Current through Register Vol. 30, No. 38, September 20, 2024
A. A person shall have installed in a motor
vehicle, only an ignition interlock device certified by the Department under
R17-5-604.
B. A manufacturer shall develop and the IISP
shall ensure that each IISP-certified technician complies with the IISP's
written procedures for the installation of a CIID.
C. Certified ignition interlock device
installation verification.
1. A manufacturer
shall electronically transmit a Certified Ignition Interlock Device Summarized
Reporting Record to the Department within 24 hours of the device
installation.
2. The electronic
Certified Ignition Interlock Device Summarized Reporting Record for
installation verification shall contain all of the following information:
a. Department-assigned service center
number;
b. Person's full name
(first, middle, last and suffix);
c. Date of birth;
d. Driver license or customer
number;
e. Report date;
f. Install date;
g. Report type;
h. Technician identification
number;
i. A unique identification
number for the CIID;
j. The last
six digits of the vehicle identification number that matches the vehicle
information on the data logger; and
k. Whether the Department, a court, or an
out-of-state entity requires a person to have a CIID.
D. Certified ignition interlock
device calibration check.
1. A manufacturer
shall electronically transmit a Certified Ignition Interlock Device Summarized
Reporting Record to the Department within 24 hours after performing a
calibration check on an installed CIID.
2. A manufacturer shall submit to the
Department the following valid and substantiated proof or evidence of a
reportable activity related to a violation, as prescribed in subsection (F),
within 10 days by electronic means, which shall include:
a. A summary report stating why the data
logger or any other evidence confirms the occurrence of a violation, including
any digital images of the person; and
b. A data logger that shows at least 12 hours
of data before and after the violation.
3. A manufacturer may submit to the
Department the following additional valid and substantiated proof or evidence
of a reportable activity related to a violation, as prescribed in subsection
(F), if available, within 10 days by electronic means, which may include:
a.
Video recordings;
b. Written statements; and
c. Any other evidence
relevant to a violation.
4. The electronic Certified Ignition
Interlock Device Summarized Reporting Record for the calibration check shall
contain all of the following information:
a.
Department-assigned service center number;
b. Person's full name (first, middle, last
and suffix);
c. Date of
birth;
d. Driver license or
customer number;
e. Report
date;
f. Install date;
g. Report type;
h. Missed rolling retest count, dates, and
times;
i. Technician identification
number;
j. Alcohol concentration
violation count, dates, time, and alcohol concentration;
k. Tampering violation count, dates, and
time;
l. Circumvention count,
dates, and time;
m. Device download
date;
n. Device download
time;
o. Bypass code indication,
date, and time;
p. A unique
identification number for the CIID;
q. The last six digits of the vehicle
identification number that matches the vehicle information on the data logger;
and
r. Whether the Department, a
court, or an out-of-state entity requires a person to have a CIID.
E. Certified ignition
interlock device removal report.
1. When a
certified ignition interlock device is removed, a manufacturer shall
electronically transmit a Certified Ignition Interlock Device Summarized
Reporting Record to the Department within 24 hours.
2. The electronic Certified Ignition
Interlock Device Summarized Reporting Record for removal of a device shall
indicate the condition of noncompliance and contain all of the following
information:
a. Department-assigned service
center number;
b. Person's full
name (first, middle, last and suffix);
c. Date of birth;
d. Driver license or customer
number;
e. Report date;
f. Install date;
g. Removal date;
h. Report type;
i. Technician identification
number;
j. A unique identification
number for the CIID;
k. The last
six digits of the vehicle identification number that matches the vehicle
information on the data logger;
l.
Whether the Department, a court, or an out-of-state entity requires a person to
have a CIID;
m. Missed rolling
retest count, dates, and times;
n.
Device download date; and o. Device download time.
F. Reportable activity for a
person's noncompliance with these rules and A.R.S. Title 28, Chapter 4, Article
5, shall be limited to valid and substantiated instances by a person of any of
the following transmitted electronically and wirelessly by the manufacturer to
the Department in real-time within 24 hours:
1. Tampering with a CIID as defined in A.R.S.
§
28-1301;
2. Refusing or failing to provide any set of
three consecutive valid and substantiated breath samples in response to a
requested rolling retest within an 18-minute time frame during a person's drive
cycle;
3. Failing to provide proof
of compliance or inspection of the CIID as required under A.R.S. §
28-1461(E)(4);
4. Attempting to operate the vehicle with an
alcohol concentration of 0.08 or more as prescribed in A.R.S. §
28-1461(E)(5)
if the person is at least 21 years of
age;
5. Attempting to operate the
vehicle with an alcohol concentration in excess of the set point if the person
is under 21 years of age;
6.
Circumvention of a CIID as defined in
R17-5-601;
or
7. Disconnecting or removing a
CIID, except:
a. On repair of the vehicle, if
the person provided to the IISP, technician, or service center advance notice
of the repair and the anticipated completion date; or
b. On moving the device from one motor
vehicle to another motor vehicle if replacement of the device is accomplished
within 72 hours of device removal.
G. A person shall not avoid compliance with
the rolling retest requirement by turning off a motor vehicle's ignition or by
keeping the motor vehicle operating while the vehicle is parked, and leaving
the vehicle when a rolling retest is requested. A missed rolling retest is
reportable activity for a person's noncompliance under subsection
(F).
H. A manufacturer shall screen
each person's data loggers to ensure that there is no improper
reporting.
I. A manufacturer shall
ensure that a CIID has the necessary programming to identify each person's
ignition interlock period and each drive cycle to report and send data and
violations to the Department as required by these rules.
J. A manufacturer shall review within 10 days
all reports sent by the Department and returned to the manufacturer for
verifi-cation of accurate reporting. If a manufacturer finds that the reported
information does not indicate valid and substantiated evidence of a violation,
the manufacturer shall immediately contact the Department to correct the
person's record before corrective action is initiated against a person as a
result of misreported ignition interlock data.
K. A manufacturer shall immediately contact
the Department if the manufacturer finds that the reported information
indicates:
1. An obvious mechanical failure of
a CIID;
2. Obvious errors in the
recorded CIID data that cannot be attributed to a person's actions;
3. Obvious errors in the transmission of CIID
data to the Department, including misreported instances of tampering;
or
4. Submission of an extension of
a person's ignition interlock period or a violation to the Department when a
person was not in the vehicle to take the rollmg retests.
L. A manufacturer shall ensure that a CIID
electronically and wirelessly uploads data in real-time to the manufacturer's
website, that is maintained by the manufacturer, and the manufacturer shall
submit all required information and reports in a daily FTP file to the
Department.
M. In cases where no
electronic or digital service exists, the manufacturer shall store the data and
send the data as soon as electronic or digital service is available.
N. A manufacturer shall include the date of
the last upload on the person's account on the manufacturer's
website.
O. A CIID shall have
constant communication between the manufacturer's server and relay unit while
the device is in use.
P. All data,
including digital images, shall be available to the Department for viewing on
the manufacturer's website within five minutes after the data is recorded on
the device, or as soon as electronic or digital reception permits.
