Section 125.12 - Service and Maintenance of Ignition Interlock Devices(a) A manufacturer shall ensure that an authorized installer has the training and skills necessary to install, troubleshoot, check for proper operation of the device, screen the vehicle for acceptable condition, and complies with the following: (1) Provides all participants with the following:(A) A completed Verification of Installation, form DL 920 (Rev. 1/2019), which is hereby incorporated by reference.(i) When a court has ordered the installation of an ignition interlock device, the installer shall complete and submit a court-authorized verification of installation form to the court. The installer shall provide verification of installation to the department and must submit an original form DL 920 or a copy of the court-authorized verification of installation form. For purposes of this section, an original DL 920 will contain the green border around the form and will contain the manufacturer's stamp in the top left corner of the form. The manufacturer's stamp shall be an inked or embossed seal.(B) Written instructions on cleaning and caring for the device.(C) Written instructions on types of vehicle malfunctions or repairs that may affect the device, and what to do when such repairs are necessary.(D) Written and hands-on training on the use of the device after it is installed in the vehicle for the participant and all persons who operate the vehicle.(E) A 24-hour emergency phone number that may be used to request assistance in the event of failure of the device or vehicle problems related to operation of the device. The assistance provided by the authorized installer shall include technical information, tow service, or road service. The device shall be made functional within 48 hours of the call for assistance, or the device shall be replaced.(2) Follows the manufacturer's specifications for service and repair of an ignition interlock device. (A) Services the device in intervals not to exceed 60 days.(B) Service shall include, but not be limited to, physical inspection of the device and vehicle for tampering, calibration of the device, and monitoring of the data contained within the device's memory.(C) Each time a device is serviced, downloads all the data recorded in the device's memory. The electronic log shall specify the corresponding device or participant file identification number (that when accessed will clearly specify the corresponding device), the date the download occurred and can be either a hardcopy or an electronic copy. If an electronic copy is used it shall be electronically maintained and a hardcopy shall be provided upon request. The downloaded data shall also contain a summary report that includes each incident the breath alcohol level was at or above the alcohol setpoint, any attempts to bypass or tamper with the device and shall specify the corresponding device or participant file identification number, and date the download occurred.(D) Each time a device is serviced, a hardcopy of the summary report shall be included in the participant's file.(E) Each time a device is serviced, a hardcopy of the calibration results shall be included in the participant's file.(F) If an installed device is replaced with another device, the event shall be documented. The documentation shall specify each device and the documentation shall be included in the participant's file.(G) If the participant is unable to return the vehicle for recalibration within 60 days due to military service, a family death, or similar event beyond the control of the participant, and the participant can document the event to the satisfaction of the installer prior to non-compliance being reported to the department by the installer, the installer may extend the time for recalibration as appropriate. A copy of the documentation shall be included in the participant's file. If the participant fails to return the vehicle for recalibration as scheduled, the installer shall complete and submit a Notice of Non-Compliance Ignition Interlock, form DL 921 (Rev. 1/2019), which is hereby incorporated by reference.(3) Conducts physical tamper inspections every time the device is serviced, or given routine inspection, maintenance, or repair, or is replaced.(A) A tamper inspection shall include checking the device for proper operation of tamper detection capabilities. If tampering is detected, the inspection shall also include installation wiring connection and tamper seals.(B) Documenting evidence of tampering shall include photographing the damage, an electronic log hardcopy, or completing a comprehensive incident report or other written documentation. If originals of such evidence are sent to a court or the department, copies shall be included in the participant's file.(C) The installer shall report any evidence of attempts to bypass or circumvent the device or of physical tampering to the appropriate court or the department within three working days. When reporting such evidence to the department, the installer shall complete the form DL 921 pursuant to Section 125.18 of this article.(D) After the evidence of tampering has been recorded or photographed, and reported to the appropriate court or the department, the installer shall restore the system and its tamper seals, or equivalents, and all other components to their original condition to prevent further abuse.(E) If a participant fails to maintain the device pursuant to Section 23573 or 23575 of the Vehicle Code, the installer shall report non-compliance to the appropriate court or the department as required by statute, within three working days.