Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 15 - Safety and Emissions
Part 9 - Rules and Regulations Governing the Certification and Use of Ignition Interlock Systems
Section 280-RICR-30-15-9.4 - Certification of the System and Provider Requirements
Universal Citation: 280 RI Code of Rules 30 15 9.4
Current through September 18, 2024
9.4.1 Responsibilities of The Division of Motor Vehicles:
A. Any Service
Provider found not to be in compliance with any of the provisions of this
regulation may be subject to suspension or revocation of approval for any or
all its sites, after a hearing before the division. The Division may take into
account the nature and extent of the violation(s) and the past performance of
the Service Provider.
B. When the
court orders the use of an ignition interlock system, the DMV shall place an
appropriate notation, a "U" restriction, upon the operator's record and license
that clearly sets forth the requirement for an IID. Upon completion of the time
period set forth by the court or DMV for use of the IID, the operator shall
return to the DMV to request removal of the restriction from the
license.
9.4.2 Responsibilities of IID Service Provider
A. A manufacturer or other entity seeking
approval of any type of Ignition Interlock Device used to monitor compliance
with Rhode Island Ignition Interlock Restrictions must demonstrate to the
satisfaction of the Division that the device meets or exceeds the conditions
established in the new Model Specifications for Breath Alcohol Ignition
Interlock Devices (BAIIDs), National Highway Traffic Safety Administration,
Federal Register Vol 78, No. 89 published on May 8, 2013 and Federal Register
Vol 80, No. 60 published on March 30, 2015. The Division shall certify such
qualifying types of devices and shall publish a list of certified types of
devices.
B. A service provider
shall submit a completed application for certification, on a form provided by
the Division.
C. A service provider
shall submit, together with the application, a sworn certificate from a
professional scientific testing laboratory, independent of the provider's
business, attesting that the provider's ignition interlock system meets or
exceeds the current applicable certification standards set forth by NHTSA and
the U.S. Department of Transportation.
D. The service provider will submit in
writing the procedures it will undertake to monitor the IID systems installed
by the provider.
E. The provider
shall submit a warning label to the division in compliance with R.I. Gen. Laws
§
31-49-4 for approval by the Division. Once approved by the Division, the warning label
shall be attached to the IID in a position visible to the driver.
F. The service provider will submit a written
statement to the division certifying that they will comply with the
requirements set forth in R.I. Gen. Laws §
31-49-3(a)(1)
through (12), provisions for setting a
minimum and maximum calibration range, and the following additional
requirements that devices:
1. Prevent an
IID-restricted operator from starting an IID-equipped vehicle without a passed
test;
2. Require at least one
Rolling Re-test during any operation of an IID equipped vehicle lasting ten
minutes or longer;
3. Require
Rolling Re-tests to be conducted at random intervals during operation of the
vehicle;
4. Notify the operator
when a Rolling Re-test is required and permit an operator five minutes to blow
into the Ignition Interlock Device after the notification; and
5. Effectuate a lockout when an operator
commits an IID violation requiring a lockout as set forth in these
regulations.
Disclaimer: These regulations may not be the most recent version. Rhode Island 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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