Subject 375-3-6 IGNITION INTERLOCK DEVICES
The Ignition Interlock Device Program shall be administered
by the Director of the Regulatory Compliance Division of the Department of
Driver Services, and such additional staff as the Commissioner deems necessary
for the efficient operation of the program.
| (1) |
The Regulatory Compliance Division shall
administer the Ignition Interlock Device program as specified in Title 42,
Chapter 8, Article 7 of the Official Code of Georgia Annotated; develop the
certification of Ignition Interlock Devices and service providers; and initiate
the administrative procedures as specified in O.C.G.A. Title 42, Chapter
8. |
| (2) |
The Regulatory Compliance
Division shall develop all documents and procedural guidelines necessary to
implement, complete and manage the ignition interlock program. |
The following words, whenever used, shall have the same
meaning as defined below when used in this chapter:
| (a) |
"Cancellation" - the termination of a
provider center's certification because of some error or defect in the
certification or because the provider center is no longer entitled to such
certification. This formal action is taken by the Department and is without
prejudice. The applicant may apply for certification at any time after the
cancellation, once the defect is cured. |
| (b) |
"Circumvention and Tampering" - an overt,
conscious attempt to bypass the device by:
| 1. |
Providing samples other than the natural unaltered breath of the
user; |
| 2. |
Failing to provide the
required breath sample when requested by a random moving retest; |
| 3. |
Starting the vehicle without using the
ignition switch, or any other act intended to start the vehicle without first
taking and passing a breath test; |
| 4. |
Physically tampering with the device to
disable or otherwise disconnect the device from its power source. |
|
| (c) |
"Certification" - the formal
acceptance by the Department of a provider center or device. |
| (d) |
"Department" - the Department of Driver
Services. |
| (e) |
"Ignition Interlock
Device" or "Device" - an instrument that provides a constant monitoring system
designed to prevent a driver from operating a motor vehicle with a blood
alcohol concentration of more than 0.02 grams percent. |
| (f) |
"Provider Center" - a facility
established for the purpose of providing, installing and maintaining an
ignition interlock device. |
| (g) |
"Revocation of certification" - the termination by formal action by the
Department of a provider center's certification to install, operate or
distribute devices in this State. |
| (h) |
"Suspension of certification" - the
temporary withdrawal by formal action by the Department of a provider center's
certification, which temporary withdrawal shall be for a period specifically
designated by the Department. |
| (i) |
"User" - any person who, by operation of law or court order, may operate a
motor vehicle only if that vehicle is equipped with an ignition interlock
device and has had such a device installed in that vehicle. |
| (1) |
To be certified by the Department, a
provider center must:
| (b) |
Maintain a provider service center which
is easily accessible and open during normal business hours; |
| (c) |
Lease or purchase any ignition interlock
device certified by the Department; |
| (d) |
Install when required by the Department
or court an ignition interlock device that has been certified by the
Department; |
| (e) |
Repair or replace
at its own expense any device that is found to be malfunctioning; however, any
expense incurred by a provider center because of any user mistreatment shall be
the responsibility of the user; |
| (f) |
Provide to the user proof of installation of the device, utilizing a form
prescribed by the Department; |
| (g) |
Require proof that the Department or the court has authorized de-installation
of the device before removing the device from a vehicle; |
| (h) |
Provide to the Department or the
sentencing court, upon request, all information or documentation regarding the
purchasing, installation, maintenance, suspected or known acts of tampering or
circumventing the device, or removal of a required ignition interlock device
from a user's vehicle; |
| (i) |
Charge
reasonable fees for installation, removal and monitoring of the device as
follows:
| 1. |
Such fees shall not exceed:
| (i) |
$75.00 for each installation,
de-installation, or secured deposit of a device, and |
| (ii) |
$75.00 for each inspection and
recalibration of an installed device every 30 days; |
|
| 2. |
At the time of device installation, a
provider center may charge an installation fee and may collect a security
deposit. No installation or monitoring fee shall be charged to the user prior
to providing to the user such service. |
|
| (j) |
Inspect and recalibrate each installed
device every thirty (30) days as measured from the installation date to ensure
proper operation; |
| (k) |
Place a
warning label on each device as specified below:
Warning Any user who knowingly or through negligence allows
the act of tampering or circumventing the use of this device shall be guilty of
a misdemeanor and may be subject to all civil liabilities attached to this act.
A misdemeanor is punishable by a fine of not more than one-thousand (1,000)
dollars and/or up to twelve (12) months of imprisonment, or both.
|
| (l) |
Provide the user with oral and
written instructions as to the proper use of the device which will include the
administrative requirements that must be met by the user to ensure the proper
operation of the device; |
| (m) |
Report
any device that exhibits signs of circumvention or tampering to the court
ordering use of the device. This report shall be in writing and directed to the
proper authority that required the installation of the device within five (5)
days from the date of discovery. |
|
| (2) |
The Department may deny, cancel, suspend
or revoke a provider center's certification if the provider center:
| (a) |
Voluntarily requests such action be
taken; |
| (b) |
Provides false or
inaccurate information to the Department or court relating to the installation
of a device; |
| (c) |
Assists in or
provides information that will enable the user to circumvent or tamper with a
device; |
| (d) |
Violates the provisions
contained in the rules and regulations of this Department. |
|
| (1) |
To be certified by the Department, an
interlock device must meet the following general and technical requirements:
| (a) |
General Requirements.
