WSR 99-01-156
PERMANENT RULES
WASHINGTON STATE PATROL
[Filed December 23, 1998, 9:10 a.m., effective January 1, 1999]
Date of Adoption: December 23, 1998.
Purpose: To amend chapter 204-50 WAC, Ignition interlock breath alcohol devices, to ensure compliance with federal standards.
Citation of Existing Rules Affected by this Order: Repealing WAC 204-50-060 Device accuracy and reliability; and amending chapter 204-50 WAC, Ignition interlock breath alcohol devices.
Statutory Authority for Adoption: RCW 46.04.215 and 46.37.005.
Adopted under notice filed as WSR 98-23-084 on November 17, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 11, repealed 1; or Recently Enacted State Statutes: New 0, amended 11, repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 11, repealed 1.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 46.04.215 to which this WAC applies, becomes effective January 1, 1999.
Effective Date of Rule: January 1, 1999.
December 23, 1998
Annette M. Sandberg
Chief
OTS-2349.3
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-010 Authority. This chapter is promulgated
pursuant to RCW 46.37.005 and ((chapter 247, Laws of 1987))
46.04.215.
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-010, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-020 Purpose. The purpose of this chapter is to
establish guidelines for certification, installation, repair, and
removal of ignition interlock breath alcohol devices, as required
by ((chapter 247, Laws of 1987)) RCW 46.04.215.
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-020, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-030 Definitions for words or terms used in this chapter. Alcohol - The generic class of organic compounds known as alcohols and, specifically the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be specifically for ethyl alcohol.
Approved service provider - The person or company who is approved by ESR to service, install, monitor, calibrate, and provide information on a manufacturer's devices based on certification to ESR by the manufacturer that the person or company is qualified and is properly trained to provide these services.
Breath or blood alcohol concentration (BAC) - ((The weight))
In this chapter means the amount of alcohol ((contained in a unit
volume of breath, measured in grams Ethanol/210 liters of breath
and expressed as %, grams % and % BAC. Breath alcohol
concentration shall be expressed as "% BAC.")) in a person's
blood or breath determined by chemical analysis, which shall be
measured by grams of alcohol per:
(a) 100 milliliters of blood; or
(b) 210 liters of breath.
Court (or originating court) - The particular Washington state court that has required the use of an ignition interlock breath alcohol device by a particular individual.
Certification - The testing and approval process required by
((chapter 247, Laws of 1987)) RCW 46.04.215.
Chief - The chief of the Washington state patrol.
Device - An ignition interlock breath alcohol device.
ESR - The equipment and standards review section of the Washington state patrol.
Interlock - The state in which a motor vehicle is prevented from starting by a device.
Lessee - ((The person ordered by a court to drive only
vehicles which have certified devices installed)) A person who
has entered into an agreement with a manufacturer or approved
service provider to lease a device.
Manufacturer - The person, company, or corporation who
produces the device, ((or a recognized representative.
OAC - The office of administrator for the courts)) and who
certifies to ESR that a service provider is qualified to become
approved by ESR to service, install, monitor, calibrate, and
provide information on devices.
Restricted operator - A person whose operating privilege is restricted to operating only motor vehicles equipped with an approved, functioning ignition interlock device or other approved, functioning biological or technical device.
Violation reset - The condition caused by the failure of the operator of the vehicles to perform a retest as required, or by the operator's inability to achieve such retest results at a level lower than the maximum allowable alcohol concentration as set by the originating court, the device and the vehicle in which it is installed must be returned to the manufacturer or approved service provider to be reset.
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-030, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 88-04-ESR, filed 7/18/88)
WAC 204-50-040 Testing and certification process. To be
certified, a device must meet or exceed the minimum test
standards ((listed in this chapter)) in sections one and two of
the model specifications for breath alcohol ignition interlock
devices (BAIID) as published in the Federal Register, Volume 57,
Number 67, Tuesday, April 7, 1992, on pages 11774 - 11787. Only
a notarized statement, from a laboratory capable of performing
the tests specified, will be accepted as proof of meeting or
exceeding the standards. The notarized statement shall include
the name and signature of the person in charge of the tests under
the following sentence:
Two samples of (model name) , manufactured by
(manufacturer) were tested by (laboratory) . They do
meet or exceed all specifications listed in ((chapter 204-50
WAC)) the Federal Register, Volume 57, Number 67, pages
11774 - 11787.
