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;
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.