| 1. |
The device shall be manufactured by a
party who will provide liability insurance; |
| 2. |
The device shall be backed by a company
that can provide a focal point of responsibility for the maintenance and
service of such device. |
|
| (b) |
Technical requirements.
| 1. |
The Department, as a condition of
certification, shall require proof that the device meets or exceeds model
federal standards for alcohol ignition interlock devices as approved by the
National Highway Traffic Safety Administration and published in Volume 57,
Number 67 of the Federal Register on April 7, 1992 (57 Fed. Reg. 11,772
(1992)). |
| 2. |
The commissioner of the
Department may utilize information from an independent agency to certify
ignition interlock devices on or off the premises of the manufacturer in
accordance with rules and regulations promulgated pursuant to this article. The
cost of certification shall be borne by the manufacturers of the ignition
interlock device. |
|
|
| (2) |
The Department shall maintain a list of
manufacturers and the brand name of the devices that have been certified. This
list shall be made available to all certified provider centers. |
| (3) |
The Department may cancel, suspend or
revoke certification of a device, and remove it from the list of certified
devices for the following reasons:
| (a) |
Defects
in design, materials or workmanship causing repeated failures of a
device; |
| (b) |
Termination or
cancellation of a manufacturer's liability insurance; |
| (c) |
When device is discontinued by
manufacturer; |
| (d) |
Voluntary request
by a manufacturer to cancel certification of a device; |
| (e) |
When materially false or inaccurate
information is provided relating to a device's performance standards; |
| (f) |
Assisting certified provider centers or
users in circumventing or tampering with a device; |
| (g) |
Violations of the provisions contained in
the rules and regulations of the Department. |
|
| (1) |
Indemnification. A vendor and manufacturer shall indemnify and hold harmless
the State of Georgia, the Department and its officers, employees and agents
from all claims, demands, actions and costs whatsoever that may arise, directly
or indirectly, out of any act or omission by the manufacturer. |
| (2) |
A manufacturer shall carry product
liability insurance with minimum liability limits of one million (1,000,000)
dollars per occurrence, with three million (3,000,000) dollars aggregate total.
The liability insurance shall include coverage for defects in product design
and materials as well as in the 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. The manufacturer must provide
documentation of the insurer's authorization to transact business in the State
of Georgia. |
| (3) |
Modifications. A
manufacturer shall notify the Department in writing of any material
modifications or alteration in the components, design or installation and
operating instructions of any device approved for use in this State. This
notification shall also include satisfactory proof that these modifications or
alterations do not adversely affect the ability of the device to satisfy the
requirements of Section
375-3-6-.05. |
| (4) |
Upon request, the manufacturer shall make
available to the city or county government or provider center a qualified
service representative to demonstrate the product and provide the
specifications and operational characteristics of the device. |
| (5) |
The manufacturer shall make available,
whether leased or purchased to a certified provider, a device that has met all
the requirements specified by the Department for certification. In no event
shall a device be substituted, delivered, or offered to a provider that does
not meet these requirements. |
| (6) |
The manufacturer shall instruct each provider center in the proper
installation, calibration, maintenance and reading of the data stored in the
device; to include, the recognition of techniques used in circumventing or
tampering with the device and all other techniques, conditions or procedures
necessary for the installation, maintenance, evaluation and
operation. |
| (7) |
The manufacturer
shall provide to the lessor or buyer of a device a manufacturer's warranty of
at least one (1) year which will cover all maintenance and service required
under normal use. If a device is no longer covered by a warranty and must be
restored to an operational status, the manufacturer may charge a fee that is
reasonable. The warranty or service work must be performed and returned to the
provider center expeditiously. |
The Department may deny, suspend, cancel or revoke the
certification of any provider center or device for any violation of the law,
rules or regulations relating to the Ignition Interlock Program:
| (a) |
The affected provider center shall not
operate in any capacity while under any cancellation, suspension or
revocation; |
| (b) |
The cancellation,
suspension or revocation becomes effective on the date indicated by the
Department's order; |
| (c) |
After
cancellation, suspension, revocation or voluntary surrender of an approval, a
provider center shall remain responsible for the removal of all devices from
customer's vehicles. A provider center shall be responsible for any costs
connected with the removal of its devices from the customer's vehicle and the
installation of a new device from the Department's list of approved
devices. |
| (d) |
The provider center
may request a hearing as prescribed in the Official Notice of Cancellation,
Suspension or Revocation Order received from the Department. |
A provider center may request a Departmental hearing to
contest a denial, suspension or revocation of its certification. This hearing
shall be held pursuant to the Administrative Procedures Act under Title 50,
Chapter 13 of the Official Code of Georgia Annotated.
| 1. |
If at the time of application the
applicant is charged with any offense that a conviction for which would result
in said applicant's ineligibility for certification, consideration of the
application shall be suspended until entry of a plea or verdict or dismissal of
said charge. |
| 2. |
If after the
issuance of a permit a person is charged any offense that a conviction for
which would result in said applicant's ineligibility for certification, the
permit may be suspended pending disposition of such charge. If the person is
convicted of such charge, the permit shall be revoked. |
