N.M. Admin. Code § 18.20.11.9

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

Section 18.20.11.9 - RESPONSIBILITIES OF MANUFACTURERS

A manufacturer shall:

A. develop written instructions for the installation, servicing, and removal of ignition interlock devices approved for use in New Mexico and supply those instructions to all service centers authorized by the manufacturer and licensed by the Bureau to install ignition interlock devices in New Mexico.

B. develop a user reference and problem-solving guide in English and Spanish which shall:

(1) include information on the location of service centers, servicing procedures, emergency procedures and a strong warning that the device detects non-compliance, circumvention, and tampering;

(2) provide written instructions on how to clean and care for the ignition interlock device;

(3) describe the type of vehicle malfunctions or repairs that might affect the ignition interlock device and inform a driver what to do when such repairs are necessary; and

(4) advise the driver that he or she may contact the Bureau at 1-800-541 -7952 if he or she has a complaint about the device or the service the driver receives from the service center operator.

C. train each service center operator that uses its ignition interlock devices to service the device and certify to the Bureau in writing that the service center operator has been trained.

D. train at least one installer at each service center to install and remove ignition interlock devices and certify to the Bureau in writing that an installer has been trained.

E. notify the Bureau in writing within thirty (30) days after the manufacturer receives notice that a device approved for use in New Mexico is or ever has been suspended, revoked or denied in another state, whether such action occurred before or after approval in New Mexico and whether or not such action is or has been appealed in the other state.

F. employ or contract with only those persons whom the Bureau has licensed as service center operators or certified as installers, except for administrative staff.

G. disseminate information about its ignition interlock device to the public. A manufacturer of an approved device may state that its device has been "approved by the Traffic Safety Bureau for use in New Mexico" in its advertising or promotional materials.

H. not make any modification in design or operational concept of a device to be used in New Mexico that materially affects the way the device measures alcohol or records data without the prior written approval of the Bureau. The Bureau may require a manufacturer to reapply for approval of a device the manufacturer intends to significantly modify. Modification does not include repair or replacement of parts to maintain the device in working order or software changes that do not modify the functionality of the device.

I. affix a label to each device warning against tampering, circumvention, or misuse of the device.

J. provide expert or other required testimony in any civil or criminal proceedings regarding the manufacture and functioning of its device, or the interpretation of recorded data.

K. reimburse the Bureau for any costs incurred if a manufacturer requests the Bureau to provide testimony in any civil or criminal procedures involving the approval or use of an ignition interlock device in New Mexico.

L. ensure that disposable mouthpieces with saliva traps are always available to service center operators.

M. ensure that reference samples to be used in calibrating devices are always available to service center operators.

N. be responsible for providing uninterrupted service of its installed devices if one of its service centers moves more than ten (10) miles from its location or goes out of business. A manufacturer shall notify the Bureau within ten (10) business days if one of its service centers is moving or going out of business and shall indicate whether or not it will replace the service center.

(1) If the manufacturer replaces the service center, the manufacturer shall make all reasonable efforts to obtain driver records and data from the original service center and provide them to the new service center.

(2) If the manufacturer does not replace the service center, the manufacturer shall make all reasonable efforts to obtain driver records and data from the original service center, maintain them at its main business office, and provide them to the appropriate authorities as required by this rule.

(3) A manufacturer shall be responsible for removing its devices and shall bear the cost of having them replaced with approved devices from another manufacturer if:

(a) the manufacturer can no longer provide service within one hundred (100) miles or two (2) hours, whichever is less, of the sentenced driver's residence or place of business; and

(b) the other manufacturer has a service center no more than one hundred (100) miles or two (2) hours, whichever is less, from the driver's residence or place of business than the original service center.

(4) A manufacturer shall notify all drivers of the change of service center or replacement of the device as soon as possible but no later than thirty (30) days before the change or replacement will occur.

(5) If a manufacturer cannot comply with paragraph (3) of this subsection, the manufacturer shall notify all drivers and the appropriate authorities that service will be terminated within sixty (60) days and shall remove the devices at no cost to the drivers.

N.M. Admin. Code § 18.20.11.9

18.20.11.9 NMAC - N, 1-1-03