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(continued)
(2) If the department cancels completion certificates pursuant to this section, no refund of the fees for the canceled certificates will be authorized.
(e) The department shall cancel any completion certificates for which the department received payment by check that is dishonored when presented for payment. The DUI Program provider shall surrender the canceled completion certificates to the department upon notification and demand for surrender.
(f) The department shall replace in full books of fifty (50), without a charge, those completion certificates which are damaged during the manufacturing and/or shipping process, or any completion certificates shipped, but not received as a full book of fifty (50).
(1) If the DUI program provider chooses to request replacement of the completion certificates, the provider shall submit a DL 101R (Rev. 04/2004), and shall complete it in full to include: a list of the numbers for the completion certificates for which replacement is requested, the reason for the replacement request, and a statement, signed under penalty of perjury under the laws of the State of California by the DUI program director or the authorized employee, that the information contained in the replacement request is true and correct.
(2) The DUI program provider shall retain the original certificate and all copies of the damaged completion certificates or those received individually as incomplete books in numerical sequence in the original book until they are destroyed pursuant to Section 9867 Subdivision (f) of Title 9, California Code of Regulations.
(g) When proof of completion of a DUI Program is required by the Vehicle Code, and the program participant completes all program requirements, the DUI Program provider shall complete the DMV copy of the DL 101 and submit it directly to the department. The program provider shall also submit the court copy of the DL 101 to court, and give the participant the participant copy. The department will only accept the completed original DMV copy from the program provider as acceptable proof of program completion.
(1) DUI Program providers may submit completed certificates by express mail to:
Department of Motor Vehicles Mandatory Actions Unit 2570 24th Street -MS J 233 Sacramento, CA 95818.
(2) DUI Program providers may submit completed certificates by regular mail to:
Department of Motor Vehicles Mandatory Actions Unit P.O. Box 942890 Sacramento, CA 94290-0001.
(3) DUI Program providers who have been authorized by the department to submit completion certificates via electronic medium may submit completion certificates electronically to the department as authorized.
(h) The Vehicle Code requirements for a person to give, provide, or submit proof of completion of a DUI Program satisfactory to the department, shall be satisfied by a program participant when he or she completes all program requirements and signs the Notice of Completion Certificate (DL 101) or the Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW, and the completed DL 101 is received by the department.
(1) The DL 804 (REV 1/2003) WWW, shall be used only when the participant is unavoidably absent and therefore unavailable to sign the Completion Certificate (DL 101) at the time it is issued by the program provider as evidence of the participant's program completion. The Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW, is herein incorporated by reference.
(2) The DL 804 shall be retained by the DUI Program provider for the period required by Section 9866 of Title 9, California Code of Regulations, and shall be made available to the department immediately upon request.
(3) If an electronic completion certificate is submitted from a DUI Program provider that the department has authorized to submit completion certificates electronically, the participant's original signature which attests under penalty of perjury that he or she has completed all required DUI Program components will be captured on a DL 804 and retained by the DUI Program provider for the period required by Section 9866 of Title 9, California Code of Regulations. This document shall be made available to the department immediately upon request.
(i) The department will only accept completion certificates that contain all the information requested on the completion certificates. Incomplete or illegible certificates received by the department will be retained by the department and a DUI Program provider who submits an incomplete or illegible certificate will be required to submit a fully completed and legible certificate in place of the incomplete or illegible certificate.
(j) The department will only accept from a DUI Program provider those completion certificates that the department has assigned and shipped to that DUI Program provider, or electronic completion certificates from those program providers that the department has authorized to submit completion certificates electronically.
(k) The department will not accept completion certificates that are submitted more than four years from the date they were issued by the program provider.



