Current through Vol. 42, No. 1, September 16, 2024
(a) The provisions
in this subsection only apply to the use of a device pursuant to an
Installation Authority.
(b) The
device shall:
(1) Permit a free restart of
the motor vehicle within two (2) minutes after the engine has shut off without
requiring a further breath alcohol test.
(2) Have a data storage system of sufficient
capacity to facilitate the recording and maintaining of all daily driving
activities and pictures for the period of time elapsed from one maintenance and
calibration to the next. All daily driving activity records in this data
storage system shall be maintained by the manufacturer or the licensed service
center and shall be available to the Installation Authority, Monitor and/or the
Board upon request.
(3) Display
tamper seals and a warning label that states: "Any person attempting to
physically disable, disconnect or wire around this device or who intentionally
fails to return the device upon request by the owner may be guilty of a
misdemeanor under Oklahoma law (47 O.S. §11-902a)." If the device consists
of separate pieces (e.g. a handset and separate base unit) a separate warning
label shall be placed on each piece.
(4) Effective November 1, 2022, incorporate a
camera on all initial new installations that is not located in the handset and
meets the following requirements:
(A) Each
camera shall be mounted to the vehicle so that it does not obstruct the
driver's view and provides a clear unobstructed view of the driver.
(B) Has a sufficiently wide angle that it
will be possible to determine whether the individual blowing into the device is
seated in the driver's seat.
(C)
The technician shall take a reference image of the participant in the driver's
seat during the installation appointment.
(D) The camera shall operate in all lighting
conditions and take an image of the driver with sufficient clarity and
resolution to allow driver identification.
(E) The camera shall capture an image on each
of the following events:
(i) An attempted or
successful breath alcohol test.
(ii) Each time the vehicle is started.
(iii) A circumvention.
(iv) A retest violation.
(c) The
startup set point value for the device shall be an alcohol concentration of
0.025 g/210L.
(d) The positive
result value for the device shall be an alcohol concentration of
0.025g/210L.
(e) A retest feature
is required while a vehicle's engine is in operation.
(1) The first retest shall be required at a
randomly variable interval ranging from five (5) to fifteen (15) minutes after
passing the startup test and starting the vehicle's engine. Subsequent retests
shall be required at a randomly variable interval ranging from fifteen (15) to
forty-five (45) minutes from the previously requested test for the duration of
the travel.
(2) The device shall
allow five (5) minutes for the retest to be completed.
(3) The retest set point value shall be an
alcohol concentration of 0.025 g/210L.
(4) An audible and/or visual indicator shall
come on to alert the driver that a retest is in progress. Once a retest is in
progress, failure to deliver a negative result within the time frame allowed
shall:
(A) Activate an audible and/or visual
indicator inside the passenger compartment of the vehicle, until the engine is
shutdown.
(B) Record a retest
violation in the data storage system, and
(C) Disable the free restart.
(f) The device shall
have an approved anti circumvention feature(s) activated at all
times.
(g) The device shall require
a confirmatory test in response to a circumvention.
(1) The device shall allow two (2) minutes
for the confirmatory test to be completed.
(2) The confirmatory test set point value
shall be an alcohol concentration of 0.025 g/210L.
(3) An audible and/or visual indicator shall
come on to alert the driver that a confirmatory test is in progress. Once a
confirmatory test is in progress, failure to deliver a negative result within
the time frame allowed shall:
(A) Activate an
audible and/or visual indicator inside the passenger compartment of the
vehicle, until the engine is shutdown.
(B) Record a circumvention violation in the
data storage system, and
(C)
Disable the free restart.
(4) Once the confirmatory test is passed, the
device shall enter the normal retest sequence as provided by these rules.
(h) The device shall
have a breath sample collection volume limit at or above 1.2 Liters unless an
alternative configuration has been approved by the Board.
(i) In addition to the standards and
specifications listed herein, the Board or its designee may impose additional
requirements, as needed, depending upon design and functional changes in device
technology and to ensure that the device functions properly and reliably.
