The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Applicant" means a service provider technician or state director who applies for a Virginia Intelligent Speed Assistance Program Certification Letter from the commission.

"Commission" means the Commission on Virginia Alcohol Safety Action Program (VASAP), as established pursuant to § 18.2-273.2 of the Virginia Code, or its designee.

"Department" means the Department of Motor Vehicles.

"Device" means an intelligent speed assistance device.

"Device certification" means the testing and approval process required by the Commission on Virginia Alcohol Safety Action Program for an intelligent speed assistance device.

"Device lock-out" means a function of the intelligent speed assistance device that disables the vehicle in which it is installed from accelerating.

"Dynamic speed zone" means an area where speed limits are temporarily adjusted to current conditions.

"Enrollment" means the submission of completed commission-required enrollment paperwork to the commission, the payment of applicable program fees by the offender to the commission, completion of the intelligent speed assistance education video, and the installation of an intelligent speed assistance device on each motor vehicle operated by, owned by, or registered to, the offender within 15 days of order of the court or DMV.

"Executive director" means the Executive Director of the Commission on Virginia Alcohol Safety Action Program.

"Intelligent speed assistance system" means a system that limits the speed at which a motor vehicle is capable of traveling based on the applicable speed limit where such motor vehicle is being operated. The intelligent speed assistance system is synonymous with intelligent speed assistance device as it pertains to this chapter.

"Intelligent speed assistance device event" means vehicle operator activity that is recorded by the intelligent speed assistance device.

"Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 of the Code of Virginia that provides probation, education, and rehabilitation services for persons referred by a court, the department, or any other source approved by the commission.

"Motor vehicle" means a motor vehicle as defined in § 46.2-100 of the Code of Virginia.

"Offender" means the individual required by the court, or the department, to enroll in and successfully complete the intelligent speed assistance program.

"Override" means a functionality of the intelligent speed assistance device that enables the vehicle in which the device is installed to operate at a speed above the posted speed limit for a set period of time.

"Program" means the Intelligent Speed Assistance Program established pursuant to § 46.2-507 of the Code of Virginia.

"Service facility" means the physical location where the service provider installs, services, and removes the intelligent speed assistance devices.

"Service provider" means an entity that provides installation, maintenance, and removal services of such devices and provides reporting related to device activity to the commission or local ASAPs. A "service provider" may also be the supplier or manufacturer of the device.

"Speed exceedance" means when a vehicle, with an intelligent speed assistance device installed, exceeds the posted speed limit where it is operating for a minimum of five seconds. Each time a speed limit is exceeded shall be considered a unique speed exceedance event.

"State director" means a service provider employee who provides oversight of the service provider's intelligent speed assistance operations in Virginia.

"Successful completion" means successful completion of intelligent speed assistance program requirements as stated in 24VAC35-90-130 A.

"Tampering" means an attempt to bypass, disable, or circumvent the legal operation of the intelligent speed assistance device or any of its components installed on a motor vehicle.

"Technician" means a service provider employee who installs, services, or removes intelligent speed assistance devices.

"Violation" means attempted tamper, bypass, or circumvention of an intelligent speed assistance device or failure to complete any other requirements of the Intelligent Speed Assistance Program required by commission policies, procedures, and regulations or requirements of the Code of Virginia, and if applicable, requirements of the court order referring the offender into the intelligent speed assistance program.

"Virginia Intelligent Speed Assistance Certification Exam" means an exam administered by the commission to service provider state directors and service provider technicians that must be successfully completed and submitted as a component of an application for a "Virginia Intelligent Speed Assistance Certification Letter."

"Virginia Intelligent Speed Assistance Certification Letter" means a letter issued by the commission to a service provider technician or a service provide state director authorizing the technician or state director to perform intelligent speed assistance services in Virginia.

A. Intelligent speed assistance devices are required:

1. When ordered by a court of proper jurisdiction pursuant to § 46.2-393, 46.2-394, 46.2-398 or 46.2-865 of the Code of Virginia; or

2. When administratively ordered by the department pursuant to § 46.2-506 of the Code of Virginia.

B. When any person is ordered into the intelligent speed assistance program by the court or the department, they shall be required to enroll at the commission in order to enter into the Intelligent Speed Assistance Program and complete the required installation period. The commission may, in its discretion, modify the referral and offender fee distribution process for the Intelligent Speed Assistance Program if the commission elects to partially or fully include local ASAPs in the referral process.

A. The commission shall issue a request in compliance with Virginia procurement procedures to contract with intelligent speed assistance service providers for the services and commodities required for the implementation and maintenance of Virginia's intelligent speed assistance program. Contracts will be for a length of time established by the commission. Absent exigent circumstances necessitating additional providers or services, the commission shall not enter into additional contracts with service providers except during a procurement period where the commission is reviewing service provider contracts for approval.

B. The provision of intelligent speed assistance program services shall be restricted to the authorized service provider; subcontractors will not be permitted to provide such services. The prohibition on subcontracting to the consumer is an integral part of ensuring expertise with the product and the service and protecting offender confidentiality and the chain of evidence for court testimony and evidentiary procedures.