A list of laboratories performing the required tests shall be maintained by the ESR.
Upon receipt of a statement from a testing laboratory that
two samples of a device have successfully passed the test
procedures listed in this chapter, and confirmation that all
other requirements of this chapter have been met, the chief shall
issue a letter of certification for the device. ((A copy of each
certification letter will be forwarded to OAC.)) The letter of
certification shall be valid until voluntarily surrendered by the
manufacturer or until revoked by the chief for cause. Reasons
for revocation include but are not limited to:
(1) Evidence of repeated device failures due to gross defects in design, materials, and/or workmanship during manufacture, installation, monitoring, or calibration of the device such that the standards for accuracy and reliability of the devices for which the devices were tested are not being met (as determined by ESR);
(2) Evidence that the features and functionality of a manufacturer's devices are not being programmed properly by approved service provider(s) or are being circumvented by lessees such that the standards for anticircumvention for which the devices were tested are not being met;
(3) Any violation on the part of the manufacturer(s) or approved service provider(s) of any of the laws or regulations related to the installation, servicing, monitoring, and calibration of devices, including, but not limited to, "other provisions" listed in WAC 204-50-120;
(4) Notice of cancellation of manufacturer's and/or approved
service provider's required liability insurance is received;
((and
(3))) (5) Notification that the manufacturer is no longer in
business.
Unless necessary for the immediate good and welfare of the
public, revocation shall be effective ten days after
manufacturer's receipt of notice, which shall be sent via
certified mail, return receipt requested. A copy of each notice
of revocation shall be provided to ((OAC and lessees utilizing
the revoked device with notice to contact the manufacturer for a
replacement)) the originating court.
(6) Upon voluntary surrender, or revocation of a letter of
certification for a manufacturer's device, all like devices shall
be removed and replaced by a certified device, not later than the
end of the current calibration period. ((Manufacturers may
request a review of revocation. Such request shall be submitted
to the chief, in writing, within twenty days of revocation.))
(7) A manufacturer whose letter of certification has been revoked may request a review of revocation by submitting the request in writing to the chief within twenty days of receipt of notice of revocation.
(8) The ESR shall maintain a file of all ((existing))
current, revoked, and voluntarily surrendered letters of
certification.
[Statutory Authority: RCW 46.20.730. 88-15-050 (Order 88-04-ESR), § 204-50-040, filed 7/18/88. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-040, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 88-04-ESR, filed 7/18/88)
WAC 204-50-050 ((Test specifications.)) Modifications to a
certified device. ((The purpose of these test specifications is
to establish the accuracy and reliability of ignition interlock
breath alcohol devices only. This shall be accomplished by
performing no less than twenty tests utilizing simulators
containing the alcohol solutions of known concentrations.
Equipment and solutions
Equipment and procedures list:
(1) Simulators.
(a) The simulator will be clean.
(b) The simulator will be in good working order.
(i) To check motor, heater, and thermometer, fill glass jar
with 500 ml deionized or distilled water and reassemble.
(ii) Plug into 115 V line and after thirty minutes check
temperature: 34C ± 0.2. (Make sure mercury column in
thermometer is intact.) Check to make sure the stirrer is
stirring smoothly.
(iii) The simulator must be leakproof.
(c) Rinse simulator with appropriate alcohol reference
solution, then fill with 500 ml of the alcohol reference solution
and reassemble.
(d) Attach a one inch piece of Tygon or FDA vinyl tubing to
the simulator outlet and affix a saliva-trap mouthpiece. Attach
an eight inch piece of tubing to the inlet.
(e) Live breath or regulated, filtered, dried compressed air
will be introduced in the simulator according to the
manufacturer's specifications.
(f) Each simulator is labeled with the BAC value to three
decimal places, the batch number of the alcohol reference
solution and the date filled.
