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 addition of the mechanical override code, including
				 duration of the code and proof of service.
(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
				a device on 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 vehicle mileage as displayed on
				the vehicle odometer when a device is installed, monitored, maintained, 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; and
(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.