375-3-6-.06 Responsibilities of the Manufacturer of the Ignition Interlock Device
(1) Indemnification. A vendor and manufacturer shall indemnify and hold harmless the State of Georgia, the Department and its officers, employees and agents from all claims, demands, actions and costs whatsoever that may arise, directly or indirectly, out of any act or omission by the manufacturer.
(2) A manufacturer shall carry product liability insurance with minimum liability limits of one million (1,000,000) dollars per occurrence, with three million (3,000,000) dollars aggregate total. The liability insurance shall include coverage for defects in product design and materials as well as in the manufacturing, calibration, installation and removal of devices. The proof of insurance shall include a statement from the insurance company that thirty (30) days notice will be given to the Department before cancellation of the insurance. The manufacturer must provide documentation of the insurer's authorization to transact business in the State of Georgia.
(3) Modifications. A manufacturer shall notify the Department in writing of any material modifications or alteration in the components, design or installation and operating instructions of any device approved for use in this State. This notification shall also include satisfactory proof that these modifications or alterations do not adversely affect the ability of the device to satisfy the requirements of Section 375-3-6-.05.
(4) Upon request, the manufacturer shall make available to the city or county government or provider center a qualified service representative to demonstrate the product and provide the specifications and operational characteristics of the device.
(5) The manufacturer shall make available, whether leased or purchased to a certified provider, a device that has met all the requirements specified by the Department for certification. In no event shall a device be substituted, delivered, or offered to a provider that does not meet these requirements.
(6) The manufacturer shall instruct each provider center in the proper installation, calibration, maintenance and reading of the data stored in the device; to include, the recognition of techniques used in circumventing or tampering with the device and all other techniques, conditions or procedures necessary for the installation, maintenance, evaluation and operation.
(7) The manufacturer shall provide to the lessor or buyer of a device a manufacturer's warranty of at least one (1) year which will cover all maintenance and service required under normal use. If a device is no longer covered by a warranty and must be restored to an operational status, the manufacturer may charge a fee that is reasonable. The warranty or service work must be performed and returned to the provider center expeditiously.
Authority: O.C.G.A. §42-8-110, et seq.
Filed Date: 4/18/2006
Effective Date: 5/8/2006