C. A service provider seeking to contract with the commission shall:

1. Demonstrate a dedication to the installation and maintenance of intelligent speed assistance devices through company history, expertise, and other examples of professional practice;

2. Demonstrate an ability to supply and train staff and service facility supervisors to ensure good customer service and compliance with Virginia law, intelligent speed assistance device regulations, and all contract requirements. This includes:

a. Ensuring that technicians and state directors are appropriately trained and able to provide expert or other required testimony in any civil, criminal, or administrative proceedings as to the method of manufacturing the device, intelligent speed assistance device functionality, and the testing protocol by which the device is serviced;

b. Providing a completed application for state certification to the commission to perform intelligent speed assistance services for all technicians and state directors seeking to work in Virginia; and

c. Identifying all key personnel who will be providing intelligent speed assistance services for Virginia and furnish the commission with credentials on these personnel.

3. Submit a description of the service provider's plan to be approved by the commission, for distribution of the device in all locations of Virginia where intelligent speed assistance services will be performed. The plan must:

a. Indicate that at least one physical speed assistance service facility shall be located within a 50-mile radius of every residence in Virginia unless otherwise authorized by the commission. In the event of a facility closure that results in a service provider's failure to have a service facility within a 50-mile radius, the plan must also include details of how the service provider will remedy such a situation within 90 days of such closure; and

b. Provide the commission all service facility days and hours of operation and provide a plan to update the commission within 24 hours of any changes to those days and hours.

4. Submit sufficient documentation to enable the verification of adequate insurance covering liability related to intelligent speed assistance operations, services, and equipment, including coverage in Virginia, with a minimum policy limit of $1 million per occurrence and $3 million general aggregate total. The service provider's liability insurance shall be primary above all other available insurance and shall so stipulate in the "other insurance" or other applicable section of the service provider's insurance contract. The service provider shall provide a signed statement from the manufacturer holding harmless Virginia and the commission and its members, employees, and agents from all claims, demands, and actions as a result of damage or injury to persons or property that may arise directly or indirectly out of an act or omission by the manufacturer or its service provider relating to the installation, service, repair, use, or removal of an intelligent speed assistance device. Coverage shall extend to any action taken or not taken by local ASAPs or the commission due to verified errors in reporting of intelligent speed assistance activity by the service provider;

5. Submit documentation that the service provider will provide a full-time intelligent speed assistance state director who will oversee intelligent speed operations in Virginia. The state director may also serve as a service provider state director for ignition interlock and remote alcohol monitoring operations in Virginia. Among other duties, the state intelligent speed assistance director will be expected to (i) respond promptly to problems in the field; (ii) upon request of the commission, testify before applicable courts, the General Assembly of Virginia, or the commission; (iii) assist and provide training to the commission, local ASAPs, and other stakeholders as requested by the commission; and (iv) be responsible for quality control reports and statistics, updates to all required documentation, and field services reporting and repairs. In the event of a state director vacancy, service providers shall submit to the commission the name of an interim state director within 10 days of the vacancy and the name of a permanent state director within 90 days of the vacancy; and

6. Certify that the service provider does not and will not discriminate against an employee or applicant for employment due to race, religion, color, sex, national origin, age, disability, or other basis prohibited by state or federal law relating to discrimination in employment. The service provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Furthermore, the service provider in all solicitations or advertisements for employees placed by or on behalf of the service provider shall state that the contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subdivision.

D. Provided that all vendor and device certification requirements are met, the commission may contract with those service providers and may approve multiple makes and models of intelligent speed assistance devices for use in Virginia.

Each intelligent speed assistance service facility shall be inspected and certified by the commission prior to opening and at least annually thereafter. Intelligent speed assistance service facilities shall:

1. Comply with all local business license and zoning requirements and with all federal, state, and local health, fire, and building code requirements. Prior to the jurisdictional compliance deadline, a copy of a valid business license or business license payment receipt, and tax document shall be posted in a conspicuous place at the service facility immediately upon receipt when applicable;

2. Comply with all local, state, and federal laws pertaining to the provisions of physical access to persons with disabilities;

3. Maintain offender records in a manner that complies with federal confidentiality and state records retention guidelines. All offender files, payment receipts, and other identifying information located at an intelligent speed assistance facility shall be in locked filing cabinets when unattended by a technician. Storage of files elsewhere may occur if they are stored in locked filing cabinets in one centralized location in Richmond, Virginia or electronically stored as long as all data is encrypted and secured to prevent third party access;

4. Require and enforce maintenance of a drug-free workplace and have posted in a conspicuous place available to employees and applicants for employment a statement notifying employees that the manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the service provider's workplace. The notice shall specify the actions that may be taken against employees for violations of the policy;

5. Notify offenders and the commission of any pending closure date of an intelligent speed assistance facility and provide the address of an alternate intelligent speed assistance service facility within 15 days of the closure date;

6. Ensure that employees maintain a professional appearance and are attired in such a manner as to be readily identifiable as service provider employees;

7. Ensure that the locations where intelligent speed assistance services are performed are tidy and pose no hazards to public safety; and

8. Provide the commission a minimum of 20 days of notice prior to the scheduled opening date of a new location. This requirement allows the commission reasonable time to schedule an inspection and approve the new facility as part of the certification process prior to opening for intelligent speed assistance services.

A. All intelligent speed assistance devices used in Virginia shall be certified by the commission. The commission shall maintain a list of approved intelligent speed assistance devices.

B. A service provider seeking to have an intelligent speed assistance device certified by the commission shall submit:

1. The name and address of the intelligent speed assistance device service provider;

2. The name and model number of the intelligent speed assistance device;

3. The name and address of the intelligent speed assistance manufacturer; and

4. A detailed description of the device, including drawings; wiring protocols, if applicable; and instructions used in installation.

C. The service provider shall provide literature promoting its device to the commission for approval prior to dissemination to the public.

