Ariz. Admin. Code § 17-5-609

Current through Register Vol. 30, No. 50, December 13, 2024

Section R17-5-609 - IISP and Manufacturer Responsibilities

A. An IISP shall refer a person only to the IISP's certified technician.

B. An IISP shall provide the Department and each person with a toll-free telephone number to call to obtain the names and phone numbers of the IISP's certified technicians, the IISP service center locations, and hours of operation for the IISP service centers.

C. An IISP shall certify each technician by providing adequate training and oversight for the technician to perform one of the activities at a service center, which are installation, inspection, calibration, service, or removal of a CIID.

D. An IISP shall provide to every person operating a motor vehicle equipped with a CIID, and any other persons who will operate the motor vehicle, training on how to operate the motor vehicle. An IISP shall instruct the person on all of the following:

1. How to use the system;

2. How to obtain service for the CIID;

3. How to find answers to any additional questions;

4. How the alcohol retest feature works;

5. How drinking alcohol before a test may result in a reading of sensitive or fail;

6. How the CIID shall not be removed, except by an IISP or IISP-certified technician;

7. How noncompliance with a regularly scheduled calibration check for a person with a limited or restricted driving privilege shall result in suspension of the person's driving privilege under A.R.S. § 28-1463 until proof of compliance is submitted to the Department under A.R.S. § 28-1461, and the duration of the person's certified ignition interlock device requirement shall be extended under A.R.S. § 28-1461;

8. What the penalties are for circumvention of the CIID;

9. What the penalties are for tampering with, or misusing the CIID;

10. What will happen after failing a start-up breath alcohol test;

11. What will happen after a person has a set of three consecutive valid and substantiated missed rolling retests within an 18-minute time frame during a drive cycle; and that a person shall not avoid compliance with the rolling retest requirement by turning off a motor vehicle's ignition or by keeping the motor vehicle in operation while the vehicle is parked, and leaving the vehicle when a rolling retest is requested;

12. What events or actions will result in a temporary or permanent lock-out of the CIID; and

13. How to provide a properly delivered alveolar breath sample.

E. An IISP shall have each person sign a document stating that the IISP has instructed the person regarding each topic contained in subsections (D) and (L), and has received the manufacturer's written instructions for operation of the CIID.

F. An IISP shall inform a person that a compliance check on a CIID is required 30 days and 60 days after installation of the device, which shall be done electronically.

G. An IISP shall inform each person to bring the vehicle to a service center for a calibration check within every 77 to 90-day period until the person is eligible for device removal.

H. An IISP shall check each CIID for evidence of tampering at least once every 90 days or more frequently if needed. This anticircumvention check shall be conducted at each person's calibration check at a service center as required under R17-5-706.

I. An IISP shall ensure that the manufacturer reports to the Department electronically under R17-5-610 if any evidence of tampering is discovered, and the manufacturer shall submit valid and substantiated proof or evidence of a reportable activity. An IISP shall keep visual evidence of a person's tampering or circumvention for a minimum of three years after the termination of the person's required ignition interlock period.

J. An IISP shall submit to the Department a list of the IISP-certified technicians, subcontractors, or agents, and service centers at the beginning of the contract with the Department, within 5 business days of making a change to the list previously provided, and on a monthly basis as requested by the Department.

K. An IISP shall comply with the provisions of this Article and A.R.S. Title 28, Chapter 4, Article 5.

L. A manufacturer shall develop and an IISP shall provide each person a reference and problem solving guide at the time of installation that shall include information on the following:

1. Operating a motor vehicle equipped with the CIID;

2. Cleaning and caring for the CIID;

3. Identifying and addressing any vehicle malfunctions or repairs that may affect the CIID; and

4. How to properly take a valid and substantiated rolling retest.

M. A manufacturer shall notify the Department within 10 days of a change of address of its principal place of business in this state.

N. A manufacturer or an IISP shall provide a warning label, for each CIID installed, which shall have an orange background and shall include the following:

1. Be a minimum size of two inches by one inch;

2. Be printed in a minimum of nine-point font;

3. Be printed in Arial font, or a font of substantially similar size and legibility; and

4. Contain the words in black lettering: "Warning! Any person tampering with, circumventing, or otherwise misusing this Ignition Interlock Device, is guilty of a Class 1 misdemeanor."

O. A manufacturer shall ensure that the IISP or the IISP-certified technician affixes conspicuously and maintains on each installed CIID the warning label described under subsection (N), which may be affixed to the device or to the device's cord.

P. A manufacturer shall develop written instructions for the installation and removal of an ignition interlock device from a motor vehicle.

Q. While a person maintains a functioning CIID in a vehicle under A.R.S. Title 28, Chapter 4, Article 5, the ignition interlock manufacturer shall electronically provide to the Department and transmit daily to the Department the information and reports prescribed in R17-5-610 and R17-5-615.

R. The manufacturer is responsible for overseeing any agents or subcontractors, including vendors and distributors, as well as overseeing the manufacturer's IISP to ensure adherence to all performance standards.

Ariz. Admin. Code § R17-5-609

New Section recodified from R17-4-709.08 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-609 renumbered to R17-5-612; new R17-5-609 renumbered from R17-5-606 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.