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Subject 375-3-6 IGNITION INTERLOCK DEVICES

Rule 375-3-6-.01 Organization

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.

Rule 375-3-6-.02 Duties and Responsibilities

(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.

Rule 375-3-6-.03 Definitions

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.

Rule 375-3-6-.04 Provider Center Certification

(1) To be certified by the Department, a provider center must:
(a) Reserved;
(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.

Rule 375-3-6-.05 Device Certification

(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.

Rule 375-3-6-.06 Responsibilities of the Manufacturer of the Ignition Interlock Device

(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.

Rule 375-3-6-.07 Denial and Withdrawal of Authority

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.

Rule 375-3-6-.08 Hearing Procedures

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.

Rule 375-3-6-.09 Pending Charges Against Provider Center Applicants

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.