Current through Register Vol. 46, No. 12, March 20, 2024
(a) A manufacturer of ignition interlock
devices shall apply to the department to certify a device for use in New York
State. The application shall be on a form or format specified by the department
with documents appended as necessary to provide the requisite information, and
shall include, but not be limited to:
(1)
name and address of the manufacturer, and contact information including,
identification of a person to respond to department inquiries;
(2) name and model of the ignition interlock
device;
(3) a detailed description
of the ignition interlock device, including: instructions for its installation
and operation; technical specifications, including, but not limited to,
accuracy; calibration stability; data security; and capability for data
collection and recording, tamper detection, and retesting, and unsupervised
operation in a range of environmental conditions;
(4) the manufacturer's statement that all
ignition interlock devices of the same make and model sold or offered for sale
or lease, for which certification is sought, meet the requirements of this
Part; and
(5) a certificate or
other document from an insurance carrier licensed in New York State
demonstrating that the manufacturer holds product liability insurance with
minimum liability limits of $1 million per occurrence and $3 million aggregate.
The documentation shall include the issuing company's statement that at least
30 days notice will be provided to the department whenever the issuing company
intends to cancel the insurance before the policy's expiration date. Liability
coverage shall include defects in product design and materials, as well as in
manufacture, calibration, installation and removal of devices.
(b) The manufacturer shall provide
the testing laboratory with:
(1) six
representative instruments of each ignition interlock device model for which
certification is sought, from which the testing laboratory shall select at
least two for testing;
(2)
instructions for device installation and operation; and
(3) a description of the device's
capabilities, including, but not limited to: security; data collection and
recording; tamper detection; circumvention prevention; retesting; and
unsupervised operation in a range of environmental conditions.
(c) At the request of a
manufacturer of ignition interlock devices, the commissioner shall certify the
ignition interlock device for use in New York State, provided the manufacturer:
(1) demonstrates, through arrangements with a
testing laboratory, that the model meets or exceeds the model specifications
for breath alcohol ignition interlock devices adopted by NHTSA and published in
the Federal Register on April 7, 1992 (57 Fed. Reg. 11772 - 11787, available
for public inspection and copying at the Department of Health Records Access
Office, Corning Tower, Empire State Plaza, Albany, NY 12237);
(2) demonstrates, through arrangements with a
testing laboratory, that the device meets the model specifications specified in
paragraph (1) of this subdivision when calibrated to a set point of 0.025%
BAC;
(3) has requested
certification for a device that employs fuel cell technology or another
technology with demonstrated comparable accuracy and specificity;
(4) has demonstrated that the certified
device can and would be installed to allow normal operation of the vehicle
after it is started, except as specifically approved by the department;
and
(5) has demonstrated compliance
with all the requirements of this Part.
(d) Certification shall be effective as of
the date of its issuance.
(e)
Certified ignition interlock devices installed in vehicles shall be uniquely
serial-numbered.
(f) Each
certification shall cover only one model of ignition interlock device.
Modifications to a model of a device, without regard to the manufacturer's
assigning a new model number, shall be reported to the department as required
in section
59.12
of this Part.
(g) The department
may deny, suspend or revoke the certification of an ignition interlock device
for reasons including:
(1) the device does
not meet the requirements for certification specified in this Part, including
but not limited to, the commissioner's determination that the testing
laboratory misrepresented a device's meeting such requirements;
(2) the manufacturer has failed to comply
with any requirement of this Part or of 9 NYCRR Part 358;
(3) substantial evidence exists that devices
manufactured, sold, leased, offered for sale or leased, or installed in
vehicles do not function in accordance with the specifications in this Part or
are easily circumvented or tampered with;
(4) substantial evidence exists that the
manufacturer has not made adequate provision for effective and timely
maintenance, inspection, calibration and repair of installed devices;
(5) the manufacturer is no longer in the
business of manufacturing devices;
(6) the manufacturer fails to retain the
required product liability insurance, including through cancellation or
non-renewal;
(7) the manufacturer
has been convicted of a crime or offense related to fraud; or
(8) the ignition interlock device does not
meet Federal model specifications for breath alcohol ignition interlock devices
adopted by NHTSA after the specifications referred to in paragraph (c)(1) of
this section are adopted.
(h) Notice of an ignition interlock device's
certification, discontinuation, suspension and revocation shall be published in
the State Register, and shall be provided promptly to the Division of Probation
and Correctional Alternatives. The commissioner shall make available a list of
certified ignition interlock devices upon request.