Note: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: Sections 1801, 1801.1, 13352, 13352.4, 13352.5, 13353.4 and 13353.45, Vehicle Code


s 120.01. Acquisition and Use of Proof of Enrollment Certificates.
(a) A Driving Under the Influence (DUI) Program provider shall use a Proof of Enrollment Certificate, DL 107 (Rev. 6/2002), obtained from the department only for submission to the department, for participants who are enrolled in a course of instruction offered by the DUI Program provider. Except as required by subdivision (d), a Program provider shall not issue, sell, loan, or transfer the enrollment certificates to any other DUI Program provider, program participant, person, or entity. The Proof of Enrollment Certificate, DL 107 (Rev. 6/2002), is herein incorporated by reference.
(b) A DUI Program provider may obtain enrollment certificates in packages of fifty (50) from the department's headquarters office. Requests for enrollment certificates shall be mailed to:
Department of Motor Vehicles Forms and Accountable Items Section, M/S G202 P. O. Box 932382 Sacramento, CA 94232-3820.
(1) The request to obtain enrollment certificates shall be made on a Request for DUI Program Forms, DL 101R (Rev. 04/2004), which shall be completed in full and shall include the name, license number, and address of the DUI Program, the printed name and original signature of the program director or any employee authorized by the DUI Program Director, and the quantity of enrollment certificates requested.
(2) The department shall mail the enrollment certificates only to the address of record for the DUI Program provider.
(c) The DUI Program provider shall maintain the pink copy of the Notice of Receipt of DUI Program Certificates, ADM 518A (New 5/2002), as proof of receipt of enrollment certificates as a business record for four years from the date the ADM 518A is issued.
(1) The DUI Program provider shall sign and mail back the white copy of the ADM 518A to the Department of Motor Vehicles' Forms and Accountable Items Section as evidence of receipt of the enrollment certificates.
(A) Until the department receives the white copy of the ADM 518A, the department will not authorize the acceptance of the enrollment certificates issued under that individual ADM 518A.
(B) If the department does not receive the copy of the signed ADM 518A from the DUI Program provider within eight weeks of the shipping date, the department may cancel the enrollment certificates shipped under that individual ADM 518A and those enrollment certificates will not be accepted by the department.
(d) When evidence of enrollment in a DUI Program is required by the Vehicle Code, and the program participant enrolls in a program, the DUI Program provider shall complete the DMV copy of the DL 107 and submit it directly to the department. The program provider shall also submit the court copy of the DL 107 to the court and give the participant the participant copy. The department will only accept the completed original DMV copy from the program providers as acceptable proof of program enrollment.
(1) DUI Program providers may submit completed enrollment certificates by express mail to:
Department of Motor Vehicles Mandatory Actions Unit 2570 24th Street -MS J 233 Sacramento, CA 95818.
(2) DUI Program providers may submit completed enrollment certificates by regular mail to:
Department of Motor Vehicles Mandatory Actions Unit P.O. Box 942890 Sacramento, CA 94290-0001.
(3) DUI Program providers who have been authorized by the department to submit enrollment certificates via electronic medium may submit enrollment certificates electronically to Department of Motor Vehicles as authorized.
(e) If an electronic enrollment certificate is submitted from a DUI Program that the department has authorized to submit enrollment certificates electronically, the participant's original signature will be captured on a Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW and retained by the DUI Program provider for the period required by Section 9866 of Title 9 of the California Code of Regulations. This document shall be made available to the department immediately upon request.
(f) The department will only accept enrollment certificates which contain all the information requested on the enrollment certificate. All incomplete certificates received by the department will be retained by the department and the DUI Program provider who submitted the incomplete certificates will be required to submit fully completed certificates in place of the incomplete certificates.
(g) The department will only accept from a DUI Program provider those enrollment certificates that the department has assigned and shipped to that DUI Program provider, or electronic enrollment certificates from those DUI Program providers that the department has authorized to submit enrollment certificates electronically.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1801, 1801.1, 13352(a)(3), 13352.5(a)(1), 13353.7 and 23152, Vehicle Code.


s 120.02. Lost or Stolen Notice of Completion Certificates or Proof of Enrollment Certificates.
The Driving Under the Influence (DUI) Program director shall report in writing to the department's Forms and Accountable Items Section any lost or stolen Notice of Completion Certificates, DL 101 (Rev 6/2003), or Proof of Enrollment Certificates, DL 107 (Rev 6/2002), not later than close of the business day following discovery of the loss or theft. The DUI Program Director shall report any lost or stolen completion or enrollment certificates to local police authorities and shall, in addition to retaining a copy in the DUI Program provider's business records, forward to the department's Forms and Accountable Items Section a copy of the police report within thirty (30) days of the discovery of the loss or theft.



