(ii) Within 5 minutes of that detection on any retest prompted by the BAIID the
person delivers a breath sample that the BAIID analyzes as having an alcohol level of
less than 0.025 grams per 210 liters of breath.
(b) The department may order the removal of the BAIID if the only instances
of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher
occurred within the first 2 months after the BAIID was installed.
(c) The person subject to using a BAIID shall obtain a BAIID report from every
manufacturer, installer, or service provider with which that person has had a BAIID
installed.
(d) Upon the request of a person subject to using a BAIID, the manufacturer,
installer, or service provider shall prepare and submit a BAIID report to the department
within 5 business days of the request on a form and in a manner prescribed by the
department.
(e) As directed by the department, the person subject to using a BAIID shall
submit the report required under this subrule to the department.
(f) A person subject to using a BAIID may be required to prove that he or she had
the BAIID for the minimum time period required by the act.
(14) Notwithstanding subrule (13) of this rule, at the conclusion of each 12-month
period that a person has a BAIID installed in a vehicle, and anytime a person subject to
using a BAIID causes a BAIID to be removed, the manufacturer, installer, or
service provider shall prepare and submit to the department a report on a form and in a
manner prescribed by the department, and shall provide a copy of the report to the
person subject to using a BAIID.
(15) At the request of the department, a manufacturer, installer, or service
provider shall provide any information and documentation relevant to the department's
monitoring of a person using a BAIID.
(16) A manufacturer, installer, or service provider shall not provide overrides or
override instructions to a person using a BAIID, or to someone on behalf of the person
using a BAIID, unless such override is permitted by the national highway traffic safety
administration's model specifications for BAIID, 57 Fed Reg 11772 (April 7, 1992), or
authorized by the department.
(a) If an override or override instruction is provided to a person using a BAIID or to
someone on behalf of the person using a BAIID, the manufacturer, installer, or service
provider shall service the BAIID within 24 hours and submit a report to the department
on a form and in a manner prescribed by the
department within 1 business day of the service.
(b) If the BAIID is installed in a vehicle that becomes inoperable or otherwise
unable to be serviced beyond 24 hours, the manufacturer, installer, or service provider
shall service the BAIID within 24 hours of the vehicle's return to operation.
(17) The department shall inform a BAIID manufacturer, installer, or service
provider when an order authorizing removal of a BAIID is issued. This subrule does
not apply unless the manufacturer, installer, or service provider requests, in a manner
prescribed by the department, to be informed when a BAIID removal authorization
order is issued.
(18) Unless otherwise provided in the act or these rules, this rule applies to any
BAIID the department is required to monitor under the act.
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