Ariz. Admin. Code § 17-5-610

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

Section R17-5-610 - Reporting; Reportable Activity

A. A person shall have installed in a motor vehicle, only an ignition interlock device certified by the Department under R17-5-604.

B. A manufacturer shall develop and the IISP shall ensure that each IISP-certified technician complies with the IISP's written procedures for the installation of a CIID.

C. Certified ignition interlock device installation verification.

1. A manufacturer shall electronically transmit a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours of the device installation.

2. The electronic Certified Ignition Interlock Device Summarized Reporting Record for installation verification shall contain all of the following information:

a. Department-assigned service center number;

b. Person's full name (first, middle, last and suffix);

c. Date of birth;

d. Driver license or customer number;

e. Report date;

f. Install date;

g. Report type;

h. Technician identification number;

i. A unique identification number for the CIID;

j. The last six digits of the vehicle identification number that matches the vehicle information on the data logger; and

k. Whether the Department, a court, or an out-of-state entity requires a person to have a CIID.

D. Certified ignition interlock device calibration check.

1. A manufacturer shall electronically transmit a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours after performing a calibration check on an installed CIID.

2. A manufacturer shall submit to the Department the following valid and substantiated proof or evidence of a reportable activity related to a violation, as prescribed in subsection (F), within 10 days by electronic means, which shall include:

a. A summary report stating why the data logger or any other evidence confirms the occurrence of a violation, including any digital images of the person; and

b. A data logger that shows at least 12 hours of data before and after the violation.

3. A manufacturer may submit to the Department the following additional valid and substantiated proof or evidence of a reportable activity related to a violation, as prescribed in subsection (F), if available, within 10 days by electronic means, which may include:

a. Video recordings;

b. Written statements; and

c. Any other evidence relevant to a violation.

4. The electronic Certified Ignition Interlock Device Summarized Reporting Record for the calibration check shall contain all of the following information:

a. Department-assigned service center number;

b. Person's full name (first, middle, last and suffix);

c. Date of birth;

d. Driver license or customer number;

e. Report date;

f. Install date;

g. Report type;

h. Missed rolling retest count, dates, and times;

i. Technician identification number;

j. Alcohol concentration violation count, dates, time, and alcohol concentration;

k. Tampering violation count, dates, and time;

l. Circumvention count, dates, and time;

m. Device download date;

n. Device download time;

o. Bypass code indication, date, and time;

p. A unique identification number for the CIID;

q. The last six digits of the vehicle identification number that matches the vehicle information on the data logger; and

r. Whether the Department, a court, or an out-of-state entity requires a person to have a CIID.

E. Certified ignition interlock device removal report.

1. When a certified ignition interlock device is removed, a manufacturer shall electronically transmit a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours.

2. The electronic Certified Ignition Interlock Device Summarized Reporting Record for removal of a device shall indicate the condition of noncompliance and contain all of the following information:

a. Department-assigned service center number;

b. Person's full name (first, middle, last and suffix);

c. Date of birth;

d. Driver license or customer number;

e. Report date;

f. Install date;

g. Removal date;

h. Report type;

i. Technician identification number;

j. A unique identification number for the CIID;

k. The last six digits of the vehicle identification number that matches the vehicle information on the data logger;

l. Whether the Department, a court, or an out-of-state entity requires a person to have a CIID;

m. Missed rolling retest count, dates, and times;

n. Device download date; and o. Device download time.

F. Reportable activity for a person's noncompliance with these rules and A.R.S. Title 28, Chapter 4, Article 5, shall be limited to valid and substantiated instances by a person of any of the following transmitted electronically and wirelessly by the manufacturer to the Department in real-time within 24 hours:

1. Tampering with a CIID as defined in A.R.S. § 28-1301;

2. Refusing or failing to provide any set of three consecutive valid and substantiated breath samples in response to a requested rolling retest within an 18-minute time frame during a person's drive cycle;

3. Failing to provide proof of compliance or inspection of the CIID as required under A.R.S. § 28-1461(E)(4);

4. Attempting to operate the vehicle with an alcohol concentration of 0.08 or more as prescribed in A.R.S. § 28-1461(E)(5) if the person is at least 21 years of age;

5. Attempting to operate the vehicle with an alcohol concentration in excess of the set point if the person is under 21 years of age;

6. Circumvention of a CIID as defined in R17-5-601; or

7. Disconnecting or removing a CIID, except:

a. On repair of the vehicle, if the person provided to the IISP, technician, or service center advance notice of the repair and the anticipated completion date; or

b. On moving the device from one motor vehicle to another motor vehicle if replacement of the device is accomplished within 72 hours of device removal.

G. 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 operating while the vehicle is parked, and leaving the vehicle when a rolling retest is requested. A missed rolling retest is reportable activity for a person's noncompliance under subsection (F).

H. A manufacturer shall screen each person's data loggers to ensure that there is no improper reporting.

I. A manufacturer shall ensure that a CIID has the necessary programming to identify each person's ignition interlock period and each drive cycle to report and send data and violations to the Department as required by these rules.

J. A manufacturer shall review within 10 days all reports sent by the Department and returned to the manufacturer for verifi-cation of accurate reporting. If a manufacturer finds that the reported information does not indicate valid and substantiated evidence of a violation, the manufacturer shall immediately contact the Department to correct the person's record before corrective action is initiated against a person as a result of misreported ignition interlock data.

K. A manufacturer shall immediately contact the Department if the manufacturer finds that the reported information indicates:

1. An obvious mechanical failure of a CIID;

2. Obvious errors in the recorded CIID data that cannot be attributed to a person's actions;

3. Obvious errors in the transmission of CIID data to the Department, including misreported instances of tampering; or

4. Submission of an extension of a person's ignition interlock period or a violation to the Department when a person was not in the vehicle to take the rollmg retests.

L. A manufacturer shall ensure that a CIID electronically and wirelessly uploads data in real-time to the manufacturer's website, that is maintained by the manufacturer, and the manufacturer shall submit all required information and reports in a daily FTP file to the Department.

M. In cases where no electronic or digital service exists, the manufacturer shall store the data and send the data as soon as electronic or digital service is available.

N. A manufacturer shall include the date of the last upload on the person's account on the manufacturer's website.

O. A CIID shall have constant communication between the manufacturer's server and relay unit while the device is in use.

P. All data, including digital images, shall be available to the Department for viewing on the manufacturer's website within five minutes after the data is recorded on the device, or as soon as electronic or digital reception permits.

Ariz. Admin. Code § R17-5-610

New Section recodified from R17-4-709.09 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-610 renumbered to R17-5-703; new R17-5-610 renumbered from R17-5-607 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.