Current through Register Vol. 30, No. 38, September 20, 2024
A. The
accuracy of the CIID shall be determined by analysis of an external standard
generated by a reference sample device.
B. A device shall have a demonstrable feature
designed to assure that a breath sample measured is essentially
alveolar.
C. A test of alcohol-free
samples shall not yield a positive result. Endogenously produced substances
capable of being present in the breath shall not yield or significantly
contribute to a positive result.
D.
All devices shall meet the setpoint requirements of
R17-5-601
and the following requirements:
1. Be
calibrated to have an accuracy within plus or minus 0.005 g/210L of the
reference value;
2. Be calibrated
using a known reference value between .020 g/210L and .050 g/210L;
and
3. Be accompanied by a
Certificate of Analysis (COA).
E. A device shall be designed so that
anticircumvention features will be difficult to bypass.
1. Anticircumvention provisions on the device
shall include, but are not limited to, prevention or preservation of any
evidence of circumvention by attempting to use a false or filtered breath
sample or electronically bypassing the breath sampling requirements of a
device.
2. A device shall use
special seals or other methods that reveal attempts to bypass lawful device
operation.
F. A CIID
shall have global positioning system capability, and the manufacturer shall
electronically and wirelessly download in realtime from the device and transmit
daily to the Department, a person's ignition interlock activity in an FTP batch
file.
G. A CIID shall be equipped
with a camera, which shall not distract or impede the driver in any manner from
safe and legal operation of the vehicle, shall record all ignition interlock
activity of the person, and shall provide any visual evidence of actual or
attempted tampering, alteration, bypass, or circumvention, and report this
information directly to the manufacturer.
H. The camera shall be able to record and
store visual evidence of each person providing a breath alcohol test, and shall
meet the following requirements:
1. At device
installation, the camera shall take a reference picture of the person, which
shall be kept on file;
2. A clear
digital image shall be taken for each event, including initial vehicle start,
all rolling retests, and whenever a violation is recorded;
3. Each digital image shall be a wide-angle
view of the front cabin of the vehicle, including the passenger side, to ensure
the camera can clearly capture the entire face of the person and any
passengers; and
4. The camera shall
produce a digital image of the person in all lighting conditions, including
brightness, darkness, and low light conditions.
I. A device shall:
1. Automatically purge alcohol before
allowing analysis.
2. Have a data
storage system with the capacity to sufficiently record and maintain a record
of the person's daily driving activities that occur between each regularly
scheduled calibration check referenced under
R17-5-610
and
R17-5-706.
An IISP shall download and transmit any digital images taken during a person's
calibration check, during each rolling retest, and each time a person with the
ignition interlock requirement or another individual starts the motor vehicle.
A manufacturer shall make these digital images available to the Department on
request.
3. Use the most current
version of the manufacturer's software and firmware to ensure compliance with
this Article and any other applicable rule or statute. The manufacturer's
software and firmware shall:
a. Require device
settings and operational features to include, but not limited to, sample
delivery requirements, the set point, free restart, rolling retest
requirements, violation settings, and temporary and permanent lock-outs;
and
b. Prohibit modification of the
device settings or operational features by a service center, or an
IISP-certified technician unless the Department approves the modification under
subsection (J).
4. Record
all emergency bypasses in its data storage system.
5. Provide a visual reminder on the device
that a calibration check must be performed on the person's CIID every 90 days,
with prominent device notifications during each 77-day to 90-day interval
within a person's ignition interlock period, of the following:
a. The device needs service; and
b. The time remaining until a permanent
lock-out occurs.
6.
Notify a person that failure to get the calibration check, including
calibration and data download, by the end of each 90-day period will cause the
vehicle to be in a permanent lock-out mode, and shall record the event in the
data storage system.
7. On
recording a violation of A.R.S. Title 28, Chapter 4, Article 5 for one instance
of tampering or circumvention, any ignition interlock device malfunction, or
any four valid reportable violations within a continuous 90-day period, emit a
unique cue, either auditory, visual, or both, to warn a person that an early
recall is initiated, requiring the person to return to the IISP in 72 hours for
a violation reset.
8. Enter into a
permanent lock-out if a person does not return to the IISP for a violation
reset within 72 hours after an early recall occurs.
9. When a violation results in a permanent
lock-out mode, the device shall:
a. Immobilize
the person's vehicle;
b. Uniquely
record the event in the data storage system; and
c. Require a violation reset by the
IISP.
10. Enter into a
temporary lock-out mode for five minutes when the device detects during the
initial breath alcohol test that a person's breath alcohol concentration is at
or above the set point.
11. After
the five-minute temporary lock-out, the device shall allow subsequent breath
alcohol tests with no further lock-out as long as each subsequent test produces
a valid and substantiated breath test.
12. Have security protections and the
capability to provide visual evidence of any actual or attempted tampering,
alteration or bypass of the device, or circumvention.
J. No modification shall be made to the
design or operational concept of a device model after the Department has
certified the device for installation under Arizona law, except that:
1. A software or firmware update required to
maintain a device model is permissible if the update does not modify the design
or operational concept of the device.
2. Replacement, substitution, or repair of a
part required to maintain a device model is permissible if the part does not
modify the design or operational concept of the device.
3. If a manufacturer determines that an
existing Department-certified ignition interlock device model requires any
modification, the manufacturer shall immediately notify the
Department.