N.M. Admin. Code § 18.20.11.14

Current through Register Vol. 36, No. 1, January 14, 2025

Section 18.20.11.14 - RESPONSIBILITIES OF SERVICE CENTER OPERATORS

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.

S. comply with all requirements of this rule.

N.M. Admin. Code § 18.20.11.14

18.20.11.14 NMAC - Rp, 18 NMAC 20.11.10, 1-1-03