Note: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: Sections 13352, 13352.5, 13353.7 and 13353.45, Vehicle Code.


s 120.04. Certificates Required for First Conviction of Driving Under the Influence.
(a) When the department receives notification from a court that a driver is convicted of a first offense for driving under the influence, the violation occured on or after January 1, 1995, and the court did not suspend the driver license, the department shall notify the driver of the date by which a Notice of Completion Certificate, DL 101 (6/2003), must be submitted to the department by a Driving Under the Influence (DUI) Program provider. If the certificate of completion is not received by the department by the date indicated in the notice, the department shall suspend the person's driving privilege until the certificate is received.
(b) The department shall determine the date the certificate of completion is due based on the DUI conviction date and the length of the DUI Program the court orders the driver to attend. The department shall determine the due date for completion of the program by adding 90 days to the conviction date (or the number of months of the court ordered program, if the program length exceeds 90 days) plus an additional 120 days to allow for enrollment in the program and submission of the certificate.
(c) If the driver requests and is granted a leave of absence from attendance in a DUI Program, pursuant to Section 9876.5 of Subchapter 4, Chapter 3, of Title 9, California Code of Regulations, so that the driver is unable to complete the DUI Program in time to meet the certificate due date, the program may notify the department of the leave of absence by sending a letter on business letterhead indicating the name, date of birth, and driver license number of the driver and the length of the leave of absence granted. Each driver's leave of absence reported must be reported individually in a separate letter and mailed within three business days of granting it. Upon receipt of the letter, if the driver has not yet been suspended pursuant to Vehicle Code Section 13352.4, the department will extend the due date by the period of time for which the leave was granted.



Note: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: Section 13352.4, Vehicle Code.


s 124.90. Alcohol Programs Pursuant to Section 23190(e) of the Vehicle Code.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 23190, Vehicle Code.


s 124.92. Termination of Suspension or Revocation.
(a) A person applying for termination of a suspension or revocation pursuant to Section 13353.5 of the Vehicle Code shall complete an Application for Termination of Action Section 13353.5 California Vehicle Code, DL 4006 (Rev. 11/2003). The DL 4006 shall be completed to include:
(1) The full name and birthdate of the individual.
(2) The California driver license number or file number assigned by the department in the absence of a California driver license number.
(3) The current home and day telephone numbers, if available.
(4) The current residence and mailing address.
(5) A statement authorizing the department to cancel any California Driver License issued to the applicant if the applicant's suspension or revocation is terminated as requested.
(6) A statement, signed and dated under penalty of perjury under the laws of California, that the individual is a resident of a state other than California, has read and understood Section 12505 of the Vehicle Code, regarding residency requirements and Section 13353.5 of the Vehicle Code, regarding termination of suspension or revocation for nonresidents; and that the information provided on the application is true and correct.
(b) All applications submitted pursuant to subdivision (a) shall include documented proof of out-of-state residency. Proof of out-of-state residency shall include one or more of the following documents in the name and current residence address of the applicant:
(1) Receipts for payment of resident tuition at a public institution of higher education or school records.
(2) Utility bills issued by a utility company.
(3) Documents issued by a licensing authority indicating a current application for a driver license in the state of residence.
(4) Tax records issued by a State or Federal agency.
(5) Home rental or leasing contracts, filing of homeowner's property tax exemption or homestead exemption certificate.
(6) Official voter registration documents.
(7) Official document issued by a governmental agency that can be used by the department to prove residency.
(c) Applicants who have received a prior termination of a suspension or revocation pursuant to Section 13353.5 of the Vehicle Code are not eligible to receive a subsequent termination of a suspension or revocation action pursuant to Vehicle Code Section 13353.5.
(d) Upon receipt of the completed DL 4006 and supporting documents, if the department determines that the driver meets the requirements of Section 13353.5 of the Vehicle Code, the suspension or revocation pursuant to Section 13352 or 13352.4 of the Vehicle Code may be terminated. Any other action against the driving privilege of the driver shall remain in full force until the driver meets the requirements for ending that action.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 516, 12505, 13352, 13352.4, 13353.4, 13353.5 and 15024, Vehicle Code.


