23.3.965    MANUFACTURER OR VENDOR CERTIFICATION AND INSPECTION

(1) A manufacturer or vendor must submit an application to the Motor Vehicle Division requesting a letter of manufacturer or vendor certification to repair, install, remove, or service a certified IID.

(2) The manufacturer or vendor must:

(a) complete the Motor Vehicle Division application form;

(b) give the manufacturer or vendor's name, physical, mailing, and e-mail addresses, and phone number;

(c) give the manufacturer's representative's name, physical, mailing, and e-mail addresses, and phone number;

(d) give the vendor's name, physical, mailing, and e-mail addresses, and phone number;

(e) give a written statement from the manufacturer that authorizes the vendor to install the manufacturer's certified IID;

(f) give a certificate of insurance showing that they have adequate liability insurance;

(g) certify that each lease agreement for an IID:

(i) gives a warning that a person who knowingly tampers with, circumvents, or otherwise misuses the IID is subject to criminal prosecution;

(ii) describes all fees a lessee may be charged to install, remove, repair, or service an IID;

(iii) gives lessees a statement of charges clearly specifying warranty details, monthly lease amount, and any other fees charged by the manufacturer or vendor; and

(iv) gives 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.

(h) give a certification that the manufacturer or vendor services the entire State of Montana with a service center within 150 miles of any individual who must have an IID installed. If a manufacturer or vendor cannot give a fixed location for the 150-mile requirement, then a detailed statement on how the manufacturer or vendor gives service to all of the State of Montana, including mobile or mail programs. A manufacturer or vendor may request a waiver of this requirement due to hardship;

(i) give a written statement describing the calibration procedures and the interval the restricted driver must submit the IID for calibration and inspection;

(j) attach to the application a list of all service centers, including:

(i) the physical, mailing, and e-mail addresses, and phone numbers of each service center;

(ii) the service center's hours of operation;

(iii) the type of the certified IID serviced;

(iv) the type of calibration device used for the serviced IID;

(v) a copy of IID data reader download procedures; and

(vi) a list of all fees that may be charged to the lessee to install the manufacturer's certified IID.

 

History: 61-8-1025, MCA; IMP, 61-8-1025, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.