Section Saf-C 6503.02 - Responsibilities of the Interlock Service Providers(a) An interlock service provider shall maintain a presence throughout the state sufficient to perform all installation, calibration, maintenance, monitoring, and removal services for any and all users accepted by such providers as customers via fixed locations, mobile locations, or a combination of both. For the purposes of this paragraph, "sufficient to perform" means that any customer shall not be required to travel more than 100 miles or 2 hours, whichever is less, in order to obtain such services.(b) An interlock service provider shall provide periodic reports as determined by these rules, the court, or department, to the division's interlock coordinator and the court of jurisdiction.(c) An interlock service provider shall have the ability to provide a certificate of installation to the division's interlock coordinator and the vehicle's owner immediately upon installation of the device.(d) An interlock service provider shall furnish the user a copy of the agreement between the user and provider, including but not limited to:(1) A statement of all fees and charges;(2) Any warranty details;(3) Schedule of payments;(4) Any additional charges that may be incurred by the user; and(5) A list of items or services that may be available by the provider at no charge.(e) An interlock service provider shall have a standard agreement with any third-party providers, which shall include the following requirements:(1) The interlock service provider shall be required to provide the third-party provider with all necessary tools, test equipment, and manuals to perform the third-party provider's functions;(2) The third-party provider shall be required to perform any or all of the following functions:c. Perform maintenance on devices;e. Provide users with installation certificates; andf. Provide standardized training established by the interlock service provider to users regarding the proper use, cleaning, care, and maintenance of the device;(3) The interlock service provider shall furnish the third-party provider with standardized training materials to provide training to users;(4) The third-party provider shall be required to establish regular business hours during which a third-party provider shall be on site.(f) An interlock service provider shall establish a standard policy to address complaints against the provider or third party providers, which shall include at a minimum, the requirement that customer complaints shall be addressed and reasonable attempts made to sufficiently resolve such complaints within 5 business days of receipt.(g) The interlock service provider shall create an action plan, at the division's request, when the provider has been the subject of 5 or more complaints of a similar nature in a 3 month period, and the provider shall furnish a copy of the action plan to the division's interlock coordinator.(h) A n interlock service provider shall provide every user, and make available for every person operating a motor vehicle equipped with their device, a copy of the manufacturer's written or electronic instructions for the following:(1) Operating a motor vehicle equipped with the device;(2) Cleaning and caring for the device; and(3) Identifying and addressing vehicle malfunctions or repairs that might affect the device.(i) An interlock service provider shall provide each user with a written or electronic operator's manual that includes instruction on all of the following: (1) How to use the system;(2) How to obtain service for the system;(3) How the alcohol retest feature works;(4) How drinking alcohol before a test may result in a failure; and(5) How the device shall not be removed except by an interlock service provider.(j) An interlock service provider shall be responsible for the collection of all fees from the user and any costs associated with the use of the device. Pursuant to RSA 265-A:36, VI(e), the provider shall maintain a reserve of the equivalent of 2% of the provider's gross receipts, excluding the purchase or rental cost of the device, during the previous calendar year ending December 31.(k) No interlock service provider shall install a device on any vehicle owned or operated by any of its employees or family members which is required to be installed by order of a court or the department.(l) An interlock service provider shall provide a 24-hour telephone number for emergency assistance in the event of device failure or malfunctioning.(m) The failure to meet the requirements of this chapter shall subject the provider to an administrative hearing pursuant to Saf-C 203 to show cause as to why their approval should not be suspended or further installation certificates rejected by the division.N.H. Admin. Code § Saf-C 6503.02
Derived from Volume XLII Number 41, Filed October 13, 2022, Proposed by #13448, Effective 9/20/2022, Expires 9/20/2032