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23.3.984    ADDITIONAL REQUIREMENTS

(1) Notwithstanding other provisions of this chapter, each manufacturer of a certified IID, either on its own or through a vendor approved to do so by the manufacturer must:

(a) guarantee repair or replacement of a defective IID within the state of Montana within a maximum of forty-eight hours of receipt of a complaint or known failure of an IID;

(b) demonstrate to the satisfaction of Motor Vehicle Division, a service delivery plan under which any restricted driver may obtain installation and routine service of that manufacturer's IID within a one hundred fifty-mile radius of his or her place of residence or to request a waiver of this requirement due to hardship;

(c) provide written notification of any changes to a manufacturer's service center network to the Motor Vehicle Division within seven days of such change;

(d) maintain a twenty-four hour, three hundred sixty-five days a year toll-free telephone number for lessees and/or restricted drivers to call if they have problems with a leased IID. Calls must either be answered by an individual who is able to make an initial identification of the problem, or the call must be returned within one hour of the original call. If the problem cannot be immediately resolved, the original call must be forwarded to an ignition interlock technician qualified to service the manufacturer's IIDs within 12 hours of the original call.

(2) The manufacturer or vendor must provide to the Motor Vehicle Division a certificate of insurance on or before the expiration date listed on the current valid certificate of insurance on file with the Motor Vehicle Division that the manufacturer has liability insurance coverage with minimum liability limits of one million dollars per occurrence and three million dollars aggregate.

(3) Liability coverage must include, but not be limited to: Defects in product design, materials, and workmanship during manufacture, calibration, installation, removal, and all completed operations. Such insurance must be provided by a company authorized to offer such coverage in the state, and such company must include the State of Montana as an additional insured, and must agree to notify the Motor Vehicle Division not less than thirty days before the expiration or termination of such coverage. Insurance coverage required in this section must be in addition to, and not considered a replacement for other coverage required by the Administrative Rules of Montana.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.

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