(g) A log will be kept of the test results.
(h) The solution in the simulator may be used for ten tests
and must be discarded after the tenth test.
(i) All simulator testing shall be conducted by using live
breath or regulated, filtered, dried, compressed air as the
source of air.
(2) Environmental chamber.
(a) Capacity to place complete units inside chamber to run
tests.
(b) Ability to maintain temperature during test at -20C,
0C, .+40C and.+ 70C.
(c) 20 - 25C tests can be run at room temperature outside
chamber.
(3) Standard alcohol reference solutions.
(a) Stock solution: Mix absolute ethanol with distilled or
deionized water at a ratio of 77.0 ml of ethanol diluted up to
one liter of water.
(b) Stock solution is stored in a well stoppered flask
labeled "stock solution" and "contains 77.0 ml (60.5 gm)
ethanol/L." The date prepared and initials of preparer.
(c) Standard alcohol reference solutions: Prepared from
stock solution by pipetting the requisite amount of the stock
solution into a volumetric flask and fill with distilled or
deionized water to the mark as given below:
(i) For 0.020% dilute at ratio of 2.0 ml, stock solution to
500 ml.
(ii) For 0.030% dilute at ratio of 3.0 ml, stock solution to
500 ml.
(iii) For 0.040% dilute at ratio of 4.0 ml, stock solution
to 500 ml.
(iv) The solution is thoroughly mixed by capping the
container securely and inverting at least twenty times.
(d) The exact concentration of the standard alcohol
reference solution shall be determined by titration using
Potassium Dichromate (NBS primary standard grade). This
standardized alcohol reference solution may then be used to
calibrate a gas chromatograph.
(e) The standard reference solution is stored in a glass
bottle with a tight fitting ground glass stopper or a teflon
coated screw cap.
(f) The container is labeled with batch number, solution
concentration in BAC, date prepared and the initials of the
preparer. This data shall be recorded and filed.
(g) The manufacturer may request aliquot samples of the
solutions for independent testing.
(4) Test procedures.
(a) Set up simulators with standard alcohol reference
solutions.
(i) Standard alcohol reference solution 0.020 % BAC, allow
to reach 34C ± 0.2C.
(ii) Standard alcohol reference solution 0.030 % BAC, allow
to reach 34C ± 0.2C.
(iii) Standard alcohol reference solution 0.040 % BAC, allow
to reach 34C ± 0.2C.
(b) Test set up.
(i) Alcohol devices shall not be modified.
(ii) Use one inch of tubing between simulator and saliva-trap mouthpiece. Attach the mouthpiece to the breath sampling
inlet.
(iii) Operate the device according to the manufacturer's
instructions.
(iv) Use new mouth piece and tubing after each sequence of
ten tests.
(v) Wait at least five minutes between each test to avoid
overloading sensors.
(vi) For the purposes of laboratory testing, the device may
give a "pass/fail" response when installed in a subject's
vehicle.
(5) Tests.
(a) Temperatures.
(i) 20-25C (room temperature)
(ii) 0C
(iii) -20C
(iv) .+40C
(v) .+70C
(b) Alcohol solutions.
(i) 0.000% BAC (distilled or deionized water)
(ii) 0.020% BAC ± .005%
(iii) 0.030% BAC ± .005%
(iv) 0.040% BAC ± .005%
(c) Number of tests.
(i) Accuracy: Five tests at each temperature and at each
concentration of alcohol solutions including 0.000% BAC.
(ii) Repeatability: Ten tests at 0.030% BAC ± .005%
repeated at least forty-eight hours later.
(iii) Ten breath tests on each of two interlock devices at
room temperature using a minimum of three human subjects having a
BAC in the range of 0.020% BAC and 0.040% BAC as measured in a
near simultaneous fashion using suitable evidentiary instrument
(e.g., Intoxilyzer, Model 5000).
(iv) Ten breath tests on each of two interlock devices at
room temperature using a minimum of three alcohol free human
subjects registering (blank) BAC values on a suitable evidentiary
instrument (e.g., Intoxilyzer, Model 5000).
(d) Criteria.
