(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(e) 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.
Credits
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.
1. Renumbering of former section 100.92 to section 125.08, including amendment of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsection (a)(7) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 13, § 125.08, 13 CA ADC § 125.08
