Current through Register Vol. 50, No. 9, September 20, 2024
A.
Any breath-alcohol ignition interlock device submitted to the department for
approval as an approved ignition interlock device shall be accompanied by the
certificate of an independent testing laboratory approved by the Applied
Technology Division of the Office of State Police indicating that the device
meets or exceeds the standards of the National Highway Traffic Safety
Administration for such devices as published in Volume 57, No. 67 of the
Federal Register, as currently extant or subsequently amended,
or for which any exemptions from specific provisions of same have been granted
by the department. A complete and certified copy of the testing protocol and
the results thereof of the independent testing laboratory shall also accompany
any breath-alcohol ignition interlock device submitted for approval.
B. In order to obtain approval of the
department as an approved ignition interlock device, the manufacturer shall
amply demonstrate that said unit meets or exceeds the above federal standards
and fulfills the statutory requirements as to:
1. safe operation of the vehicle in which the
unit is installed;
2. lack of
interference with normal use of the vehicle;
3. protection against compromise or
circumvention and preservation of evidence of such activity;
4. resistance to tampering;
5. ability to work reliably and accurately in
an unsupervised environment;
6.
ability to initiate a "restart" of the vehicle's ignition within one minute
after the ignition has been turned off without requiring another breath-alcohol
analysis;
7. measurement of a
person's breath-alcohol concentration by delivery of a deep lung sample
directly into the device;
8.
disablement of the ignition system of the vehicle if the breath-alcohol
concentration of the sample introduced into the device exceeds 0.03 grams of
alcohol per 210 liters of breath;
9. disablement of the ignition system of the
vehicle if the ignition interlock device has not been calibrated and serviced
within a period of 67 days subsequent to its installation or last calibration
or inspection, whichever is sooner;
10. recordation of each time the vehicle is
started, the time of each start, how long the vehicle was operated and any
instances of tampering or attempted tampering with the unit;
11. visibly indicate to the user and any
qualified person:
a. the unit is
on;
b. the unit has enabled the
ignition system of the vehicle in which it is installed;
c. the unit is in need of service or
calibration;
d. failure of the BAC
threshold and the reading obtained by the unit on the breath sample
introduced;
e. any other indication
required by the department. The unit may augment visible signals or indications
with audible ones;
f. in addition
to the above standards, the department may require the unit submitted for
approval to meet or exceed other requirements deemed necessary to insure the
safety of the public or mandated by the above-specified federal BAIID
regulations.
C. The manufacturer shall also supply for
each approved unit sent to Louisiana for installation a sufficient supply of
warning labels, one of which shall be affixed to each unit at all times it is
installed which shall not be less than 1/2 inch in height by 3 inches in length
and carry the following language:
"WARNING! ANY ACTUAL OR ATTEMPTED TAMPERING OR CIRCUMVENTION
OF THIS DEVICE CAN SUBJECT YOU TO CRIMINAL AND CIVIL LIABILITY."
1. The manufacturer shall also supply to all
authorized installers of its approved ignition interlock devices a sufficient
supply of self-adhesive labels, one of which shall be affixed to the rear of
each vehicle in which an approved interlock device is installed at a level not
lower than that of the license plate on each vehicle and visible in daylight at
a range of not less than 50 feet, triangular in shape and measuring 3 1/2
inches on each side, white in color, with red letters indicating "I.I.D." The
manufacturer shall submit to the department samples of all such required labels
at the time of submission of the ignition interlock device for
approval.
AUTHORITY NOTE:
Promulgated in accordance with 57 FR, No. 67, 49 FR 48854,
R.S.
32:378.2,
R.S.
15:306,
R.S.
15:307.
