540 Mass. Reg. 25.05

Current through Register 1523, June 7, 2024
Section 25.05 - Installation of Ignition Interlock Devices
(1) An Entity under contract to install and maintain any type(s) of certified IIDs may apply to the Registrar to become an approved Service Provider.
(2) The Registrar shall approve only those Service Providers that meet the terms and conditions set out in 540 CMR 25.00.
(3) Each Service Provider shall notify the Registrar of every site from which the Service Provider intends to install, monitor and maintain devices, in a format specified by the Registrar. Every site must comply with the requirements set forth in 540 CMR 25.00, as may be determined through site inspection(s) by Registry of Motor Vehicles staff. It shall be the responsibility of the Service Provider to notify the Registrar within 30 days of any change in the information previously provided.
(4) A Service Provider who installs Ignition Interlock Devices in vehicles shall comply with the following conditions:
(a) Not allow customers or other unauthorized persons to observe the installation of the devices.
(b) Have all tools, test equipment and manuals needed to install devices and screen vehicles for acceptable mechanical and electrical conditions. These include, but are not necessarily limited to, the following:
1. tools to make electrical connections in a competent manner and in accordance with accepted trade standards;
2. heat gun if heat shrink tubing or heat set labels are used;
3. volt/ohmmeter;
4. test light;
5. battery testing equipment and servicing tools;
6. electrical wiring diagrams and/or reference guide for electrical systems on import and domestic vehicles, 20 years old or less, necessary for the installation and operation of the device; and
7. tools and equipment listed by the device manufacturer(s) to properly install devices.
8. Provide adequate security measures to prevent unauthorized persons from accessing materials key to the integrity of the IID system including, but not limited to, tamper seals and installation instructions.
(c) Appropriately install IIDs on vehicles taking into account each vehicle's mechanical and electrical conditions, following accepted trade standards and the device manufacturer's instructions, and correcting conditions which interfere with the proper functioning of the device.
(d) Not install devices in a manner that could adversely affect the performance of the device or impede the safe operation of the vehicle.
(e) Verify that a device is functioning properly after it has been installed in the vehicle.
(f) Attach a warning label, approved by the Registrar, in a conspicuous place on the Ignition Interlock Device, informing the person to whom the Ignition Interlock Restriction applies of the penalties for tampering with or attempting to circumvent operation of the device. The label shall be produced at the expense of the Service Provider. This label shall also warn other individuals of the penalties for blowing into the device on behalf of the restricted operator. On each and every service visit the monitoring entity shall inspect this label, and if it is found to be damaged, loose, obscured or in any other way not clearly legible, replace the label with a new one.
(g) Restore the affected mechanical and electrical systems to their original configurations or, if this is not possible, minimally to working order when an IID is removed. All severed wires must be permanently and safely reconnected and insulated.
(h) Provide monthly reports to the Registrar on the status of its clients.
(i) Provide timely reports to the Registrar of any operator Lockout or IID Violations.
(j) Abide by any policies established by the Registrar governing the removal of the device(s).
(k) Provide appropriate training to operators on the use and safe operation of the IID.
(5) The Registrar shall maintain and publish a list of all approved Service Providers within the Commonwealth. Any Service Provider found not to be in compliance with any of the provisions of 540 CMR 25.00 may be subject to suspension or revocation of approval for any or all its sites, after a hearing before the Registrar. The Registrar may take into account the nature and extent of the violation(s) and the past performance of the Service Provider.
(6) A Service Provider must agree to provide all mandatory program costs, including installation, maintenance and removal of the IID, at no cost to a person who presents documentation issued by the Registrar that such cost would cause a grave and serious hardship to the offender or the offender's family.

540 CMR 25.05

Amended by Mass Register Issue 1447, eff. 7/9/2021.