N.J. Admin. Code § 13:19-6.11

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:19-6.11 - Service center requirements

(a) Each service center in a manufacturer's network shall be able to service the manufacturer's BAIID in accordance with accepted industry standards and according to the instructions provided by the manufacturer of the BAIID.

(b) Each service center shall:

1. Be configured to provide a secure area that is both physically and visually inaccessible to customers, in which to service BAIIDs;

2. Provide a waiting area in which persons may wait during BAIID servicing, and an area for customer training;

3. Display in a place visible to BAIID customers a sign provided by the Commission that states "New Jersey Approved Ignition Interlock Service Center";

4. Be equipped with the necessary tools, test equipment, and manuals for servicing BAIIDs;

5. Have a secure area in which to maintain materials, records, supplies and equipment related to the servicing of BAIIDs;

6. Keep as confidential and shall not disclose program participants' personal and medical information provided to the Service Provider, except to the Commission and to entities designated by the Commission as authorized to receive the information;

7. Monitor BAIIDs periodically, at intervals of no more than 60 days;

8. Maintain records required to be made pursuant to this subchapter and shall provide an individual's data logger record, either in computerized or hard copy form or both, for inspection by the Commission's authorized representatives for at least five years after BAIID removal;

9. Create a written record and photograph evidence of tampering or attempted tampering with or circumvention or attempted circumvention of the proper operation of a device;

10. Provide ignition interlock devices at reduced rates to indigent persons in accordance with 13:19-6.14;

11. Operate during normal business hours;

12. Maintain a toll-free 24-hour emergency response telephone number;

13. Respond to requests for emergency response within 40 minutes of the request, and shall provide emergency service within 48 hours of the request;

14. Complete installation of a BAIID within seven days of a program participant's request;

15. Provide the program participant with a certificate of installation on a form provided by the Commission upon completion and delivery of the BAIID installation;

i. The certificate of installation shall contain the following information:

(1) The service provider's name, address, and telephone number;

(2) The installer's signature;

(3) The date of installation;

(4) The name and address of the registered owner of the vehicle in which the device is installed;

(5) The name and address of the person required by the court to have the BAIID installed, if different than the owner;

(6) The make, model, year, vehicle identification number and license plate number of the vehicle in which the BAIID is installed;

(7) The date of the offense for which the BAIID is being installed; and

(8) The name and address of the court ordering the BAIID installation;

ii. The service center shall attach the service invoice to the certificate of installation;

16. Provide user orientation, training, and support;

i. Training shall take the form of written instructions and hands-on training for operation of the BAIID installed in the participant's vehicle;

ii. Training shall include instructions on routine user care, cleaning, and maintenance, and procedures in emergencies;

iii. The service center shall provide the participant with a list of vehicle repairs or malfunctions that may affect the operation of the BAIID and instructions and procedures to be followed in the performance of vehicle repairs to avoid affecting the operation of the BAIID; and

iv. The service center shall provide the program participant with its 24-hour emergency telephone number and a list of service providers' locations and telephone numbers;

17. Provide periodic servicing and calibration to ensure proper operation of the device and its tamper-detection capabilities that shall include:

i. Recalibration and performance of all periodic service required by the manufacturer;

ii. Inspection of the BAIID's external wiring insulation, connections, and sheathing, including connections to the vehicle and tamper seals to ensure proper functioning of the device and for any perforations, cuts or other evidence of possible tampering;

iii. Written documentation and photographing of any evidence of attempts to tamper with the BAIID, such as perforations or cuts; and

iv. If a service center observes that a BAIID is inoperable in any respect, confirmation that the BAIID is in fully operating condition, and restoration to fully operating condition;

18. Provide the program participant with a certification, on a form provided by the Commission, upon satisfactory completion of the ignition interlock installation period ordered by the court; i. The certification shall contain, at a minimum, the following information:

(1) The service center's name, address, and telephone number;

(2) The name, title, and signature of the person completing the certification;

(3) The date of completion of the certification;

(4) The name and address of the registered owner of the vehicle in which the device was installed;

(5) The name and address of the person required by the court to have the BAIID installed, if different than the vehicle owner;

(6) The driver's license number of the person required by the court to have the BAIID installed;

(7) The make, model, year, vehicle identification number, and license plate number of the vehicle in which the BAIID was installed;

(8) The date of the offense for which the BAIID was installed;

(9) A statement that the BAIID remained installed for the duration of the court-ordered installation period;

(10) The name and address of the court ordering the BAIID installation.

(11) A statement that:

(A) During the final 30 days of the installation period the program participant did not have more than one failure to take an initial start-up test or random retest upon being prompted for a random retest sample at specified intervals after the vehicle engine is in operation;

(B) During the final 30 days of the installation period the program participant did not have more than one initial start-up test or random retest with a resulting BrAC of 0.08 percent or higher unless a subsequent test conducted within five minutes of the initial start-up test or random retest indicated a BrAC of less than 0.08 percent; and

(C) The program participant complied with all required maintenance, repair, calibration, monitoring, and inspection requirements related to the BAIID;

(12) If, during the final 30 days of the installation period, the program participant had more than one failure to take an initial start-up test or random retest, more than one initial start-up or random retest with a resulting BrAC of 0.08 percent or higher, unless a retest conducted within five minutes of the initial test indicated a BrAC of less than 0.08 percent, or if, during the installation period the program participant failed to comply with all required maintenance, repair, calibration, monitoring, and inspection requirements related to the BAIID, the service center shall provide the violation information on the certification provided by the Commission to the Chief Administrator and the court that ordered the installation of the BAIID. At a minimum, this form shall include the information required by this subparagraph, and any reason (s) for non-compliance, including the date and time of any BAIID test that resulted in a BrAC of 0.08 percent or higher during the final 30 days of the installation period, evidence of more than one failure to take a required test during the final 30 days of the installation period, and evidence of failure to comply with all required maintenance, repair, calibration, monitoring, and inspection requirements related to the BAIID during the installation period. Upon receipt, the court, or the Chief Administrator, if the offense was committed in another state or jurisdiction, shall determine whether to extend the period of BAIID installation for up to 90 days. The court may, alternatively, issue, to the Chief Administrator, a certification indicating compliance with the program requirements; if the offense was committed in another state or jurisdiction, the Chief Administrator may alternatively determine if the offender is compliant; and

19. The falsification of any information on the certification shall subject the service center and manufacturer to revocation of the BAIID certification, pursuant to N.J.A.C. 13:19-6.10, and any additional applicable civil and criminal penalties.

(c) Service center personnel:

1. That service BAIIDs shall have the training and skills necessary to provide such service and to provide user orientation and support;

2. Shall not have been convicted of a crime substantially related to their qualifications, functions, and duties as service provider employees, including, but not limited to, convictions for the following offenses:

i. Perjury;

ii. Any felony;

iii. Violation of probation; or

iv. For personnel employed by an applicant for approval as a service center, any alcohol or drug-related offense within the five years prior to the date of application for approval; for personnel hired by an applicant or approved service center after that date, any alcohol or drug-related offense within five years prior to their hiring date; and

3. Shall have no record of a driver license or registration revocation, suspension, or denial for a violation or violations of motor vehicle safety equipment laws within the last five years prior to the commencement of their employment.

N.J. Admin. Code § 13:19-6.11

Amended by 52 N.J.R. 1435(a), effective 7/20/2020