Current through Register 2024 Notice Reg. No. 38, September 20, 2024
An ignition interlock device shall not be installed or used
as part of a program for driving under the influence offenders unless the model
or type of device has been certified by the department in accordance with the
requirements of this article.
(a) In
addition to requirements that an ignition interlock device must meet
specifications and guidelines adopted by the National Highway Traffic Safety
Administration, as specified in Vehicle Code section
13386(e),
all ignition interlock devices shall require the operator of a vehicle to
submit a random retest as follows:
(1) The
first retest shall occur at a randomly variable interval ranging from five to
fifteen minutes after passing the initial breath test and starting the
vehicle's engine. Subsequent retests shall occur at a randomly variable
interval ranging from fifteen to forty-five minutes from the previously
requested retest for the duration of the travel.
(2) The device shall allow the operator of
the vehicle five minutes to complete each retest.
(b) An individual, partnership, or
corporation may apply to the department for certification of an ignition
interlock device by submitting a completed application to the department. A
separate application is required for each model or type of device. The
application shall be submitted to the department electronically through the
department's online portal. A completed application shall contain the
following:
(1) Form DL 9, Application for
Certification of Ignition Interlock Device (Rev. 6/2022), which is hereby
incorporated by reference.
(2) A
detailed description of the device, including a photograph, drawing, or other
graphic depiction of the device.
(3) Complete technical specifications
describing the device's accuracy, reliability, security, data collection and
recording, tamper detection, and environmental features.
(4) A complete and true copy of data from an
independent, accredited (ISO/IEC 17025) laboratory demonstrating that the
device meets or exceeds the minimum federal standards pursuant to Vehicle Code
section
13386(d).
For purposes of this article, the term "independent, accredited (ISO/IEC 17025)
laboratory" shall be interpreted to include any of the following, provided the
laboratory is properly equipped and staffed to conduct laboratory tests on
ignition interlock devices to ensure they meet the accuracy requirements and
specifications provided in Sections 1 and 2 of the model specifications for
breath alcohol ignition interlock devices as published as a Notice in the
Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages
26849-26867:
(A) A state-run
laboratory;
(B) A private
laboratory which can demonstrate its capability to carry out the required
tests; or
(C) A laboratory
certified by a state department of Public Health to conduct chemical
tests.
(5) A
certification on Form DL 28, Laboratory Report (Rev. 3/2014), signed by an
authorized official of the laboratory which tested the device, that the device
was tested by the laboratory indicated in accordance with the federal
regulations and that the device was found to satisfy the requirements of
Sections 1 and 2 of the model specifications for breath alcohol ignition
interlock devices as published as a Notice in the Federal Register, Vol. 78,
No. 89, Wednesday, May 8, 2013, on pages 26849-26867. The certification shall
specify that the laboratory used properly maintained equipment, and trained
personnel to conduct the tests, and that the test results are accurate. The
form DL 28 is hereby incorporated by reference.
(6) A complete listing of all authorized
installers' locations and their satellite locations that includes the name,
Bureau of Automotive Repair or Bureau of Electronic Appliance Repair, Home
Furnishings and Thermal Insulation number, telephone number, contact name, and
hours of operation.
(7) A copy of
the instructions that will be provided to authorized installers, including
complete instructions for installation, operation, service, repair, and removal
of the device.
(8) A copy of the
written instructions that will be provided to participants who have the device
installed.
(9) A certificate from
an insurance company that the manufacturer holds product liability insurance
and that the department is named as an additional insured. The policy limit
shall be a minimum of one million dollars ($1,000,000). The liability insurance
shall include coverage for manufacturing, defects in product design and
materials, calibration, installation, and removal of devices. The certificate
of insurance shall contain a statement that the insurance company will notify
the department 30 days before cancellation of the insurance.