s 124.93. Reissuance of California Driver License.
A driver whose suspension or revocation under Section 13352 or 13352.4 of the Vehicle Code was terminated pursuant to Section 13353.5 is not eligible for issuance of a driver license in California until:
(a) Payment of the reissuance fee imposed pursuant to Section 14904 of the Vehicle Code.
(b) The department determines that no grounds exist for refusal of a license.
(c) Three years have elapsed from the date of the termination or the driver completes the driving-under-the-influence program required pursuant to Section 13352 or 13352.4 of the Vehicle Code, submits a Notice of Completion Certificate (Form DL 101 (6/2003)) to the department, and submits proof of financial responsibility pursuant to Section 16430 of the Vehicle Code.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 13100, 13352, 13352.4, 13353.4, 13353.5, 14904 and 16430, Vehicle Code.


s 124.95. Restriction Fee.
Pursuant to Sections 13352, subdivisions (a)(3) through (a)(7), and 13352.5 of the Vehicle Code, a $15 restriction fee is required to be paid upon application for a restricted driver license. This fee is in addition to all other fees required by the Vehicle Code, and shall be paid prior to the issuance of a restricted driver license.



Note: Authority cited: Sections 1651, 13352 and 13352.5, Vehicle Code. Reference: Sections 13352 and 13352.5, Vehicle Code.


s 125.00. Definitions.
As used in this article, the following definitions shall apply:
(a) "Ignition interlock device" is a device designed to allow a vehicle ignition switch to start the engine when the breath alcohol concentration test result is below the alcohol setpoint, while locking the ignition when the breath test results is at or above the alcohol setpoint.
(b) The "alcohol setpoint" is the breath alcohol concentration at which the ignition interlock device is set to lock the ignition. The alcohol setpoint is the nominal lockpoint at which the ignition interlock device is set at the time of calibration. The lockout setting shall be at 0.03 percent breath alcohol concentration.
(c) "Bypass" of an ignition interlock device, as used in Vehicle Code Section 23575, shall mean the same as "circumvention" as contained in the federal model specifications for breath alcohol ignition interlock devices as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pages 11774-11787.
(d) To "tamper" with an ignition interlock device, as used in Vehicle Code Section 23575, means an overt, conscious attempt to alter, physically disable, or disconnect the ignition interlock device from its power source, and thereby allow a person with a breath alcohol concentration above the setpoint to start the engine. Examples of tampering with an ignition interlock device include, but are not limited to, the following:
(1) Altering the wiring of the vehicle which will allow the starting of the vehicle without blowing a passing test.
(2) Modifying the functionality of the breath unit.
(3) Altering, deleting, or modifying the electronic log.
(e) "Manufacturer" means any individual, partnership, or corporation engaged in the manufacturing or assembling of ignition interlock devices.
(f) An "authorized installer" is a designee of the manufacturer who is responsible for ensuring that the manufacturer's ignition interlock devices are properly installed, calibrated, serviced, and monitored; and is responsible for the completion of all required forms, and maintenance of all files.
(g) "Participant file" is a tangible file used to retain and maintain all records and documents directly associated with, but not limited to, the installation, calibration, servicing, monitoring and removal of the ignition interlock device(s) related to a program participant.
(h) "Electronic log" is a record of the vehicle use and interlock test results recorded by an ignition interlock device and shall mean the same as "data recording" as contained in the federal model specifications for breath alcohol ignition interlock devices published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pages 11774-11787.
(i) "Hardcopy" shall mean a legible, printed copy.



