Section 120. General service provider requirements

Interlock service providers that are approved to perform ignition interlock services in the Commonwealth of Virginia shall:

1. Abide by all commission memorandums, directives, contract terms, and regulations pertaining to the statewide ignition interlock program unless prohibited by state law.

2. Resolve offender, court, DMV, ASAP, commission, and other stakeholder complaints as directed by the commission.

3. Install all ASAP authorized ignition interlock installations within the time parameters set forth by the commission. In situations where an interlock service facility or facilities become inoperable due to a large scale weather event or some other verified unforeseen circumstances, the service provider shall contact the commission within 24 hours with an action plan to mitigate the impact to customer service.

4. Resolve ignition interlock service facility compliance issues as directed by the commission.

5. Obtain approval from the commission before disseminating any offender training or advertising materials used in association with the Virginia interlock program.

6. Make modifications to the service provider company website that is used to review monthly calibration reports, upon reasonable request by the commission. Reasonable requests include, but are not limited to, changes due to language that is confusing, misleading, offensive, or inaccurate; changes required due to updated technology; changes to the Code of Virginia or the ignition interlock regulations; changes in workload; or changes in product enhancements.

7. Assume full liability for action taken or not taken by an ASAP or the commission due to an inaccurate or misleading report, whether electronic or hard copy, provided by the service provider.

8. Be accountable for Virginia offenders with ignition interlock devices installed by its company in another state and ensure that all Virginia interlock processes, regulations, request for proposal terms, contract terms, and commission requirements are met unless prohibited by state law.

9. Notify the commission within 15 days of disciplinary action received from a state where the service provider conducts or has conducted ignition interlock business. This notification shall include the reason for the disciplinary action. This requirement applies regardless of the existence of an appeal.

10. Provide information technology assistance and training, upon reasonable request, to the commission.

11. Report all changes to the ignition interlock device software or firmware, whether temporary or permanent, to the commission within 30 days of release in the Commonwealth of Virginia.

12. In the event of reported vehicle damage, alleged to be due to the service provider's ignition interlock device or workmanship:

a. Give immediate notice to the commission once becoming aware of the alleged damage;

b. Refrain from modifying or removing the ignition interlock device or its wiring until approved by the commission;

c. Exhibit the damaged property to the commission upon request; and

d. Provide applicable records and documents to the commission upon request, and permit copies to be made.

The commission, in its discretion, reserves the right to hire a qualified, independent expert to examine the vehicle and provide a report that includes an opinion as to the proximate cause of the damage and a repair or replacement estimate. In the event that the damage is determined to be attributable to the service provider's ignition interlock device or workmanship, the ignition interlock service provider shall indemnify the offender for the costs as estimated by the independent expert. In addition, the service provider shall pay for the reasonable cost of the independent expert's report.

Historical Notes

Derived from Volume 32, Issue 21, eff. July 18, 2016.

Statutory Authority

§§ 18.2-270.1 and 18.2-270.2 of the Code of Virginia.