D. The service provider shall provide a certification report that the intelligent speed assistance device conforms to the minimum specifications set forth by the commission. Included with the certification report should be the name and location of the testing facility, the address and telephone number of the testing facility, and the names and qualifications of the individuals performing the tests. At a minimum, the following specifications shall be met:

1. The intelligent speed assistance device shall work accurately and reliably in an unsupervised environment at minimal inconvenience to others.

2. The internal memory of the intelligent speed assistance device shall be capable of recording and storing a minimum of 500 remote intelligent speed assistance events.

3. The service provider shall minimize opportunities for intelligent speed assistance devices to be bypassed, circumvented, or tampered with and provide evidence that such device has not been bypassed, circumvented, or tampered with while installed.

4. The intelligent speed assistance device shall be capable of providing an accurate measure of speed and recording each attempt to bypass, circumvent, or tamper with such intelligent speed assistance device.

5. The intelligent speed assistance device shall be produced by a manufacturer that maintains certification by the current International Organization for Standardization (ISO) 9001 Quality Management Systems for aspects related to the design and manufacture of intelligent speed assistance devices.

6. The intelligent speed assistance device shall not impede the safe operation of the motor vehicle.

7. The intelligent speed assistance device shall be manufactured or distributed by an entity that is responsible for the installation, maintenance, removal, and user training of such intelligent speed assistance systems.

8. The intelligent speed assistance device shall operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards.

9. The intelligent speed assistance device shall be distributed by an entity that is adequately insured against liability per 24VAC35-90-30 C 4, including product liability and liability against installation, maintenance, and removal errors.

10. The service provider shall provide for an electronic log of the driver's experience with such intelligent speed assistance devices with an information management system capable of electronically delivering information to the commission within 24 hours of the collection of such information from the data logger. For the purposes of this subdivision, "driver experience" means the reporting to the commission by the service provider ignition on and ignition off vehicle events, any speed exceedance events along with the applicable speed limit, the amount of time the speed limit was exceeded, the maximum speed during the event, and the GPS location of each speed exceedance.

11. The intelligent speed assistance device shall be able to be successfully installed and operate effectively in all makes and models of vehicles to include motorcycles.

12. The intelligent speed assistance device shall limit the speed at which the motor vehicle in which the device is installed is capable of traveling based on the applicable speed limit where such motor vehicle is being operated.

13. The intelligent speed assistance device shall provide an immediate tamper alert to the service provider. for the purposes of this subdivision, "tamper alert" means an alert provided to a service provider indicating a power loss to, tampering with, bypass of, or circumvention of the intelligent speed assistance device.

14. In situations where the vehicle is entering a speed zone that is less than the speed zone the vehicle is operating in, the intelligent speed assistance device shall have the ability to record each instance the vehicle exceeds the speed limit of the lower posted speed zone and the duration of time it was exceeded resulting in activation of recall mode as a speed exceedance event.

15. The intelligent speed assistance device shall have the ability to limit speeds based on internal mapping features or limit the vehicle's speed to the last known speed in instances where the device's location determination ability is temporarily unavailable. The device's internal mapping features shall be updated on a regular basis.

16. The intelligent speed assistance device shall provide a visual or audible signal to the offender alerting of an upcoming decrease in posted speed limit although offenders are required to obey posted speed limit signs at all times.

17. The intelligent speed assistance device's display shall be securely fastened to the vehicle as to limit instances of falling or being dislodged.

18. The intelligent speed assistance device shall identify and apply the speed limit in which the vehicle, that has the device installed, is operating at least once every five seconds.

19. The intelligent speed assistance device will store speed limit data and road maps internally to ensure uninterrupted functionality, dynamic speed zones excepted.

20. The intelligent speed assistance device shall possess an override function that permits the vehicle to exceed the posted speed limit for a set period of time. No override of the device shall exceed 30 seconds in duration and shall not permit the vehicle to operate more than five miles per hour over the posted speed limit. Overrides of the device shall only be used when necessary for safe operation of the vehicle and the device shall be limited to two override occurrences per drive cycle. For the purposes of this subdivision, "drive cycle" means the duration equal to the time from a vehicle's engine on to engine off.

21. The intelligent speed assistance device shall minimize attempts to be circumvented by cruise control by providing a signal to the cruise control to deactivate without physically activating the braking system of the vehicle. In situations where this is impossible, the service provider shall report as a violation any event where a speed exceedance recorded on the intelligent speed assistance device occurs.

22. The intelligent speed assistance device shall record as a violation any attempt to bypass, tamper, or circumvent the intelligent speed assistance device or any speed exceedance event and each shall be reported by the service provider to the commission. Speed exceedance events reported to the commission shall include the applicable speed limit, the amount of time the speed limit was exceeded, the maximum speed of the vehicle during the event, and the GPS location of the event.

E. Intelligent speed assistance devices that have been approved by the commission shall have affixed a warning label with the following language: "Any person tampering with or attempting to circumvent this intelligent speed assistance system shall be guilty of a Class 1 misdemeanor and, upon conviction, be subject to a fine, incarceration, or both." The cost and supply of the warning labels to be affixed to the intelligent speed assistance devices shall be borne by the service provider. The service provider shall submit to the commission a prototype of the warning label for approval.

F. Additional technical specifications for the operation and installation of the intelligent speed assistance device may be described in the contract between the commission and the service provider.

G. The service provider shall notify the commission in writing if the approval or certification of a device that is approved or has been submitted for approval for use in Virginia is or ever has been denied, withdrawn, suspended, or revoked in another state, whether the action occurred before or after approval in Virginia. This notification shall be made in a timely manner, not to exceed 15 days after the service provider has received notice of the denial, withdrawal, suspension, or revocation of approval or certification of the device, whether or not the action will or has been appealed.

