29- 250 C.M.R. ch. 8, § 5

Current through 2024-18, May 1, 2024

Section 250-8-5 - Installers of ignition interlock devices

1.Manufacturer responsibilities

A. A manufacturer must provide the following information to the Secretary of State:

(1) a copy of the standard agreement between the manufacturer and installer,

(2) a copy of the standard agreement between the installer/manufacturer and the driver of the vehicle in which the device is installed,

(3) the toll free telephone number which the manufacturer provides the public to contact authorized installers, and

(4) the fee schedule listing the costs assessed to a driver for installation of the device, monthly leasing of the device, scheduled service visit, violations service visit, and removal of the device.

B. A manufacturer must ensure installers:

(1) meet the conditions established in Sections 5, 6, 7 and 8.

(2) possess and maintain all necessary training and skills required to install, examine, troubleshoot, and verify proper operation of devices.

(3) possess the tools, test equipment and manuals needed to install, inspect, download, calibrate, repair, maintain, service and remove devices.

(4) provide the restricted driver and all persons who will use the vehicle with written and hands on training in how to operate a vehicle equipped with the device, including

a. care, cleaning and maintenance,

b. identification of vehicle malfunctions and repairs affecting the device and procedures for addressing them, and

c. a 24-hour emergency telephone number for assistance in the event a device fails to operate properly or a vehicle experiences a problem relating to the installation, operation or failure of a device. Assistance must include technical information, tow service, and/or road service. Emergency assistance related to the failure of a device must be provided within two hours for vehicles located in or near an area with an installation facility. The device must be made functional within 48 hours from when the call for assistance is received or the device must be replaced.

(5) maintain established business hours with an installer available during those hours.

(6) conduct business from an enclosed building with a separate waiting area for customers. If installation is done by a mobile unit, the customer must have a separate, enclosed waiting area available. The business premises and mobile units are subject to announced and unannounced inspection by the Bureau of Motor Vehicles.

2.Requirements for persons employed to install ignition interlock devices

A.Professional character and reputation. A person employed as an installer must be of sound and reputable business character and may be required to furnish letters of reference attesting to the person's good business reputation in the community.

B.Criminal convictions, not including traffic offenses. A person may not be employed as an installer when the person has been convicted of the following category of crimes:

(1) A class A, B or C crime as defined by Maine statute; or

(2) Any crime described in 17-A MRSA Chapters 11, 12, 19, 25, and 37.

C.Criminal convictions for major traffic offenses. A person may not be employed as an installer when the person has been convicted for a major traffic offense unless the conviction occurred more than 10-years prior to the date the person is employed as an installer. Major traffic offenses are those listed in 29-A MRSA Section 2551-A(1)(A)(1)-(4) and (6)-(12).

D.Other criminal convictions not included in paragraph B or C. A person may not be employed as an installer when the person has been convicted for a class D or E crime as defined by Maine statute unless the conviction occurred more than five years prior to the date the person is employed as an installer.

E.Criminal convictions included. The convictions described in paragraphs B, C, and D include convictions for offenses pursuant to federal law and laws of other jurisdictions, provided the elements of the crimes and the authorized range of sentences are substantially similar to the Maine offenses.

F.Manufacturer responsibility. A manufacturer must obtain a criminal history record check to ensure an installer meets the requirements of this section.

G.Installer's duty to report convictions. An installer convicted for an offense described in this rule must notify the manufacturer within five days of the date the conviction occurred.

H.Approval of installers. Persons employed as installers are subject to the approval of the Bureau of Motor Vehicles.

29- 250 C.M.R. ch. 8, § 5