Oklahoma Administrative Code
Title 40 - Board of Tests for Alcohol and Drug Influence
Chapter 50 - Ignition Interlock
Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians
Section 40:50-1-2 - Device certification process
Universal Citation: OK Admin Code 40:50-1-2
Current through Vol. 42, No. 1, September 16, 2024
(a) No device may be used in the state of Oklahoma unless it has been approved by the Board in accordance with the requirements stated herein.
(b) A list of approved device models shall be maintained by the Board and available for public review at the administrative office of the Board during regular business hours or by accessing the Board website at www.ok.gov/bot.
(c) A manufacturer representative seeking certification of a device shall:
(1) Complete
an application for certification of an ignition interlock device and remit the
appropriate fee in accordance with procedures established by the
Board.
(2) Provide proof, as deemed
appropriate by the Board, the device for which certification is being sought in
Oklahoma meets or exceeds the current National Highway Traffic Safety
Administration (NHTSA) specifications (78 FR 26849).
(3) Provide a current manufacturer's ISO
9001:2015 certification issued by an accredited registrar within the scope
requirements provided by the Board.
(4) Provide a certificate of insurance,
issued by an insurance company authorized to transact business in Oklahoma,
specifying:
(A) A product liability policy
with a current effective date;
(B)
The name and model number of the device model covered by the policy;
(C) Policy coverage of at least one million
dollars ($1,000,000) per occurrence and three million ($3,000,000) in the
aggregate;
(D) The manufacturer as
the insured and the state of Oklahoma as an additional insured;
(E) Product liability coverage for defects in
manufacture, materials, design, calibration, installation, and operation of the
device; and
(F) The manufacturer
will notify the Board immediately upon notice of cancellation of the product
liability policy.
(5)
Provide a schedule of all fees that may be charged to a participant. A
participant shall not be imposed or required to pay any unscheduled fee(s).
Such submission of schedule of fees shall be on an approved form provided by
the Board. Any modification to the schedule of fees shall be submitted to the
Board at least thirty (30) days prior to implementation.
(6) Devices shall use fuel cell technology
for breath alcohol testing and a camera in accordance with the requirements in
this Chapter.
(7) Agree to ensure
any service performed on a device installed pursuant to an Oklahoma
Installation Authority shall be in compliance with all requirements in this
title.
(8) Agree to ensure proper
record keeping and provide testimony relating to any aspect of the
installation, service, repair, use, removal, interpretation of any report or
information recorded in the data storage system of a device or performance of
any other duties required by this title at no cost on behalf of the State of
Oklahoma or any political subdivision.
(9) Shall authorize the Board of Tests to
release records viewable by the agency to law enforcement representatives for
investigative purposes on Board letterhead.
(10) Advise the Board whether the device for
which certification is being sought in Oklahoma is the subject of any action to
disallow, or has ever been, in any way, disallowed for use in another state
whether such action occurred before or after approval in Oklahoma and if or
when such action is or has been appealed in the other state and the outcome of
the appeal.
(11) Upon request of
the Board, for each device submitted for certification or certified under this
section, agree to install the device with all proposed anti circumvention
features activated in a vehicle provided by the Board. Any service performed
pursuant to this section, including but not limited to, installation,
maintenance, calibration or removal shall be completed at no cost to the Board.
(12) Agree to only distribute
Board approved solicitations related to the rules in this Chapter. Such
requests for approval shall be submitted with a form provided and approved by
the Board prior to distribution.
(13) Agree to strictly comply with the
affordability provisions of these rules.
(d) The Board may conduct compliance testing on the device submitted for certification, at any time.
(e) Certification shall be for only one device model.
(f) Approved devices shall be recognizable, as such, upon visual inspection.
Disclaimer: These regulations may not be the most recent version. Oklahoma 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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