(1)(a) As used in this section, “negative report” includes a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.
(b) The Department of Transportation may by rule further define what constitutes a test violation.
(2) This section applies only to a person who has had an ignition interlock device installed as a condition of a driving while under the influence of intoxicants diversion agreement under ORS 813.602 (3).
(3) After an ignition interlock device is installed, the provider that installed the device shall notify:
(a) The court that required the device to be installed or the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025; and
(b) The district attorney or city prosecutor.
(4) Notice of the installation must be given within seven business days of installing the ignition interlock device.
(5) Each time a provider has access to an ignition interlock device that the provider installed, the provider shall download all reports recorded on the device. If the provider downloads a negative report, the provider shall submit the negative report, in a form prescribed by rule by the department, to:
(a) The court that required the device to be installed or the court’s designee, including but not limited to an agency or organization certified by the Oregon Health Authority under ORS 813.025; and
(b) The district attorney or city prosecutor.
(6) The provider shall submit a negative report as provided in subsection (5) of this section within seven business days of downloading the report. [2015 c.577 §2]