A. Service provider technicians and state directors are required to possess a Virginia Intelligent Speed Assistance Certification Letter to perform any intelligent speed assistance services in Virginia. A newly hired service provider technician or state director, however, may perform intelligent speed assistance services under the direct supervision of a certified technician or state director for training purposes for up to 90 days prior to obtaining a Virginia Intelligent Speed Assistance Certification Letter. The executive director may, in their discretion, grant a written extension of the 90-day period for good cause shown. In order to apply for a certification letter, service providers shall submit a completed application to the commission for approval of a newly hired service provider technician and state director. The completed application shall include submission of:

1. An official written request to certify a technician or state director;

2. A complete local and national criminal history check;

3. A complete driver's record; and

4. Documentation issued by the commission of successful completion of the Virginia Intelligent Speed Assistance Device Certification Exam.

Failure to submit a completed application will result in disqualification from consideration for a Virginia Intelligent Speed Assistance Certification Letter by the commission to perform intelligent speed assistance services in Virginia.

B. Applicants shall be required to complete a Virginia Intelligent Speed Assistance Certification Exam. Successful completion of the exam requires a score of 80% or better. Applicants who fail to successfully complete the state certification exam on the first attempt shall be allowed a second opportunity to successfully complete the exam. Applicants who fail to successfully complete the state certification exam on the second attempt shall not be allowed to reapply to provide intelligent speed assistance services for Virginia for six months from the date of the second failed exam. Service providers shall be required to pay an administrative fee, as provided in 24VAC35-90-120 B 3, to the commission for all second and subsequent attempts to successfully complete the state certification exam. Applicants who successfully pass the state certification exam will receive documentation of successful completion from the commission that shall be submitted with the application for the Virginia Intelligent Speed Assistance Certification Letter to perform intelligent speed assistance services in Virginia.

C. The executive director may deny, revoke, suspend, or terminate a Virginia Intelligent Speed Assistance Certification Letter for a service provider technician or state director for any of the following reasons:

1. Having been convicted of a felony;

2. Having been convicted of a misdemeanor potentially punishable by confinement;

3. Committing an unethical, deceptive, or dishonest act that negatively impacts the integrity of the Intelligent Speed Assistance Program;

4. Failing to demonstrate sufficient knowledge or skill required to perform intelligent speed assistance services in Virginia;

5. Material misstatement or omission in an application; or

6. Defrauding any offender, service provider, person, or entity in the conduct of the service provider's business.

7. Having previously demonstrated conduct, performance deficiencies, or professional misconduct while employed by or affiliated with another employer, contractor, agency, or service provider that reasonably indicates the applicant may be unable or unwilling to perform the duties required by certification in a competent, ethical, or compliant manner. In making such determination, the executive director may consider, but is not limited to considering, documented disciplinary actions, substantiated complaints, termination for cause, repeated performance deficiencies, violations of professional standards, or other credible evidence of conduct that adversely reflects on the applicant's reliability, integrity, or ability to comply with applicable laws, regulations, or program requirements.

A service provider technician or state director whose Virginia Intelligent Speed Assistance Certification Letter has been denied, revoked, suspended, or terminated may request administrative review by the agency in accordance with the Administrative Process Act (§ 2.2-4000 et. seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. In the event that the decision to suspend or revoke the Virginia Intelligent Speed Assistance Certification Letter of a service provider technician or state director is upheld, the service provider technician or state director shall not perform remote alcohol monitoring services in Virginia for the entire suspension period, or in the case of a revocation or termination, on a permanent basis. This prohibition includes any period during which the denial, suspension, revocation, or termination is being contested.

D. Once the completed application has been approved by the commission and all other qualifications have been met by the applicant, a Virginia Intelligent Speed Assistance Certification Letter to perform intelligent speed assistance services in Virginia shall be issued to the applicant by the commission. The certification letter shall contain the effective date of the letter and a certification number specific to the applicant. The certification letter will be valid for a time period specified by the commission unless otherwise suspended, revoked, or terminated. In the event that an applicant is not approved for a Virginia Intelligent Speed Assistance Certification Letter to perform intelligent speed assistance services in Virginia, the commission will notify the service provider in writing within 10 days of the determination. The Virginia Intelligent Speed Assistance Certification Letter is subject to review by the commission at its discretion during the course of the certification period.

E. If applicable, an application to renew a Virginia Intelligent Speed Assistance Certification Letter for an intelligent speed assistance service provider technician or state director shall be submitted 30 days prior to the expiration date printed on the current certification letter. A service provider technician or state director who has had a state certification revoked or terminated shall be ineligible to reapply for a Virginia Intelligent Speed Assistance Certification Letter unless otherwise approved by the commission.

F. Service providers shall provide notification, within 15 days, to the commission when a technician or state director is no longer employed with the service provider.

G. Service providers are required to notify the commission in writing of any employee who is no longer an employee of the service provider within 48 hours of the employment end date of a service provider technician or state director. Any service provider technician or state director whose employment ends for any reason, whether voluntary or involuntary, shall have their Virginia Intelligent Speed Assistance Certification Letter automatically expire on the date of separation. Any individual whose certification expires under this provision must complete the applicable certification requirements of this section at the time of re-employment with any service provider in order to be re-certified.