(i) 0.020% BAC, nineteen of twenty tests give "pass" i.e.,
allow car to start.
(ii) 0.030% BAC, nineteen of twenty tests will give "fail,"
i.e., not allow car to start.
(iii) 0.040% BAC, twenty of twenty tests give "fail," i.e.,
will not allow car to start.
(f) Nonalcoholic "bogus breath samples" for test purposes
shall be generated by the testing laboratory using three or more
of the following:
(i) Air compressor powered by a 12 v DC automobile battery.
(ii) Portable car vacuum cleaner.
(iii) Mylar plastic bag.
(iv) Rubber balloon.
The methods of interface to the device under test shall be
determined by the testing laboratory. At least three tests will
be run with each source of "bogus breath."
(g) Tests shall be conducted at room temperature to
determine whether the use of filters can remove alcohol from
breath sample thus circumventing the device. Cigarette filters
from "Carlton" or "Lark" cigarettes packed into a paper tube
shall be used for these tests.
(h) Test units shall meet performance of specifications at
room temperature after being subjected to a vibration of 10 g's
at 250 Hz for thirty minutes.
(i) Test devices shall meet performance specifications at
0C at an altitude equivalent to eight thousand feet.
(j) The device must allow the driver to "re-start" the
vehicle for a period of one minute after the ignition has been
shut off without requiring further testing of the driver.
(k) The device must purge any residual alcohol before
subsequent use.)) The manufacturer shall notify ESR, in writing,
of any material modification or alteration in the components
and/or the design of the certified device. Such modifications
shall warrant retesting of the device to ensure the modifications
or alterations do not adversely affect the ability of the device
to meet the specifications adopted in WAC 204-50-040.
[Statutory Authority: RCW 46.20.730. 88-15-050 (Order 88-04-ESR), § 204-50-050, filed 7/18/88. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-050, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-070 Variable calibration. To be certified, a
device must be capable of being preset, by the manufacturer or by
an approved service provider, to interlock when the breath sample
provided is at any level from .02 through .09% BAC (plus or minus
.003% BAC). The actual setting of each device shall be
determined by the originating court. The capability to change
this setting shall be made secure, by the manufacturer, ((to
prevent unauthorized adjustment of the device)) or by an approved
service provider. As guidance for the courts, the federal
specifications referred to in WAC 204-50-040 recommends an
interlock level of .025 BAC for the initial test and a fail level
of up to .02% higher for subsequent random retests.
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-070, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-080 Device maintenance and reports. (1) Each
lessee shall have the device examined by ((a factory
representative)) the manufacturer or by an approved service
provider for correct calibration and evidence of tampering
((every ninety)) at intervals not to exceed sixty-five days, or
more often as may be ordered by the originating court.
((A report on the results of each check shall be provided to
the originating court. The report shall reflect what
adjustments, if any, were necessary in the calibration of the
device, any evidence of tampering, and any other available
information the originating court may order.
An additional report shall be provided to OAC on a quarterly
basis summarizing all complaints received by the manufacturer for
each model or type of certified device. These reports shall be
categorized by:
(1) Customer error of operation.
(2) Faulty automotive equipment other than the device.
(3) Apparent misuse of attempts to circumvent the device
causing damage.
(4) Device failure due to material defect, design defect,
workmanship errors in construction, installation, or calibration.
Note: Complaints in this category shall be accompanied by a statement of the actions taken to correct the problem(s).))
(2) Examination shall include a physical inspection of the device, and its wiring, and the vehicle and its wiring for evidence of tampering or circumvention. Notation shall also be made of the vehicle's odometer reading.
(3) The device must be calibrated for accuracy according to the manufacturer's procedures. All data contained in the device's memory must be downloaded into a format from which the required reports can be generated.
(4) The manufacturer and/or approved service provider shall make a hard copy or electronic equivalent of the client data and the results of each examination. Any evidence of noncompliance, violations, or signs of tampering or circumvention shall be reported to the originating court in a format acceptable to the originating court. All information obtained as a result of each inspection shall be retained by the manufacturer or approved service provider for two years from the date the device is removed from the vehicle.
