Ariz. Admin. Code § 17-5-604

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

Section R17-5-604 - Ignition Interlock Device Certification; Application Requirements

A. A manufacturer shall offer for installation only an ignition interlock device that is certified by the Department under this Section.

B. To certify an ignition interlock device model, a manufacturer shall submit to the Department a properly completed application form that provides:

1. The manufacturer's name;

2. The address of the manufacturer's principal place of business in this state and telephone number;

3. The manufacturer's status as a sole proprietorship, partnership, limited liability company, or corporation;

4. The name of the sole proprietor or of each partner, officer, director, manager, member, agent, or 20% or more stockholder;

5. The name and model number of the ignition interlock device and the name under which the ignition interlock device will be marketed; and

6. The manufacturer's electronic mail address.

7. The following statements, signed by the manufacturer:

a. A statement that all information provided on the application form, including all information provided on any attachment to the application form, is complete, true, and correct;

b. A statement that the manufacturer agrees to indemnify and hold harmless the state of Arizona and any department, division, agency, officer, employee, or agent of the state of Arizona from all liability for:

i. Damage to property or injury to people arising, directly or indirectly, out of any act or omission by the manufacturer or the manufacturer's authorized IISP relating to the installation and operation of the ignition interlock device; and

ii. All court costs, expenses of litigation, and reasonable attorneys' fees;

c. A statement that the manufacturer agrees to comply with all requirements under this Article; and

d. A statement that the manufacturer agrees to immediately notify the Department of any change to the information provided on the application form.

C. A manufacturer shall submit the following additional items with the application form:

1. A document that provides a detailed description of the ignition interlock device and a digital image, drawing, or other graphic depiction of the device;

2. A document that contains the complete technical specifications for the accuracy, reliability, security, data collection, recording, and tamper detection capabilities of the ignition interlock device;

3. An independent laboratory's report for each device model that:

a. Presents supporting data to demonstrate that the ignition interlock device meets or exceeds the test results required by the Model Specifications For Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015. The NHTSA specifications and technical corrections are incorporated by reference and are on file with the Department at 206 S. 17th Avenue, Phoenix, AZ 85007, and the NHTSA Office of Research and Technology, 1200 New Jersey Avenue SE, Washington, D.C. 20590. This incorporation by reference contains no future editions or amendments;

b. Provides the independent laboratory's name, address, and telephone number; and

c. Provides the name and model number of the ignition interlock device tested.

4. A laboratory certification form, signed by an authorized representative of the independent laboratory that prepared the report required under subsection (C)(3), that states all of the following:

a. The laboratory is not owned or operated by a manufacturer and no other conflict of interest exists.

b. The laboratory tested the ignition interlock device in accordance with the Model Specifications For Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013 with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

c. The laboratory confirms that the ignition interlock device meets or exceeds the test results required under the Model Specifications For Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

d. The laboratory used properly maintained equipment and trained personnel to test the ignition interlock device.

e. The laboratory presented accurate test results to the Department.

5. A certificate of insurance, issued by an insurance company authorized to transact business in Arizona, specifying:

a. A product liability policy with a current effective date;

b. The name and model number of the ignition interlock device model covered by the policy;

c. Policy coverage of $1,000,000 and $3,000,000 in the aggregate;

d. The manufacturer as the insured and the state of Arizona as an additional insured;

e. Product liability coverage for defects in manufacture, materials, design, calibration, installation, and operation of the ignition interlock device; and

f. The insurance company shall notify the Department's Risk Management, Insurance and Indemnification Section in writing at least 30 days before canceling the product liability policy.

6. A statement that the ignition interlock device has a camera, includes a global positioning system, and provides real-time reporting.

D. For any installation of a certified ignition interlock device or any replacement of a device on a person's motor vehicle with another device, an IISP or an IISP-certified technician shall install only a certified ignition interlock device that meets the additional requirements in this Article, and meets or exceeds the test results required by the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.

E. A person whose CIID was installed prior to July 1, 2018, that does not meet all the requirements of Subsection (D) shall return to the person's IISP by October 1, 2020 to exchange the CIID for a CIID that meets all the requirements of Subsection (D).

Ariz. Admin. Code § R17-5-604

New Section recodified from R17-4-709.03 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-604 renumbered to R17-5-607; new R17-5-604 renumbered from R17-5-602 and amended 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.