver’s license number, the amount of each charge, and the stated purpose of the charge; and

1. D. Any other nonstandard charges

made to any operator, listing the operator contact information, the reason for the charge and the amount;

1. 13. The authorized service provider

shall grant the state of Missouri the right to inspect or request copies of any and all operator files and records on a random basis;

1. 14. The authorized service provider

shall supply for each ignition interlock device installed as a result of a Missouri probation order, a warning label which shall not be less than one-half inch (1/2") in height by three inches (3") in length and shall contain the following language: “WARNING! ANY PER- SON TAMPERING, CIRCUMVENTING OR OTHERWISE MISUSING THIS DEVICE IS GUILTY OF A CLASS A MIS- DEMEANOR.”; and

1. 15. The authorized service provider

must notify the Division of Highway Safety in writing of changes in the status of any installer and additions or deletions to the list of approved devices.

1. (B) The responsibilities of a breath

alcohol ignition interlock device authorized service provider to the operator shall include:

1. 1. Written instructions on how to clean

and care for the device;

1. 2. Written instructions on what type of

vehicle malfunctions or repairs may affect the device, and what to do when such repairs are necessary;

1. 3. Written and hands-on training for the

operator, and all persons who will use the vehicle, on how to use the device after it is installed in the operator’s vehicle. Training shall include operation, maintenance, and safeguards against improper operations;

1. 4. An emergency twenty-four (24)-hour

toll-free telephone number that s/he may contact to receive assistance in the event of device failure or vehicle problems related to the interlock device.

1. A. Assistance shall include technical

information, tow service, and/or road service.

1. B. Emergency assistance related to the

failure of a device should be provided within two (2) hours for vehicles located in or near an area with an installation or repair center.

1. C. The device must be made func-

tional within twenty-four (24) hours from when the call for assistance is made or the device must be replaced;

1. 5. Restoration of the operator’s vehicle

to its original condition after deinstallation; and

1. 6. Access to an enclosed building with

a separate waiting area for operators. If installation is by a mobile unit, the operator must have a separate, enclosed waiting area available.

1. (C) The responsibilities of a breath alcohol ignition interlock device authorized service provider to the installer shall include:

   1. 1. Authorized service providers shall

insure that installers follow certified standards and specifications for service; and

1. 2. Authorized service providers shall

insure that installers have the appropriate skills, equipment, and facilities necessary to comply with all of the certification and operational requirements outlined herein.

AUTHORITY: sections 577.600–577.614 and section 650.005, RSMo Supp. 1995.* This rule originally filed as 11 CSR 60-2.040. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.040, effective Aug. 28, 2003.

*Original authority: 577.600–577.614, RSMo 1995 and 650.005, RSMo 1973, amended 1985, 1989, 1993, 1995.