Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.050 - Breath Alcohol Ignition Interlock Device Security

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds language and specific
				  requirements regarding the documentation of vehicle registration and operator
				  verification at time of device service, and the ability for the division to
				  inspect new authorized service providers prior to becoming an active
				  location.
(1) A manufacturer
				shall require and take steps to ensure that its authorized service providers-
(A) Carry garage keepers or general liability
				insurance coverage with minimum limits of three hundred thousand ($300,000)
				dollars per occurrence and six hundred thousand ($600,000) dollars in the
				aggregate to cover damage and loss to the operator's vehicle and personal
				property while in the authorized service providers care and/or
				custody;
(B) Meet all federal,
				state, and local government law and regulations for operating as a business in
				the state;
(C) Follow certification
				standards and specifications for service;
(D) Possess the appropriate skills,
				equipment, and facilities necessary to comply with all of the certification and
				operational requirements outlined in
				7 CSR
				60-2.030 through 7 CSR 60-2.050;
(E) Inspect all vehicles before and after
				device installation to determine that the mechanical and electrical parts of
				the vehicle affected by the device are acceptable for the installation and
				proper operation of the device;
(F)
				Take reasonable steps to prevent the operator or any other unauthorized person
				from obtaining access to installation materials and/or from observing the
				installation, monitoring, maintenance, or removal of a device;
(G) Do not install or service any device,
				except for testing and promotional purposes, on a vehicle owned or operated by
				any of its employees or relatives of its employees within the second degree of
				consanguinity or affinity as that phrase is defined in
				7 CSR
				60-2.010;
(H) Provide written and hands-on training for
				the operator on how to properly use, operate, and maintain the device,
				including instructions against improper operation and precautions when others
				use the device;
(I) Do not install
				or service a device in a vehicle that cannot be driven from the service center
				under its own power;
(J) Place all
				connections between a device and the vehicle under the dash or in an
				inconspicuous area of the vehicle and cover all exposed electrical connections
				between a device and the vehicle with unique and easily identifiable seal,
				epoxy, resin, wire, sheathing, or tape;
(K) Document on the manufacturer's server
				vehicle mileage as displayed on the vehicle odometer and vehicle registration
				(license plate) when a device is installed, serviced, and/or removed;
(L) Conduct physical inspections of
				all external wiring, insulation, connections, tamper seals, and sheathing when
				a device is serviced, maintained, and/or repaired;
(M) Check device for proper operation,
				tampering, and circumvention when a device is serviced, maintained, and/or
				repaired;
(N) Do not sell or allow
				the use of any type of remote code or reset feature that allows the operator to
				bypass a device without providing all required breath tests, except that an
				override lockout code or mechanical override code (bypass) may be sold or
				allowed under the following conditions:
1. The
				override lockout code or mechanical override code must be unique to the
				device;
2. All requirements
				outlined in 7 CSR 60-2.030 through 7 CSR
				60-2.050 apply;
3. The override
				lockout code will not be valid for more than three (3) hours upon which the
				device will enter a permanent lockout status. The mechanical override code will
				be valid for a maximum of twelve (12) hours upon which the device will enter a
				violation reset status. Additional unique mechanical override codes may be
				utilized in the event the mechanical service exceeds twelve (12) hours;
				and
4. Each override lockout code
				or mechanical override code will be uniquely recorded in the data storage
				system;
(O) Document
				each use of an override lockout code or mechanical override code on the
				operator's data log;
1. Proof of vehicle
				mechanical service in the form of a mechanic's affidavit shall be submitted to
				the manufacturer and attached to the operator's electronic file for validation
				if a mechanical override code is utilized;
(P) Do not assist or facilitate any tampering
				or circumvention of a device;
(Q)
				Do not ship a device or other equipment to anyone other than the manufacturer,
				authorized service provider, or state authority;
(R) Conduct installations, calibrations,
				downloads, servicing, and/or removal of a device for an operator residing
				out-of-state are in compliance with all requirements outlined in
				7 CSR 60-2.010
				through
				7 CSR
				60-2.060;
(S) Maintain records documenting all
				calibrations, downloads, and any other service performed on a device, including
				service of a violations reset;
(T)
				Do not permit an unauthorized person to view or gain access to an operator's
				personal or medical information, or other secured materials including but not
				limited to tamper seals, installation instructions, computer discs, and any
				other material used to download device data or install, service, calibrate,
				monitor, or remove a device; and
(U) The individual with the BAIID requirement
				shall be present at the time of device installation. The authorized service
				provider shall document whether the individual with the BAIID requirement is
				present at time of device service or removal.