New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.14 - RESPONSIBILITIES OF SERVICE CENTER OPERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A service center operator shall:
A. provide the tools, test equipment, and
				manuals needed for installing, inspecting, downloading, calibrating, repairing,
				maintaining, servicing and removing ignition interlock devices.
B. ensure that all devices are installed and
				removed in a workmanlike manner in accordance with accepted trade practices by
				properly trained and certified installers.
C. ensure that all devices are serviced in a
				workmanlike manner in accordance with accepted trade practices by a properly
				trained and certified service center operator or service technician.
D. maintain sufficient staff to ensure an
				acceptable level of service; the service center must be staffed with at least
				one certified installer during all posted hours of operation.
E. report to the Bureau in writing within ten
				(10) business days any changes in location, fee schedule, or other matters that
				may affect the service center operator's ability to comply with the
				requirements of this rule .
F.
				provide expert or other required testimony in any civil or criminal proceedings
				regarding the installation, servicing, and removal of devices or the
				interpretation of recorded data.
G.
				reimburse the Bureau for any costs incurred if the service center operator
				requests the Bureau to provide testimony in any civil or criminal procedures
				involving the installation, servicing, and removal of an ignition interlock
				device.
H. not reveal any personal
				and medical information provided by drivers to any person other than the
				appropriate authorities or employees of the manufacturer of service center
				operator on an as-needed basis.
I.
				provide information to interested drivers concerning the device and costs of
				installation, leasing, servicing, and removal. An installer may state that the
				installer is "licensed by the Traffic Safety Bureau" and may state that the
				device the installer provides is "approved by the Traffic Safety Bureau for use
				in New Mexico" in its advertising or promotional materials.
J. provide to each driver at the time the
				device is installed a form prescribed by the Bureau on which the driver shall
				self-certify the number of vehicles he or she drives.
K. ensure that ignition interlock devices are
				installed on all vehicles driven by the driver within ten (10) business days of
				the date requested by a sentenced driver.
L. inquire of the sentenced driver whether
				the sentenced driver has a driver's license or state-issued identification
				card. If so, the installer shall affix the state-prescribed indicator on the
				card indicating that the sentenced driver is prohibited from driving any
				vehicle that does not have an ignition interlock device installed.
M. take adequate security measures to prevent
				drivers or other unauthorized persons from accessing secured materials in
				service centers such as tamper seals, installation instructions, computer
				disks, and any other material used to install, service, or remove the
				device.
N. provide a certificate of
				installation to a driver upon request.
O. submit a copy of the certificate of
				installation and the driver's self-certification to the appropriate authorities
				within ten (10) business days of completion of each installation.
P. collect all fees and costs associated with
				installing, leasing, servicing and removing ignition interlock
				devices.
Q. ensure that no driver
				or other unauthorized person witnesses the installation, servicing or removal
				of an ignition interlock device.
R.
				use only reference samples certified by an independent laboratory and approved
				by the Bureau to calibrate ignition interlock devices. If wet bath reference
				samples are to be used to calibrate ignition interlock devices from mobile
				service centers, the service center operator shall ensure that:
(1) the reference samples provided to the
				mobile service center can be maintained within the temperature limits specified
				by the manufacturer of the reference sample for accuracy of results;
				or
(2) that substitute devices are
				pre-calibrated at the fixed site service center and exchanged for the devices
				needing calibration at the mobile service center.