(5) The manufacturer and/or approved service provider must provide, upon request of the originating court, additional reports which may include, but are not limited to, the following: Proof of installation, removal, transfer of vehicle, vehicle information, compliance reporting, statements of charges and payments, service calls, lessee error of operation, device failure, faulty automotive equipment, and lessee demographic information. Such reports must be supplied in a format acceptable to the originating court, and at no cost to the originating court.
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-080, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-090 Device security. The manufacturer and its approved service provider(s) shall take all reasonable steps necessary to prevent tampering or physical circumvention of the device. These steps shall include special locks, seals, and installation procedures that prevent or record evidence of tampering and/or circumvention attempts. In addition, the approved service provider will affix to the device a label containing the following notation: "Warning - This device has been installed under court order. Attempts to disconnect, tamper with, or circumvent this device may subject you to criminal prosecution."
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-090, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-110 Mandatory operational features. Notwithstanding other provisions of this chapter, a certified device must comply with the following:
(1) The device shall be designed to permit a "restart"
within ((three)) two minutes ((without additional test)) of a
stall or when the ignition has been turned off.
(2) The device shall automatically and completely purge residual alcohol before allowing subsequent tests.
(3) The device shall be installed in such a manner that it will not interfere with the normal operation of the vehicle after it has been started.
(4) Each device shall be provided with ((a)) an ample supply
of disposable mouth pieces ((with saliva traps. The manufacturer
will ensure availability of additional mouth pieces)) designed to
minimize the introduction of saliva into the device.
(5) Each device shall be uniquely serial numbered. Along
with any other information requested by an originating court, all
reports to an originating court((, OAC, and/or ESR)) concerning a
particular device shall include the name ((and)), address, and
driver's license number of the lessee, the name of the
originating court, and the unique number of the device. The
name, address, telephone number (toll free, if not a local call
from the originating court), and contact person of the
manufacturer or approved service provider furnishing such report
shall also be included as part of the report.
(6) Each device shall record each time the vehicle is started, the results of the test, how long the vehicle was operated, and any indiction of bypassing or tempering with the device.
(7) Each device shall require the operator of the vehicle to submit to a retest within ten minutes of starting the vehicle. Retesting shall continue at intervals not to exceed sixty minutes after the first retest. The device shall be equipped with a method of immediately notifying peace officers if the retest above is not performed, or if the result of the retest exceeds the alcohol concentration as prescribed by the originating court. Examples of acceptable forms of notification are repeated honking of the vehicle's horn, repeated flashing of the vehicle's headlamps, or the wailing of a small siren. Such notification may be disabled only by switching the vehicles' engine off, or by the achievement of a retest at a level lower than the maximum allowable alcohol concentration as set by the originating court.
(8) In addition, if a retest is not performed when called for by the device, or if the operator is unable to achieve a retest at a level lower than the a maximum allowable alcohol concentration as set by the originating court, the device shall automatically enter a violation reset condition. A device which enters a violation reset condition and the vehicle in which it is installed, must be returned to the manufacturer or approved service provider to be serviced within five days or the device shall render the vehicle inoperable. The manufacturer or approved service provider shall notify the originating court of such violation reset conditions in a format acceptable to the originating court within five days of servicing the device.
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-110, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-120 Other provisions. Notwithstanding other provisions of this chapter, each manufacturer of a certified device, either on its own or through its approved service provider(s):
(1) Shall guarantee repair or replacement of a defective device within the state of Washington within a maximum of forty-eight hours of receipt of a complaint.
(2) Shall demonstrate to the satisfaction of ESR, a service delivery plan under which any restricted operator may obtain installation and routine service of that manufacturer's device within a seventy-five mile radius of his or her place of residence. Further, shall provide ESR, a map of the state of Washington showing the area covered by each approved service provider, and the name, address, and telephone number of each approved service provider. The manufacturer shall notify ESR of any changes to its service provider network within ten days of such change.
(3) Shall maintain a twenty-four hour, three hundred sixty-five days a year toll-free telephone number for lessees to call if they have problems with the device they have leased from the manufacturer or approved service provider. Calls must either be answered by a technician qualified to service the manufacturer's devices, or the call must be returned by a qualified technician within thirty minutes of the original call.