Note: Authority cited: Sections 1651 and 23575, Vehicle Code. Reference: Section 23575, Vehicle Code.


s 125.02. Certification of Ignition Interlock Devices.
An ignition interlock device shall not be installed, or used as part of a program for driving under the influence offenders unless the model or type of device has been certified by the department in accordance with the requirements of this article.
(a) An individual, partnership, or corporation may apply to the department for certification of an ignition interlock device by submitting a completed application to the department. A separate application is required for each model or type of device. A completed application shall contain the following:
(1) Form DL 9, Application for Certification of Ignition Interlock Device (REV. 4/2000). The application form shall contain the following information:
(A) The name of the individual, partnership, or corporation which manufactures the device.
(B) The name and model number of the device.
(C) The business address and telephone number of the manufacturer.
(D) The business name under which the device will be marketed.
(E) Information specific to the type of business entity. If a sole proprietorship, the name and address of the sole owner. If a partnership, the partnership name, and the name and address of each general and limited partner. If a corporation, the California corporation number and the name, address and title of each principal officer, director, or stockholder participating in the direction, control, and management of the policy of the business.
(F) A statement signed by the sole proprietor, each partner, or a corporate officer authorized to sign for the corporation (the corporate seal may be affixed), under penalty of perjury under the laws of the state of California, that all statements made on the application and all attachments to the application are true and correct.
(2) A detailed description of the device, including a photograph, drawing, or other graphic depiction of the device.
(3) Complete technical specifications describing the device's accuracy, reliability, security, data collection and recording, tamper detection, and environmental features.
(4) A complete and true copy of data from an independent laboratory demonstrating that the device meets or exceeds the minimum federal standards pursuant to Vehicle Code Section 13386(c). For purposes of this article, the term "independent laboratory" shall be interpreted to include any of the following, provided the laboratory is properly equipped and staffed to conduct laboratory tests on ignition interlock devices to ensure they meet the accuracy requirements and specifications provided in Sections 1 and 2 of the model specifications for breath alcohol ignition interlock devices as published as a Notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774-11787:
(A) a state-run laboratory
(B) a private laboratory which can demonstrate its capability to carry out the required tests
(C) a laboratory certified by a state department of Public Health to conduct chemical tests
(5) A certification on Form DL 28, Laboratory Report (REV. 3/2000), signed by an authorized official of the laboratory which tested the device, that the device was tested by the laboratory indicated in accordance with the federal regulations and that the device was found to satisfy the requirements of Sections 1 and 2 of the model specifications for breath alcohol ignition interlock devices as published as a Notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774-11787. The certification shall specify that the laboratory used properly maintained equipment, and trained personnel to conduct the tests, and that the test results are accurate. The Laboratory Report shall include the name, address and telephone number of the testing laboratory; the name, model number, and description of the device tested.
(6) A complete listing of all authorized installers' locations and their satellite locations that includes the name, Bureau of Automotive Repair number, telephone number, contact name, and hours of operation.
(7) A copy of the instructions that will be provided to authorized installers, including complete instructions for installation, operation, service, repair, and removal of the device.
(8) A copy of the written instructions that will be provided to participants who have the device installed.
(9) A certificate from an insurance company that the manufacturer holds product liability insurance and that the department is named as an additional insured. The policy limit shall be a minimum of one million dollars ($1,000,000). The liability insurance shall include coverage for manufacturing, defects in product design and materials, calibration, installation, and removal of devices. The certificate of insurance shall contain a statement that the insurance company will notify the department 30 days before cancellation of the insurance.
(10) A signed statement that the manufacturer shall indemnify and hold harmless the state of California, the department and its officers, employees and agents from all claims, demands, and actions, as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer relating to the installation, service, repair, use and removal of an ignition interlock device.
(11) A copy of the fee schedule or schedules adopted by a manufacturer and manufacturer's authorized installer pursuant to subdivision (f) of Section 13386 of the Vehicle Code. The fee schedule shall include provisions for the payment of the costs of the device by an applicant in amounts commensurate with the applicant's ability to pay. The fee schedule shall include the cost of all services provided, including standard charges for installation, service and maintenance, and removal of the devices, and any non-standard charges for service and maintenance of the devices.
(12) An imprint of the manufacturer's stamp. A manufacturer shall ensure that each authorized installer has the stamp of the manufacturer of the device, meaning a stamping tool, not an imprint.
(13) A manufacturer shall provide the department with a toll-free telephone number through which participants may be referred to the authorized installers.
(14) An application fee of $100.00.
(b) The department may have the laboratory test results reviewed, at the manufacturer's expense, by an agency or individual outside the department, and of the department's choice, when such review is deemed necessary to determine whether or not a device meets the requirements for certification.
(c) The department may require that manufacturers install devices on vehicles approved by the department to field test the devices.
(d) The department shall certify, or refuse to certify, a device within 90 days of receipt of a complete application. The department shall notify the manufacturer within 10 days of receipt of the application if the application is incomplete and shall specify what information or documents are needed to complete the application.
(e) An applicant who has not received notification within the time periods specified may file an appeal with the Secretary of the Business, Transportation and Housing Agency in accordance with Chapter 6 of Division 3 of Title 21 of the California Code of Regulations. If the Secretary finds that the department failed to provide the notification required within the time period specified without good cause, the department shall reimburse the applicant fully for all application fees paid.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 13386, Vehicle Code; and Sections 15374-15378, Government Code.


