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) Incorporate a camera on all BOT IDAP
participant 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.
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.