(4) Shall provide the originating court and the lessee a statement of charges clearly specifying warranty details, monthly lease amount, any additional charges anticipated for routine calibration and service checks and what items, if any, are provided without charge. To ensure equal accessibility of the benefits of this technology to all citizens of the state of Washington, such pricing shall be uniform state-wide, whether in urban or rural portions of the state.
(((3) Upon installation of each device, the manufacturer
will provide ESR with a copy of the statement of charges referred
to above. The statement shall include the name, address, and
telephone number of the lessee and the originating court.
(4))) (5) Shall provide the lessee written notice of any
changes in the statement of charges regardless of what person or
agency requested the change, prior to the implementation of such
changes.
(((5) Shall provide to all lessees at the time of
installation:
(a) A list of all calibration/service locations in the
continental United States. The list shall include the business
name, address, and telephone number of all such locations.
(b) A twenty-four hour telephone number to call for service
support for those who may be traveling outside service areas.))
(6) Shall provide to ((OAC and)) ESR proof ((of)) that the
manufacturer has products liability insurance coverage with
minimum liability limits of one million dollars per occurrence,
((with)) and three million dollar aggregate ((total)). ((The))
Liability covered shall include, but not limited to: Defects in
product design and materials, as well as workmanship during
manufacture, calibration, installation, ((and)) removal, and all
completed operations. ((The proof of insurance shall include a
statement from the insurance carrier that forty-five days notice
shall be given to ESR prior to cancellation.)) Such insurance
must be provided by a company licensed to offer such coverage in
the state, and such company shall include the state of Washington
as an additional insured, and shall agree to notify ESR not less
than thirty days before the expiration or termination of such
coverage.
(7) Shall provide ESR proof that each and every approved service provider has garage keepers liability insurance coverage with minimum liability limits of fifty thousand dollars. Liability covered shall include, but not be limited to, damage to lessee's vehicle and personal property while in the care and/or custody of the approved service provider. Further shall provide ESR proof that each and every approved service provider has completed operations insurance coverage with minimum liability limits of one million dollars per occurrence, and two million dollars aggregate. Liability covered shall include, but not be limited to, defects in materials and workmanship during installation, removal, service, calibration, and monitoring. All such insurance must be provided by a company licensed to offer such coverage in the state, and such company shall include the state of Washington as an additional insured, and shall agree to notify ESR not less than thirty days before expiration or termination of such coverage.
(8) Shall ((report to)) advise the originating court ((and
ESR any requests to disconnect or circumvent without court order
any device of their own or another manufacturer. Manufacturer
shall not comply with any such request.
(8) Shall advise the originating court prior to removing the
device under circumstances other than:
(a) Completion of sentence, or other terms of a court order.
(b) Immediate device repair needs.
Note: Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be utilized. Under no
circumstances shall a lessee's vehicle be permitted to be driven without a required device.))
prior to removing the device under circumstances other than:
(a) Completion of sentence or other terms of a court order.
(b) Immediate device repair needs. note: Whenever a device is removed for repair, and cannot be immediately reinstalled, a substitute device shall be utilized. Under no circumstances shall a restricted operator's vehicle be permitted to be driven without a required device.
(c) Removal of the device in order to switch it to a replacement vehicle to be operated by the restricted operator. Report of such a vehicle switch must be transmitted to the originating court within two business days of such a switch.
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-120, filed 12/9/87.]
AMENDATORY SECTION (Amending Order 87-05-ESR, filed 12/9/87)
WAC 204-50-130 Removal procedures. When so notified in
writing by the originating court, the manufacturer or its
approved service provider shall remove the device and return the
vehicle in normal operating condition. ((A)) The manufacturer or
its approved service provider shall provide any final report
(((see WAC 204-50-080) shall be forwarded to)) requested by the
originating court ((that includes a summary of all fees paid by
the lessee over the life of the contract)).
[Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-130, filed 12/9/87.]
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 204-50-060 Device accuracy and reliability.