s 125.04. Modification of Certified Device.
A manufacturer shall notify the department in writing of any material modification or alteration in the components, design or installation and operating instructions of any device certified for use in this state. The manufacturer shall provide the department satisfactory proof (to include retesting by an independent laboratory, if required by the department), prior to the sale or distribution of a modified or altered device, that these modifications or alterations do not adversely affect the ability of the device to satisfy the requirements of the minimum federal standards pursuant to Vehicle Code Section 13386(c).



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.


s 125.06. Compliance with Changes in Certification Requirements.
(a) A manufacturer of an ignition interlock device certified by the department shall comply with any regulatory changes within 60 days from adoption for the device to remain certified.
(b) If there are any changes to the list of authorized installers, a manufacturer shall submit an updated list to the department within 10 days of the change.
(c) If there are any changes to an adopted fee schedule, a manufacturer shall submit the updated fee schedule to the department within 30 days of the changes.
(d) If there are any changes to the manufacturer's stamp, a manufacturer shall provide an imprint of the new stamp to the department 30 days prior to its use.
(e) If there are any changes to the toll-free telephone number, a manufacturer shall provide the new toll-free telephone number to the department 90 days prior to its use.
(f) If there are any changes to any information provided on the Application for Certification of Ignition Interlock Device form (DL 9) (REV. 4/2000), a manufacturer shall submit an updated application within 30 days of the changes.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.


s 125.08. Refusal, Suspension or Revocation of Device Certification.
(a) The department may refuse to certify a device, or may suspend or revoke the certification of a device and remove it from the list of certified devices, for any of the following reasons:
(1) Defects in design, materials, or workmanship of the device causing repeated failures of a device to function as intended.
(2) Termination or cancellation of a manufacturer's liability insurance.
(3) The manufacturer ceases to manufacture ignition interlock devices.
(4) Voluntary request by a manufacturer to cancel certification of a device.
(5) Violation of a provision of this article by a manufacturer or authorized installer.
(6) The manufacturer or certifying laboratory provides materially false or inaccurate information relating to the performance of a device.
(7) Modification or alteration of the components, design, or installation and operation instructions in such a way that the requirements of the minimum federal standards adopted in Vehicle Code Section 13386(c) are no longer satisfied.
(b) Suspension or revocation of certification shall be effective 30 days after written notification is sent to the manufacturer by certified mail. The notice of suspension or revocation shall specify the basis for the action.
(c) Within ninety days of the suspension or revocation of certification, the manufacturer shall be responsible for and shall bear the cost of removal of any and all de-certified devices and the replacement with a certified device regardless of the manufacturer of the device being substituted.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.


s 125.10. Referral to an Authorized Installer.
(a) A manufacturer shall only refer a driver participating in the ignition interlock program (a participant) to an authorized installer who meets the requirements in Sections 3363.1 through 3363.4 of Title 16 of the California Code of Regulations. The manufacturer shall also ensure that an authorized installer complies with the installation procedures established in Title 16 of the California Code of Regulations.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386(f), Vehicle Code.