H. In addition to the successful completion of the Virginia Intelligent Speed Assistance Certification Exam required for application, the commission may order that a certified technician or state director already performing intelligent speed assistance services in Virginia review requirements and retake the state certification exam to demonstrate that the technician or state director possesses the knowledge required to perform intelligent speed assistance services. An exam retake fee is not applicable in this circumstance.

A. The commission may indefinitely suspend or revoke certification of an intelligent speed assistance device or service facility. In addition, the Executive Finance Committee, which is the advisory subcommittee of the commission composed of the executive director and such members as the commission may designate that is authorized to take action on behalf of the commission for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight for a period not to exceed 90 days, may suspend or revoke certification of a intelligent speed assistance device or service facility for the following reasons:

1. When there is a voluntary request by a service provider to cancel certification of a device;

2. When a device is discontinued by the service provider;

3. When the service provider's liability insurance is terminated or canceled, or in cases where the service provider is responsible for the liability insurance, the insurance is canceled and not remedied by the service provider within three business days;

4. When the service provider attempts to conceal its true ownership;

5. When materially false or inaccurate information is provided relating to a device's performance standards by the service provider;

6. When there are defects in design, materials, or workmanship causing repeated failures of a device;

7. When a service provider knowingly permits a noncertified employee to perform work who are not within the first 90 days of employment with the service provider and working alongside a certified service provider employee;

8. When a service provider assists users with circumventing or tampering with a device;

9. When a service provider fails to fully correct an identified intelligent speed assistance facility noncompliance issue within a timeframe specified by the executive director;

10. When there is a pattern of identified intelligent speed assistance facility noncompliance issues;

11. When a service provider impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission involving customer service issues or other complaint brought forward by a third party;

12. When there is an identified public safety or offender confidentiality issue at a intelligent speed assistance service facility; or

13. When the manufacturer of the intelligent speed assistance device fails to maintain annual certification with the International Organization for Standardization (ISO) 9001 Quality Management System (QMS) for aspects related to design, maintenance, and distribution of an intelligent speed assistance device.

B. In addition to reasons outlined in subsection A of this section, certification of a device may be suspended or revoked as provided for in subsection A of this section for failure to maintain any requirements of its certification identified in either the contract with the service provider or 24VAC35-90-50.

C. In addition to reasons outlined in subsection A of this section, certification of a service facility may be suspended or revoked as provided for in subsection A for failure to maintain any requirements of its certification identified in either the contract with the service provider or 24VAC35-90-40.

D. If a suspension or revocation of an intelligent speed assistance device or service facility certification occurs, the service provider may request administrative review by the agency in accordance with the Administrative Process Act (§ 2.2-4000 et. seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. The suspension or revocation shall remain effective during any appeal process. Should a revocation of certification be upheld, the service provider whose device has been revoked (i) shall be responsible for removal of all devices installed and serviced by the service providers that are subject to the revocation and (ii) will bear the costs associated with the required removal and installation of new approved devices. In addition, the service provider whose device or facility is subject to the revocation shall continue to provide services for these offenders for a time to be determined by the commission, but no longer than 90 days.

E. When the certification of an intelligent speed assistance device or intelligent speed assistance service facility is suspended or revoked, service providers shall continue provide services to intelligent speed assistance offenders; however, no new intelligent speed assistance installations shall be permitted during the period of suspension.

F. If a service provider terminates the contract or goes out of business, the service provider shall be responsible for removal of all of its devices operational in Virginia and shall bear the costs associated with required offender transfers to new approved devices. In addition, if a service provider terminates the contract or goes out of business, the service provider shall continue to provide services for 90 days after notification to the commission that services will be terminated in Virginia unless otherwise approved by the commission.

A. No offender who has a case pending in the court system shall have an intelligent speed assistance device installed in Virginia unless enrolled in and monitored by the commission. Offenders subject to a department administrative intelligent speed assistance requirement shall not have an intelligent speed assistance device installed in Virginia unless first authorized by the commission. Prior to installation of the device, the vendor must receive written or electronic authorization from the commission. This section also applies to out-of-state offenders who have a Virginia intelligent speed assistance device requirement. This enables the commission to maintain consistency in policy and use of intelligent speed assistance devices in Virginia and allows for a consistent pattern of instruction to the service provider.

B. The intelligent speed assistance device shall be installed by the commission-approved service provider, within 15 days of the date of the court or department order; if not, the service provider shall notify the commission. Once the intelligent speed assistance device has been installed, the service provider shall send an authorized installation report to the commission via a method established by the commission documenting that the intelligent speed assistance device has been installed and calibrated. Once verification of an authorized installation has been received by the commission, the department shall be notified that the offender has successfully installed the intelligent speed assistance device.

C. All agreements between the service provider and the offender shall be in the form of a contract and signed by the service provider and the offender. Copies of the written contract shall be retained by the service provider with a copy given to the offender.

D. Prior to installation of the intelligent speed assistance device, offenders shall provide to the service provider:

1. A photo identification. If no photo identification is available at the time of installation, the service provider may accept other adequate proof of identification to avoid delay of the installation. However, photo identification must be presented within 30 days of the installation of the device;

2. A copy of the registration or title containing the vehicle identification number (VIN) of all motor vehicles owned or routinely driven by the offender; and

3. A notarized affidavit, approved by the commission, from the registered owner of the vehicle granting permission to install the device if the vehicle is not registered to the offender. If the owner is present at installation, provides valid identification, and signs the consent to install form in the service provider technician's presence, notarization of the consent to install form is not required.

E. Under no circumstances shall an offender or anyone accompanying the offender be permitted to observe installation of the intelligent speed assistance device.