(F) When reporting non-compliance to the court personnel or the Department of Motor Vehicles, the installer shall follow procedures and forms provided by the appropriate court and the Department of Motor Vehicles and a copy shall be included in the participant's file.(b) Whenever a device is removed, a manufacturer shall ensure that the vehicle is restored to its original condition by the authorized installer. When reporting the removal to the court personnel, the installer shall follow procedures and forms provided by the appropriate court and a copy shall be included in the participant's file or an Ignition Interlock Notice of Removal, form DL 922 (Rev. 1/2019), which is hereby incorporated by reference, shall be submitted to the department pursuant to Section 125.20 of this article.(c) A manufacturer shall be responsible for providing continuing service by an authorized installer during the period the device is installed, without interruption, when an authorized installer is replaced with another affiliated authorized installer or replaced with another authorized installer affiliated with another manufacturer. (1) The manufacturer shall obtain all participant files from an authorized installer being replaced, and shall provide the participant files to the new installer.(2) The manufacturer shall ensure that each participant with an existing, installed device is able to obtain the required service within a similar distance or less from the participant's residence or place of business. If there are installed devices for which authorized service is no longer accessible, such devices shall be replaced by the manufacturer, at no cost to the participant, with a device from another manufacturer's authorized installer located at a similar distance or less from the participant's residence or place of business.(3) The manufacturer shall make every effort to notify all participants of a change of the authorized installer or replacement of the device 30 days before the change or replacement will occur. When the manufacturer is unable to notify participants 30 days prior to the change or replacement, the manufacturer shall notify all participants of the change as soon as possible.(4) The removal of the device shall be recorded on a form DL 922 pursuant to Section 125.20. Section II of the form DL 922 is not applicable for this type of removal. The installation of the new manufacturer's device shall be recorded on a form DL 920 pursuant to Section 125.16. To substantiate that no break in service has occurred, copies of the form DL 920 and form DL 922 shall be submitted to the department together.(d) A manufacturer shall be responsible for providing continuing service by an authorized installer during the period the device is installed, without interruption, when the participant elects to transfer to an affiliated authorized installer or to another authorized installer affiliated with another manufacturer. (1) The participant's file shall be transferred pursuant to the procedures described in Section 125.12(c)(1).(2) The device removal and installation shall be recorded and reported pursuant to the procedures described in Section 125.12(c)(4).Cal. Code Regs. Tit. 13, § 125.12
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (a)(1)(A), new subsections (a)(1)(A)(i)-(ii), and amendment of subsections (b) and (c)(4) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
4. Amendment of subsections (a)(1)(A)(i)-(iii), (a)(3)(E)-(F), (c)(4) and (d)(1)-(2) and amendment of NOTE filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
5. Amendment of subsections (a)(1)(A)(i)-(iii), (b) and (c)(4) and amendment of NOTE filed 3-7-2013; operative 7-1-2013 (Register 2013, No. 10).
6. Amendment of subsections (a)(1)(A)(i)-(iii), (a)(1)(D), (a)(2)(G), (a)(3)(C), (b) and (c)(4) filed 7-29-2015; operative 10-1-2015 (Register 2015, No. 31).
7. Repealer and new subsection (a)(1)(A), repealer of subsections (a)(1)(A)(i) and (a)(1)(A)(iii), subsection renumbering, amendment of newly designated subsection (a)(1)(A)(i), repealer of subsection (a)(2)(G), subsection relettering, amendment of newly designated subsection (a)(2)(G) and amendment of subsection (b) filed 5-21-2019; operative 5-21-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 21). Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 13353.3, 13386, 23573 and 23575(g), Vehicle Code.
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (a)(1)(A), new subsections (a)(1)(A)(i)-(ii), and amendment of subsections (b) and (c)(4) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
4. Amendment of subsections (a)(1)(A)(i)-(iii), (a)(3)(E)-(F), (c)(4) and (d)(1)-(2) and amendment of Note filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
5. Amendment of subsections (a)(1)(A)(i)-(iii), (b) and (c)(4) and amendment of Note filed 3-7-2013; operative 7-1-2013 (Register 2013, No. 10).
6. Amendment of subsections (a)(1)(A)(i)-(iii), (a)(1)(D), (a)(2)(G), (a)(3)(C), (b) and (c)(4) filed 7-29-2015; operative 10/1/2015 (Register 2015, No. 31).
7. Repealer and new subsection (a)(1)(A), repealer of subsections (a)(1)(A)(i) and (a)(1)(A)(iii), subsection renumbering, amendment of newly designated subsection (a)(1)(A)(i), repealer of subsection (a)(2)(G), subsection relettering, amendment of newly designated subsection (a)(2)(G) and amendment of subsection (b) filed 5-21-2019; operative 5/21/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 21).