Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES
Section 39.03.49.500 - PRIMARY RESPONSIBILITIES OF AGENCIES/OFFICES MONITORING THIS RULE
Universal Citation: ID Admin Code 39.03.49.500
Current through August 31, 2023
Listed below are some of the primary responsibilities of the indicated offices/agencies, as outlined in this rule. (3-31-22)
01. Testing Lab. (3-31-22)
a. Test devices for minimum standards.
(3-31-22)
b. Submit notarized
statement and copy of the Certification Test Report to manufacturer.
(3-31-22)
c. Keep log of test
results. (3-31-22)
02. Manufacturer or Manufacturer's Representative. (3-31-22)
a. Submit device to lab for testing.
(3-31-22)
b. Install, maintain and
remove device as required by court. (3-31-22)
c. Set interlock level as established by
Idaho Code. (3-31-22)
d. Submit
quarterly (or more frequent) maintenance reports to originating court or its
designee. (3-31-22)
e. Upon
request, submit quarterly reports to the Department summarizing periodic device
examinations and all complaints received. (3-31-22)
f. Provide court, diversion program
administrator or its designee, or lessee and Department with statement of
charges and/or any additional fees. (3-31-22)
g. Provide lessee with service and repair
information. (3-31-22)
h. Provide
the Department with proof of insurance annually. (3-31-22)
i. Report any attempt to disconnect any
device to originating court, diversion program administrator or its designee.
(3-31-22)
j. Advise court,
diversion program administrator or its designee before removing any device
unless authorized or in need of immediate repair. (3-31-22)
03. Idaho Transportation Department. (3-31-22)
a. Maintain a
list of known calibration/service locations in the state. (3-31-22)
b. Issue Letter of Certification for each
device model to manufacturer. (3-31-22)
c. When necessary, revoke Letter of
Certification. (3-31-22)
d.
Maintain file of all letters. (3-31-22)
e. Maintain file of statement of charges (by
device model). (3-31-22)
f.
Maintain proof of insurance. (3-31-22)
04. Court. (3-31-22)
a. The judge or prosecuting attorney as the
diversion program administrator or their designee will order device
installation, maintenance and removal. (3-31-22)
b. The trial court administrator, diversion
program administrator or their designee of the originating court will receive
maintenance reports on each device installed pursuant to court order.
(3-31-22)
c. The trial court
administrator, diversion program administrator or their designee of the
originating court will receive an itemized statement of charges.
(3-31-22)
d. The trial court
administrator, diversion program administrator or their designee of the
originating court will receive manufacturer's reports of attempts to disconnect
any device. (3-31-22)
e. The trial
court administrator or diversion program administrator or their designee will
receive reports and a declaration from the lessee's ignition interlock vendor,
on a form provided or approved by the diversion program administrator or their
designee, certifying that none of the following incidents occurred while the
system was installed in the lessee's vehicle(s): (3-31-22)
i. Attempt to start vehicle with a BAC of
zero point zero four (0.04) or more; (3-31-22)
ii. Failure of the lessee to take any random
test; or (3-31-22)
iii. Failure of
the lessee to pass any random retest with a BAC of zero point zero two five
(0.025) or lower. (3-31-22)
iv.
Failure of the lessee to appear when required at vendor's place of business for
maintenance, repair, calibration, monitoring, inspection or replacement of the
system. (3-31-22)
05. Lessee. (3-31-22)
a. Have device installed and maintained as
ordered by court. (3-31-22)
b.
Receive itemized statement of charges and remit fees as scheduled.
(3-31-22)
c. Receive and comply
with guidelines regarding repairing and maintaining the vehicle in good working
order. (3-31-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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