s 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 verification of installation report upon installation of an ignition interlock device. When reporting verification of installation to the court, the installer shall complete a court-authorized verification of installation form. When reporting verification of installation for a department-restricted driver license pursuant to subdivisions (a)(3) through (a)(7) of Section 13352 of the Vehicle Code, the installer shall complete the Verification of Installation, form DL 920 (NEW 11/99) pursuant to Section 125.16 of this article (except as provided in Section 125.20(a)(7) of this article).
(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 for the participant and all persons who operate the vehicle on use of the device after it is installed in 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 file.
(G) If a participant fails to return the vehicle for recalibration within 60 days, and does not contact the installer to reschedule the appointment for service, the installer shall schedule another appointment within seven days of the missed appointment. The installer shall notify the participant of the new appointment by mail and by telephone, if possible. If the participant fails to keep the second appointment, and does not contact the installer to reschedule the appointment, the installer shall schedule a third appointment within seven days of the missed appointment. The installer shall notify the participant of the new appointment by mail and by telephone, if possible. If the participant fails to keep the third appointment, the installer shall report the participant's non-compliance to the department on the Notice of Non-Compliance, form DL 921 (NEW 11/99), pursuant to Section 125.18 of this article.
(H) 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 follow the procedure in subdivision (G) to determine non-compliance.
(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 Notice of Non-Compliance, form DL 921 (NEW 11/99) 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 23575 of the Vehicle Code, the installer shall report non-compliance to the appropriate court or the department within three working days.
(F) When reporting non-compliance 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.
(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 (NEW 11/99) pursuant to Section 125.20 of this article, shall be sent to the department, within three working days after removal of a device.
(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 an Ignition Interlock Notice of Removal form DL-922 (NEW 11/99) pursuant to s 125.20. Section II of the Ignition Interlock Notice of Removal form DL-922 (NEW 11/99) is not applicable for this type of removal. The installation of the new manufacturer's device shall be recorded on a Verification of Installation form DL-920 (NEW 11/99) pursuant to s 125.16. To substantiate that no break in service has occurred, the department copies of the Verification of Installation form DL-920 (NEW 11/99) and Ignition Interlock Notice of Removal form DL-922 (NEW 11/99) 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 s 125.12(c)(1).
(2) The device removal and installation shall be recorded and reported pursuant to the procedures described in s 125.12(c)(4).



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 13386 and 23575(g), Vehicle Code.


s 125.14. Installation Locations and Participant Files.
(a) Authorized installer installation locations may include mobile units or satellite locations for the installation, calibration, servicing, monitoring and removal of the devices.
(b) A manufacturer shall ensure that each authorized installer creates and maintains a participant file for each participant.
(c) A copy of all completed ignition interlock device program forms used by the court shall be included in the participant file.
(d) The department may obtain copies of participants' files directly from an authorized installer.
(e) The department may inspect the authorized installer's participant files or the installation locations during regular business hours.
(f) A manufacturer shall ensure that each authorized installer, after a device is removed, retains the participant's file for a minimum of five (5) years.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.


s 125.16. Verification of Installation.
(a) A participant shall submit the $15 fee specified in Section 124.95 of Title 13 of the California Code of Regulations and a Verification of Installation, form DL 920 (NEW 11/99) upon application for a restricted driver license pursuant to subdivisions (a)(3) through (a)(7) of Section 13352 of the Vehicle Code. This fee and form is in addition to all other application requirements. The Verification of Installation, form DL 920 (NEW 11/99), shall contain the following information:
(1) The stamp of the manufacturer of the device.
(2) The participant's name and driver license number.
(3) The participant's mailing address, and residence address, if different from the mailing address.
(4) The participant's birth date.
(5) The participant's home and work telephone numbers.
(6) The name of the manufacturer of the ignition interlock device installed.
(7) The installation location name, Bureau of Automotive Repair number, and address.
(8) The date the device was installed.
(9) The make, year, license plate number, and vehicle identification number of the vehicle in which the ignition interlock device was installed.
(10) The installer's printed name and a statement signed and dated by the installer, under penalty of perjury under the laws of the State of California, that the information provided on the form is true and correct.
(11) The installer's daytime telephone number.
(b) The Verification of Installation, Form DL 920 (NEW 11/99), may contain the date of the next monitor check.
(c) A manufacturer shall account for each Verification of Installation, form DL 920 (NEW 11/99), issued to the manufacturer. If any unused forms become lost, stolen, or misplaced the manufacturer shall immediately notify local law enforcement and provide written notification to the department.
(d) Completed copies of the Verification of Installation, form DL 920 (NEW 11/99), shall be distributed as follows:
(1) The original completed Verification of Installation, form DL 920 (NEW 11/99), shall be submitted to the department at a local field office, or mailed to the Department of Motor Vehicles, Mandatory Actions Unit, Mail Station J233, P.O. Box 942890, Sacramento, California, 94290-0001.
(2) One copy each shall be provided to the driver, the authorized installer of the device to include in the participant's file, and the manufacturer of the device or the manufacturer's agent, if applicable.