(10) A signed statement that the manufacturer
shall indemnify and hold harmless the state of California, the department and
its officers, employees and agents from all claims, demands, and actions, as a
result of damage or injury to persons or property which may arise, directly or
indirectly, out of any act or omission by the manufacturer relating to the
installation, service, repair, use and removal of an ignition interlock
device.
(11) A copy of the fee
schedule or schedules adopted by a manufacturer and manufacturer's authorized
installer pursuant to subdivision (h) of Section
13386 of the
Vehicle Code. The fee schedule shall include provisions for the payment of the
costs of the device by an applicant in amounts commensurate with the
applicant's ability to pay. The fee schedule shall include the cost of all
services provided, including standard charges for installation, service and
maintenance, and removal of the devices, and any non-standard charges for
service and maintenance of the devices.
(12) A manufacturer shall provide the
department with a toll-free telephone number through which participants may be
referred to the authorized installers.
(13) A completed and signed certification on
the Random Retest Compliance Self-Certification, form OL 624 (New 5/2017),
which is hereby incorporated by reference, that the ignition interlock device
is in compliance with the random retest requirements as specified in subsection
(a).
(14) A completed and signed
Fee Schedule Acknowledgment, form OL 160 (New 1/2019), which is hereby
incorporated by reference.
(15) An
application fee of $100.00.
(c) The department may have the laboratory
test results reviewed, at the manufacturer's expense, by an agency or
individual outside the department, and of the department's choice, when such
review is deemed necessary to determine whether or not a device meets the
requirements for certification.
(d)
The department may require that manufacturers install devices on vehicles
approved by the department to field test the devices.
(e) The department shall certify, or refuse
to certify, a device within 90 days of receipt of a complete application. The
department shall notify the manufacturer within 10 days of receipt of the
application if the application is incomplete and shall specify what information
or documents are needed to complete the application.
(f) An applicant who has not received
notification within the time periods specified may file an appeal with the
Secretary of the California State Transportation Agency in accordance with
Chapter 6 of Division 3 of Title 21 of the California Code of Regulations. If
the Secretary finds that the department failed to provide the notification
required within the time period specified without good cause, the department
shall reimburse the applicant fully for all application fees
paid.
1.
Renumbering of former section
100.91 to section 125.02,
including amendment of section and NOTE, filed 6-22-2001; operative 7-22-2001
(Register 2001, No. 25).
2. Amendment of subsections (a)(6), (a)(11)
and (a)(12), new subsection (a)(13) and subsection renumbering filed
10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3.
Amendment of subsections (a)(4) and (a)(11) filed 9-18-2007; operative
10-18-2007 (Register 2007, No. 38).
4. Amendment of subsection
(a)(1), repealer of subsections (a)(1)(A)-(F) and amendment of subsections
(a)(4)-(5) and (a)(11) filed 7-23-2010; operative 7-23-2010 pursuant to
Government Code section
11343.4
(Register 2010, No. 30).
5. Change without regulatory effect
amending subsection (a)(6) filed 5-1-2014 pursuant to section
100, title 1, California Code of
Regulations (Register 2014, No. 18).
6. Amendment of subsections
(a)(4), (a)(5) and (e) and amendment of NOTE filed 7-29-2015; operative
10-1-2015 (Register 2015, No. 31).
7. New subsections (a)-(a)(2),
subsection relettering, new subsection (b)(14), subsection renumbering and
amendment of NOTE filed 5-30-2018; operative 7-1-2018 (Register 2018, No.
22).
8. Amendment of subsections (b)(4), (b)(11) and (b)(14), new
subsection (b)(15), subsection renumbering and amendment of NOTE filed
5-21-2019; operative 5-21-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2019, No. 21).
9. Amendment of first paragraph,
subsections (b)-(b)(1), repealer of subsection (b)(12) and subsection
renumbering filed 4-25-2023; operative 7-1-2023 (Register 2023, No.
17).
Note: Authority cited: Sections
1651 and
13386,
Vehicle Code. Reference: Sections
1652,
13386,
23575 and
23575.3,
Vehicle Code.