F. The service provider shall inspect all motor vehicles prior to installation of the device to ensure that they are in acceptable mechanical and electrical condition. Under no circumstances shall the service provider install a device until and unless the motor vehicle is approved following the inspection. A commission-approved pre-inspection checklist documenting the vehicle's condition at installation shall be completed and placed in the offender's file.

G. The installation shall include tamper-resistant features of all intelligent speed assistance electrical connections so as to make evident all attempts to circumvent or otherwise alter the normal functioning of the intelligent speed assistance device. At a minimum, the service provider shall ensure that the vehicle's wires connected to the intelligent speed assistance device are secured with uniquely identifiable heat shrink tubing or its equivalent and that all connected wires are wrapped with uniquely labeled service provider tape.

H. An oral, written, or video orientation to the intelligent speed assistance device shall be developed and delivered by the service provider to the offender and other persons who may drive the motor vehicle, including information on the use and maintenance of the device as well as all service facility locations and procedures for regular and emergency servicing.

I. The service provider shall maintain a toll-free 24 hour emergency telephone service that may be used to request assistance in the event of failure of the intelligent speed assistance device or motor vehicle problems related to operation of the intelligent speed assistance device. The assistance provided by the authorized service provider shall include technical information and aid in obtaining towing or roadside service. The expense of towing and roadside service shall be borne by the offender unless it is determined by the commission that the intelligent speed assistance device failed through no fault of the offender. If this is the case, the service provider shall be responsible for applicable expenses. The intelligent speed assistance device shall be made functional within 48 hours of the call for assistance or the intelligent speed assistance device shall be replaced.

J. At the time of device installation, a service provider may charge an installation fee. The maximum permissible cost for this fee shall be set by the commission, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for offender indigency funds. In addition to the maximum fee permitted, service providers may collect applicable taxes and charge for optional insurance to cover device theft or accidental damage. Optional insurance shall be offered by the service provider, and a written copy of the insurance policy stating clearly the applicable coverages, coverage amounts, conditions, and exclusions shall be given to offenders who purchase the insurance. When the intelligent speed assistance device is installed on a motorcycle or moped, service providers may require offenders to provide a saddle bag or similar waterproof container in which the device components may be stored as a condition of eligibility for the optional insurance.

K. The service provider shall provide service to those offenders who are eligible for a reduction in fees based upon a declaration of indigence by the court or approval by the commission.

L. No later than the first service appointment, the offender shall provide to the service provider a statement from the licensed drivers who will be driving the offender's motor vehicle acknowledging understanding of the requirements of the use of the intelligent speed assistance device.

M. An intelligent speed assistance device installed and assigned to one offender shall not be assigned simultaneously to any additional offender for the purpose of attempting to comply with a Virginia intelligent speed assistance requirement.

N. The intelligent speed assistance device shall not be removed from any offender's vehicle for the sole purpose of permitting an offender to transfer to another intelligent speed assistance service provider without authorization from the commission. If the offender's reason to transfer to another intelligent speed assistance service provider is based upon a malfunctioning intelligent speed assistance device or a legitimate customer service issue, the commission shall not unreasonably deny permission and shall authorize the transfer within five business days of all relevant information being received.

O. Offenders with an outstanding balance with any Virginia-approved intelligent speed assistance service provider shall not be permitted to install an intelligent speed assistance device with another intelligent speed assistance service provider. In addition, a service provider may deny service to offenders with a fee balance that is 60 days or greater in arrears.

P. Effective July 1, 2027, all intelligent speed assistance device installations shall also include installation of a camera capable of taking a photo of the driver's seat any time the device records a speed exceedance event.

A. An offender shall be required to bring any vehicle with an intelligent speed assistance device installed to a service provider location at least every 60 days for inspection. The service provider shall inspect the device for any wiring or operational issues and verify there have been no attempts to tamper, bypass, or circumvent the device. Service providers shall initiate a device lock-out on day 61 for any intelligent speed assistance device installed in a vehicle that has not been brought into one of the service provider's service facilities for inspection within the 60-day requirement. A service provider may provide a means of resetting the device lock-out upon request of the offender and approval by the executive director or the executive director's designee.

B. In instances where power loss occurs to the intelligent speed assistance device or a tampering, bypass, circumvention, or speed exceedance of the device is detected, the service provider shall immediately place the intelligent speed assistance device in recall mode and notify the commission within 24 hours. For the purposes of this subsection, "recall mode" means a feature of the intelligent speed assistance device requiring the offender to bring the vehicle, in which the device is installed, to a service provider's service facility within five days if a power loss or tamper, bypass, circumvention, or speed exceedance of the device is detected by the service provider. There shall be a notification to the offender when a recall mode is initiated. If the offender fails to bring the vehicle, in which the device is installed, to the service facility for an inspection within five days, the intelligent speed assistance device shall be placed in a device lock-out and the commission notified within 24 hours of such lock-out.

C. All malfunctions of the intelligent speed assistance device shall be repaired or the intelligent speed assistance device replaced by the service provider within 48 hours at no additional expense to the offender. In instances where the service provider is not able to meet the 48 hour deadline, the service provider shall seek commission approval for an extension of the 48 hour timeframe. If it is shown that the malfunction is due to damage to the device as a result of mistreatment or improper use, the offender shall be responsible for applicable repair fees.

D. A service provider technician shall be available at the service facility during specified hours to answer questions and to deal with mechanical concerns that may arise with a motor vehicle as a result of the intelligent speed assistance device.

