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 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.
(4)
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.
(5) Devices shall use fuel cell technology
for breath alcohol testing and a camera in accordance with the requirements in
this Chapter.
(6) 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.
(7) 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.
(8) Shall authorize the Board of Tests to
release records viewable by the agency to law enforcement representatives for
investigative purposes on Board letterhead.
(9) 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.
(10) 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.
(11) 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.
(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.
Added at 21 Ok Reg 2657,
eff 7-11-041; Added at 22 Ok Reg 221, eff 10-27-04
(emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Amended at 24 Ok Reg 287,
eff 11-1-06 (emergency)2; Amended at 24 Ok Reg 2683,
eff 6-4-07 (emergency)2; Amended at 25 Ok Reg 1527,
eff 6-12-08; Amended at 27 Ok Reg 2667, eff
8-26-10
1See Editor's Note 1 at
beginning of this Chapter and Editor's Notice at 21 Ok Reg 3123.
2See Editor's Note 2 at
beginning of this Chapter for additional information about these two emergency
actions.
