§291E-6 Ignition interlock devices; certification.

425 words·~2 min read·/hi/291e-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E and shall select a single vendor to install and maintain them.

(b)The program shall include standards and procedures for the certification of ignition interlock devices installed pursuant to chapter 291E. At a minimum, the standards shall require that the devices:

(1)Be certified by an independent laboratory to meet or exceed the guidelines published by the National Highway Traffic Safety Administration;

(2)Operate using an alcohol-specific sensor technology;

(3)Employ a digital camera by which a photograph of the person using the device can be incorporated into the electronic record generated by each use of the device;

(4)Require a rolling retest by which the driver must, within a specified period of time or distance driven after starting the vehicle, be retested and found to have an alcohol concentration of less than .02, with a margin of error of .01; and

(5)Generate a record of vehicle usage, including dates and times driven.

(c)The program shall include standards and procedures for the certification of the vendor selected to install and maintain ignition interlock devices pursuant to chapter 291E. At a minimum, the standards shall require that the vendor:

(1)Install only an ignition interlock device that is certified pursuant to this section;

(2)Offer or contract for ignition interlock device installation and maintenance statewide;

(3)Train drivers who are required to install an ignition interlock device, pursuant to chapter 291E, in how to use the device;

(4)Schedule the driver for all necessary readings and maintenance of the device; and

(5)Provide periodic reports regarding the use of each ignition interlock device installed pursuant to chapter 291E, including incidents of test failure, attempts to circumvent the device, and dates, times, and distances the vehicle was driven.

(d)The vendor selected for installation and maintenance of ignition interlock devices pursuant to chapter 291E shall be audited annually by the director of transportation pursuant to this section and the rules adopted thereunder. The director of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.

(e)The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2008, c 171, pt of §2; am L 2009, c 88, §§3, 13, 17(2); am L 2010, c 4, §3 and c 166, §8; am L 2012, c 327, §8]