E. The service provider may charge a monthly maintenance fee. The maximum permissible cost for this fee shall be set by the commission, and service providers shall not be permitted to exceed the maximum fee established by the commission. A portion of these fees shall include costs for offender indigency funds.

A. Prior to removal of the intelligent speed assistance device, the service provider must receive written authorization from the commission.

B. Offenders may not have their intelligent speed assistance device removed or replaced by another service provider without written authorization from the commission.

C. Once the intelligent speed assistance device has been removed, the service provider will send a removal report to the commission via a method established by the commission documenting that the intelligent speed assistance device has been removed and that all fees have been paid. Once verification of an authorized removal has been received by the commission, the department will be notified that the offender has successfully completed the intelligent speed assistance requirements.

D. Whenever an intelligent speed assistance device is removed, all components of the motor vehicle altered by the installation or servicing of the intelligent speed assistance device must be restored to their original, preinstallation condition and removed in such a manner as not to impair the safe operation of the vehicle. All severed wires must be permanently reconnected.

A. Intelligent speed assistance service providers that are approved to perform intelligent speed assistance services in Virginia and have entered into a contract for those services shall:

1. Abide by all commission memorandums, directives, contract terms, guidelines, and regulations pertaining to the state-wide intelligent speed assistance program unless prohibited by state law.

2. Resolve offender, court, department, commission, and other stakeholder complaints as directed by the commission.

3. Contact the commission within 24 hours in instances where an intelligent speed assistance service facility becomes inoperable due to a large-scale weather event or other verified unforeseen circumstance and provide an action plan to mitigate the impact to customer service.

4. Resolve intelligent speed assistance service facility compliance issues as directed by the commission.

5. Obtain approval from the commission before disseminating any offender training or advertising materials used in association with the Intelligent Speed Assistance Program.

6. Make modifications to the company website that is used to review monthly calibration reports upon reasonable request by the commission. Reasonable requests include changes due to language that is confusing, misleading, offensive, or inaccurate; changes required due to updated technology; changes to comply with the Code of Virginia or this chapter; or changes due to workload changes or product enhancements. For the purpose of this subdivision, "calibration" means the process by which the intelligent speed assistance device is programmed to accurately read pedal response, vehicle voltages, revolutions per minute, and other parameters.

7. Assume full liability for action taken or not taken by the commission due to failure by a service provider to report a bypass, circumvention, or tamper of the intelligent speed assistance device to the commission as required by this chapter or due to inaccurate or misleading reporting, whether electronic or hard copy, provided by the service provider.

8. Be accountable for Virginia offenders with intelligent speed assistance devices set up for use by its company in another state and ensure that all Virginia intelligent speed assistance processes, regulations, requests for proposal terms, contract terms, and commission requirements are met unless prohibited by state law.

9. Assume full liability for breaches of offender data housed by the service provider if breached through the service provider's equipment, facility, or hardware.

10. Provide information technology assistance and training upon reasonable request by the commission.

11. Report all changes to the intelligent speed assistance device software or firmware, whether temporary or permanent, to the commission within 30 days of release in Virginia.

12. Ensure that all personnel seeking to perform intelligent speed assistance services or administrative duties for the intelligent speed assistance service provider in Virginia are duly qualified and of good moral character. An applicant shall not necessarily be barred from employment due to a criminal record; however, a criminal record may be considered in conjunction with other information to determine the overall suitability of applicants for employment.

13. Ensure that employees are properly trained and available to provide expert or other required testimony in any civil, criminal, or administrative proceedings as to the method of manufacturing the device, intelligent speed assistance device functionality, and the testing protocol by which the device is serviced.

14. Provide a completed application for state certification to the commission to perform intelligent speed assistance services for all technicians and state directors seeking to work in Virginia. The application shall be submitted at least 30 days prior to the employee performing any intelligent speed assistance services in Virginia unless otherwise approved by the executive director. For newly hired technicians, who are permitted to perform intelligent speed assistance services while under the direct supervision of a certified technician for up to 90 days, the application shall be submitted no later than day 60 from the employee's hire date.

15. Identify all key personnel who will be providing intelligent speed assistance services for Virginia and furnish the commission with credentials on these personnel.

16. Notify the commission at least five business days in advance of a reduction in staffing levels of key personnel.

17. Notify the commission in writing within 15 days of disciplinary action taken by a state or other political entity in which the service provider conducts or has conducted intelligent speed assistance business. This notification shall include the reason for the disciplinary action and other information as the commission may reasonably request. This requirement applies regardless of the existence of an appeal.

18. Maintain secure websites, databases, and information systems for the collection, transmission, storage, and management of all data associated with the Intelligent Speed Assistance Program. Service providers shall implement appropriate administrative, technical, and physical safeguards consistent with industry best practices to protect the confidentiality, integrity, and availability of such information. All data collection, storage, and processing activities shall comply with applicable state and federal privacy, cybersecurity, and confidentiality laws and regulations, and providers shall take all reasonable steps to prevent unauthorized access, disclosure, alteration, or misuse of program data.

19. Submit to any commission inspection of records and abide by commission reporting directives.

B. Failure to abide by any requirements of this chapter, Virginia law, or contract provisions is grounds for contract termination and removal of services from Virginia.

A. All potential service providers desiring to conduct business in Virginia's intelligent speed assistance program shall submit a $250 nonrefundable application fee to the commission.

