Or. Admin. Code § 257-100-0065

Current through Register Vol. 63, No. 12, December 1, 2024

Section 257-100-0065 - Removal of Ignition Interlock Devices

(1) A qualified ignition interlock device technician must remove the device when requested by the individual.

(2) When removing a device, an ignition interlock device technician must:

(a) Attempt to start the vehicle ignition without first providing a breath sample to determine if the device had been circumvented by the individual customer;

(b) Visually inspect the vehicle, device, and camera to determine if the device appears to have been tampered with; and

(c) Download and upload the final data report from the device at the time of removal;

(d) Ensure removal of the device does not damage the vehicle and that the vehicle's ignition functions properly without the device being installed;

(3) When removing a device, a manufacturer's representative must:

(a) If applicable, provide the individual with an Ignition Interlock Device No Negative Certificate Form 257-0007; and

(b) Report the removal pursuant to OAR 257-100-0060.

(4) Upon approval by OSP, a manufacturer or manufacturer's representative may provide a third-party mechanic with an ignition interlock device de-activation or override code for maintenance or repair of a vehicle with an ignition interlock device installed.

(a) The manufacturer or manufacturer's representative shall collect the mechanic's full name, business address, and contact phone number.

(b) A De-activation or override code may only be provided to mechanics performing maintenance or repair of the individual customer's vehicle. The individual customer may not be the mechanic performing the maintenance or repair.

(c) A mechanic de-activation or override code may not exceed a period of 24 hours at a time.

(d) Each de-activation or override code must be uniquely identified and recorded in the device's data storage system.

(e) The number of de-activation or override codes per individual customer or vehicle is unlimited.

(f) Violations recorded while the vehicle is not being driven by the individual customer required to have the interlock device may be reviewed for exclusion. The individual customer must provide a completed Mechanic's Affidavit Form 257-0030 to the manufacturer or manufacturer's representative upon completion of the maintenance or repair. If an individual customer fails to submit a Mechanic's Affidavit Form 257-0030 to the manufacturer or manufacturer's representative, may result in a break in compliance, an extension of ignition interlock requirement, or additional fees.

Or. Admin. Code § 257-100-0065

TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019; TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019; TSD 3-2019, renumbered from 737-005-0165, filed 05/30/2019, effective 07/01/2019; OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019; OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019; OSP 3-2022, amend filed 05/20/2022, effective 5/20/2022

Statutory/Other Authority: ORS 813.600 & ORS 813.660

Statutes/Other Implemented: ORS 813.599 - 813.680