Note: Authority cited: Sections 1651, 13352 and 13386, Vehicle Code. Reference: Sections 1652, 13352 and 13386, Vehicle Code.


s 125.18. Notice of Non-Compliance.
(a) An installer shall submit to the department within three working days a Notice of Non-Compliance, form DL 921 (NEW 11/99), if an ignition interlock device indicates that the participant has attempted to remove, bypass, or tamper with the device, or if the participant fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device, pursuant to subdivision (g) of Section 23575 of the Vehicle Code. The Notice of Non-Compliance form, DL 921 (NEW 11/99), shall contain the following information:
(1) The participant's name and driver license number.
(2) The participant's mailing address, and residence address, if different from the mailing address.
(3) The participant's date of birth.
(4) The participant's home and work telephone numbers.
(5) The name of the manufacturer of the device.
(6) The installation location name, Bureau of Automotive Repair number, and address.
(7) The serial number of the device and the date the device was installed in the vehicle.
(8) The make, year, license plate number, and vehicle identification number of the vehicle with the ignition interlock device.
(9) Whether the installed device shows evidence of attempts to remove, bypass or tamper with the device, and the corresponding date or dates.
(10) Whether the participant failed three or more times to comply with the device maintenance or calibration requirements, and the corresponding dates of non-compliance.
(11) The installer's printed name and a statement signed and dated by the installer, under penalty of perjury under the laws of the State of California, that the information provided on the form is true and correct.
(12) The installer's daytime telephone number.
(13) The date the form is sent to the department.
(b) Completed copies of the Notice of Non-Compliance form, DL 921 (NEW 11/99), shall be distributed as follows:
(1) The installer shall submit the original completed Notice of Non-Compliance form, DL 921 (NEW 11/99), to the department. The installer may mail the form to the Department of Motor Vehicles Mandatory Actions Unit, Mail Station J233, P. O. Box 942890, Sacramento, California, 94290-0001, or fax the completed form to the department at (916) 657-6001.
(2) One copy each shall be provided to the driver, the authorized installer to include in the participant's file, and the manufacturer of the device or the manufacturer's agent, if applicable.



Note: Authority cited: Sections 1651 and 23575, Vehicle Code. Reference: Sections 1652, 13386 and 23575, Vehicle Code.


s 125.20. Notice of Removal.
(a) An installer shall submit to the department within three working days an Ignition Interlock Notice of Removal, form DL 922 (NEW 11/99), when the installer removes an ignition interlock device, pursuant to Section 125.12 of this article. The Ignition Interlock Notice of Removal, form DL 922 (NEW 11/99), shall contain the following information:
(1) The stamp of the manufacturer of the device.
(2) The participant's name and driver license number.
(3) The participant's mailing address, and residence address if different from mailing address.
(4) The participant's birth date.
(5) The participant's home and work telephone numbers.
(6) The date the ignition interlock device was removed.
(7) When an installer removes a devicefrom a participant's vehicle and reinstalls the device into another vehicle operated by the same participant, the removal and reinstallation is to be recorded by completing Section II "Removal/Installation Information." (continued)