B. The following additional fees shall be paid by the service provider to the commission:

1. A $250 annual contract review fee;

2. A $75 annual review fee for each intelligent speed assistance service facility;

3. A $250 retest fee each and every time a service provider employee is required to take a second or subsequent Virginia Intelligent Speed Assistance Certification Exam due to an unsuccessful attempt on a prior exam;

4. A $10 monthly intelligent speed assistance administrative fee for each offender. The fee shall be accompanied by an associated offender list supporting the payment amounts and be paid by the 10th day of the following month; and

5. A $1000 fee per each new intelligent speed assistance device certification application submitted to the commission that was not previously certified in Virginia. This does not apply to any intelligent speed assistance device submitted as part of a response to a request for proposals submitted by the commission for the intelligent speed assistance program.

C. Service providers may charge offenders for intelligent speed assistance services at rates up to, but not to exceed, the following:

1. $100 to install an intelligent speed assistance device;

2. $75 to transfer an intelligent speed assistance device from one vehicle to another;

3. $130 per month, plus applicable taxes, for intelligent speed assistance device leasing and maintenance, inclusive of the $10 monthly administrative fee to be paid to the commission. Effective July 1, 2027, this fee will increase to $140 per month due to camera installation requirements in 24VAC35-90-90 (P);

4. $8.00 per month for optional insurance to cover theft or accidental damage to the intelligent speed assistance device and its components;

5. An amount of 20% over the actual replacement cost of the intelligent speed assistance device and its components when theft or accidental damage occurs and the offender has not purchased the optional insurance;

6. $50 plus mileage calculated at Virginia's mileage rate in effect at the time, not to exceed 100 miles, for service calls;

7. $35 for missed appointments;

8. An amount permitted by the Code of Virginia at the time for returned checks;

9. $50 per hour, not to exceed four total hours, for repairs and reinstallation of the intelligent speed assistance device when the commission determines that the offender illegally tampered with the device;

10. $50 recall fee; and

11. $50 lock-out override fee in instances where an intelligent speed assistance device prevents the vehicle, in which the device is installed, from accelerating due to failure by the offender to bring the vehicle in at least every 60 days for inspection or within the device recall time activated by the service provider for power loss or bypassing, tampering, circumvention, or speed exceedance events detected by the service provider. For purposes of this subdivision, "lock-out override" means a method of overriding a lock-out provided by the service provider.

D. The commission may charge offenders fees for participation in the intelligent speed assistance program up to, but not to exceed, the following:

1. $50 per month for intelligent speed assistance program monitoring;

2. $50 noncompliance fee when an offender who is enrolled in the intelligent speed assistance program is determined to be noncompliant due to a violation of program requirements that requires court attendance by a local ASAP. This fee shall not be charged more than two times per referral and will be payable to any local ASAP that shall attend court at the direction of the executive director due to a noncompliance of the program in a court of jurisdiction; and

3. $25 reinstatement fee when an offender is re-referred into the intelligent speed assistance program due to a noncompliance hearing.

E. In the event of changes to the Code of Virginia or this chapter mandating enhanced technological capabilities of intelligent speed assistance devices used in Virginia, the commission may increase offender installation, leasing, and maintenance fees up to a maximum of 25%.

F. The commission shall establish and administer an indigency fund for offenders who are eligible for a reduction in fees based upon a declaration of indigency by the court or approval by the commission. Service providers shall not deny service to any offender for whom there has been a declaration of indigency or approval by the commission.

A. In addition to the requirements of the Code of Virginia and this chapter, offenders referred into the Intelligent Speed Assistance Program shall complete the following requirements:

1. If ordered into the intelligent speed assistance program by the court or the department, enter into the Intelligent Speed Assistance Program at the commission and successfully complete enrollment and the required installation time on the intelligent speed assistance device.

2. Pay all fees as required in 24VAC35-90-120 D unless found indigent by the court or the commission.

B. Violations of the Intelligent Speed Assistance Program include when an offender:

1. Fails to have an intelligent speed assistance device installed on each motor vehicle operated by, owned by, or registered to the offender within 15 days of the effective date of the court or the department order referring the offender into the program;

2. Operates any motor vehicle that is not equipped with a functioning, certified intelligent speed assistance device during the time required by the court or the department;

3. Fails to complete enrollment at the commission within 15 days of the court order requiring completion of the Intelligent Speed Assistance Program;

4. Bypasses, circumvents, or tampers with an intelligent speed assistance device;

5. Is convicted with a reckless driving, speed-related, or licensing offense while enrolled in the Intelligent Speed Assistance Program;

6. Violates the posted speed limit. In the event the intelligent speed assistance device detects a speed higher than the posted speed limit, the offender is required to obey the posted speed limit including dynamic speed zones;

7. Fails to take the vehicle in which the intelligent speed assistance device is installed to the service provider within the five-day recall time initiated by the service provider due to a device power loss, circumvention, tamper, bypass, or speed exceedance of the device;

8. Fails to take any vehicle in which the intelligent speed assistance device is installed to the service provider every 60 days for inspection and maintenance;

9. Violates any other requirements of the court-ordered referral into the Intelligent Speed Assistance Program, the Code of Virginia, or this chapter; and

10. Becomes 60 days in arrears on a fee balance owed to the commission. For department intelligent speed assistance referrals, the commission may discontinue monitoring services and remove the offender from the program if a fee balance owed to the commission becomes 60 days in arrears.

C. If referred by the court, violations of the Intelligent Speed Assistance Program shall be returned noncompliant to the court of jurisdiction that originated the referral into the program.

The commission reserves the right to suspend service-related requirements of this chapter in applicable geographical areas when there exists a federal or state disaster or declaration of emergency.