Ariz. Admin. Code § 17-5-603

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-5-603 - Device Requirements, Technical Specifications, and Standards for Setup and Calibration

A. The accuracy of the CIID shall be determined by analysis of an external standard generated by a reference sample device.

B. A device shall have a demonstrable feature designed to assure that a breath sample measured is essentially alveolar.

C. A test of alcohol-free samples shall not yield a positive result. Endogenously produced substances capable of being present in the breath shall not yield or significantly contribute to a positive result.

D. All devices shall meet the setpoint requirements of R17-5-601 and the following requirements:

1. Be calibrated to have an accuracy within plus or minus 0.005 g/210L of the reference value;

2. Be calibrated using a known reference value between .020 g/210L and .050 g/210L; and

3. Be accompanied by a Certificate of Analysis (COA).

E. A device shall be designed so that anticircumvention features will be difficult to bypass.

1. Anticircumvention provisions on the device shall include, but are not limited to, prevention or preservation of any evidence of circumvention by attempting to use a false or filtered breath sample or electronically bypassing the breath sampling requirements of a device.

2. A device shall use special seals or other methods that reveal attempts to bypass lawful device operation.

F. A CIID shall have global positioning system capability, and the manufacturer shall electronically and wirelessly download in realtime from the device and transmit daily to the Department, a person's ignition interlock activity in an FTP batch file.

G. A CIID shall be equipped with a camera, which shall not distract or impede the driver in any manner from safe and legal operation of the vehicle, shall record all ignition interlock activity of the person, and shall provide any visual evidence of actual or attempted tampering, alteration, bypass, or circumvention, and report this information directly to the manufacturer.

H. The camera shall be able to record and store visual evidence of each person providing a breath alcohol test, and shall meet the following requirements:

1. At device installation, the camera shall take a reference picture of the person, which shall be kept on file;

2. A clear digital image shall be taken for each event, including initial vehicle start, all rolling retests, and whenever a violation is recorded;

3. Each digital image shall be a wide-angle view of the front cabin of the vehicle, including the passenger side, to ensure the camera can clearly capture the entire face of the person and any passengers; and

4. The camera shall produce a digital image of the person in all lighting conditions, including brightness, darkness, and low light conditions.

I. A device shall:

1. Automatically purge alcohol before allowing analysis.

2. Have a data storage system with the capacity to sufficiently record and maintain a record of the person's daily driving activities that occur between each regularly scheduled calibration check referenced under R17-5-610 and R17-5-706. An IISP shall download and transmit any digital images taken during a person's calibration check, during each rolling retest, and each time a person with the ignition interlock requirement or another individual starts the motor vehicle. A manufacturer shall make these digital images available to the Department on request.

3. Use the most current version of the manufacturer's software and firmware to ensure compliance with this Article and any other applicable rule or statute. The manufacturer's software and firmware shall:

a. Require device settings and operational features to include, but not limited to, sample delivery requirements, the set point, free restart, rolling retest requirements, violation settings, and temporary and permanent lock-outs; and

b. Prohibit modification of the device settings or operational features by a service center, or an IISP-certified technician unless the Department approves the modification under subsection (J).

4. Record all emergency bypasses in its data storage system.

5. Provide a visual reminder on the device that a calibration check must be performed on the person's CIID every 90 days, with prominent device notifications during each 77-day to 90-day interval within a person's ignition interlock period, of the following:

a. The device needs service; and

b. The time remaining until a permanent lock-out occurs.

6. Notify a person that failure to get the calibration check, including calibration and data download, by the end of each 90-day period will cause the vehicle to be in a permanent lock-out mode, and shall record the event in the data storage system.

7. On recording a violation of A.R.S. Title 28, Chapter 4, Article 5 for one instance of tampering or circumvention, any ignition interlock device malfunction, or any four valid reportable violations within a continuous 90-day period, emit a unique cue, either auditory, visual, or both, to warn a person that an early recall is initiated, requiring the person to return to the IISP in 72 hours for a violation reset.

8. Enter into a permanent lock-out if a person does not return to the IISP for a violation reset within 72 hours after an early recall occurs.

9. When a violation results in a permanent lock-out mode, the device shall:

a. Immobilize the person's vehicle;

b. Uniquely record the event in the data storage system; and

c. Require a violation reset by the IISP.

10. Enter into a temporary lock-out mode for five minutes when the device detects during the initial breath alcohol test that a person's breath alcohol concentration is at or above the set point.

11. After the five-minute temporary lock-out, the device shall allow subsequent breath alcohol tests with no further lock-out as long as each subsequent test produces a valid and substantiated breath test.

12. Have security protections and the capability to provide visual evidence of any actual or attempted tampering, alteration or bypass of the device, or circumvention.

J. No modification shall be made to the design or operational concept of a device model after the Department has certified the device for installation under Arizona law, except that:

1. A software or firmware update required to maintain a device model is permissible if the update does not modify the design or operational concept of the device.

2. Replacement, substitution, or repair of a part required to maintain a device model is permissible if the part does not modify the design or operational concept of the device.

3. If a manufacturer determines that an existing Department-certified ignition interlock device model requires any modification, the manufacturer shall immediately notify the Department.

Ariz. Admin. Code § R17-5-603

New Section recodified from R17-4-709.02 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-603 renumbered to R17-5-606; new R17-5-603 made by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.