Current through Register No. 40, October 3, 2024
No device may be leased, sold, installed, or used as part
of the program pursuant to
RSA
265-A:36 unless the model or type of device
has been approved by the division in accordance with the following
specifications and performance criteria:
(a) All devices shall meet or exceed the
following requirements for approval:
(1) The
device shall not impede the safe operation of a vehicle;
(2) The device shall be capable of capturing
and encoding digital or photographic images of the driver as the events occur
and transmit data as events occur to the interlock service provider;
(3) The device shall meet or exceed the
specifications for performance and testing of the National Highway Traffic
Safety Administration as published in Volume 78, No. 89 of the Federal
Register, May 8, 2013 as noted in appendix B;
(4) The device shall have an alcohol set
point of .020 percent breath alcohol concentration;
(5) The device shall prevent a driver from
starting the vehicle when a breath test detects a BrAC of .020 or
greater;
(6) The device shall
indicate by audible or visual means when a sufficient breath sample has been
collected and indicate the result with only a pass or fail
indication;
(7) The device shall
have a random retest feature requiring the driver to submit to random retest
within random interval of time between 5 to 15 minutes after the driver has
passed the initial breath test resulting in a successful start of a vehicle.
Subsequent retests shall be required at random intervals ranging from 15 to 45
minutes from the previously required retest for the duration of
travel;
(8) The device shall
lockout 5 days after either a missed calibration appointment or a violation
reset occurs;
(9) The device shall
operate properly at all temperatures between -40° and 85°
Celsius;
(10) The device shall
activate the vehicle's lights and horn or other unique visual and audible
indicator when a required random retest is missed or failed;
(11) The device shall be capable of recording
data in its memory in such a manner that data cannot be erased and a hard copy
can be printed;
(12) The data
recorder of the device shall protect the security of all recorded data in the
event the power supply to the device is interrupted or the sample head is
disengaged or disconnected; and
(13) The device shall have warning label
affixed to the unit that states the following:
"WARNING! ANY ACTUAL OR ATTEMPTED TAMPERING OR
CIRCUMVENTION OF THIS DEVICE CAN SUBJECT YOU TO CRIMINAL AND CIVIL
LIABILITY."
(b) All devices shall be calibrated for
proper use and accuracy every 180 days, unless otherwise ordered by a court or
the department, a required violation reset, or as required by these rules, or
as required per manufacturer's specifications to maintain the proper use and
operation of the device in compliance with the ignition interlock program.
(c) The use of a mail or remote
calibration system is prohibited. However, in the instance of a missed
calibration appointment or a violation reset occurrence, an interlock service
provider may override a vehicle in lockout remotely for the sole purpose of
allowing the user to report to a service center for calibration or a violation
reset within 5 days. Notwithstanding any rule to the contrary, a remote
override to a user shall be provided only once a calendar year.
(d) All devices shall indicate when a 1.5 L
breath sample has been collected and shall indicate this by audible or visual
means. The commissioner shall authorize interlock service providers to adjust
the breath volume requirement to as low as 1.2 L upon receipt of documentation
from a user's licensed medical care provider verifying the existence of an
applicable medical condition that prevents the user from submitting a 1.5 L
sample.
(e) The following
information shall be stored in the data recorder of the device:
(1) The date and time of any use or attempted
use of a vehicle to include engine start and stops and the BrAC of the user
during those attempts whether successful or unsuccessful;
(2) The date and time of any tampering of the
device;
(3) The date and time of
any malfunctions of the device, to include the loss of power;
(4) The date and time of any failures to
provide retest samples;
(5) The
date that a "service required" message is issued to the user;
(6) The date and time when any service is
performed; and
(7) The number of
events in the data recording system.
(f) No device shall be equipped with a
mechanism that will allow the starting or operating of the motor vehicle
without taking the alcohol breath test.
(g) Devices shall be equipped with adequate
electronic anti-tampering features which include, at a minimum, the following:
(1) The ability for the device to retain its
tamper detection capabilities when disconnected from the vehicle's power
supply, or record that it was disconnected;
(2) The ability for the device to retain its
data memory when disconnected from the vehicle's power supply; and
(3) When the device detects a condition that
would be considered tampering, the device shall activate the vehicle's lights
and horn or other unique visual and audible indicator.
#7996, eff 12-1-03; amd by #8110, eff 6-24-04; ss by
#10082, eff 1-31-12
