Conn. Agencies Regs. § 14-227a-14a

Current through October 16, 2024
Section 14-227a-14a - Application for approval of device
(a) An applicant seeking approval of an IID shall apply to the commissioner on such forms as the commissioner may prescribe.
(b) The applicant shall certify the following with respect to each make or model device for which approval is sought:
(1) The device does not impede the safe operation of the motor vehicle;
(2) The device minimizes the opportunities for circumvention or tampering;
(3) The device correlates accurately with established measures of blood alcohol levels;
(4) The device performs accurately and reliably in an unsupervised environment;
(5) The device requires a proper and accurate measure of blood alcohol levels;
(6) The device operates reliably over a range of motor vehicle environments or motor vehicle manufacturing standards;
(7) The device provides an electronic record of the operator's experience with the device;
(8) The device, regardless of its make or model, or whether it is leased or sold, meets the requirements of sections 14-227a-11 a to 14-227a-28a, inclusive, of the Regulations of Connecticut State Agencies;
(9) The device uses a fuel cell sensor and other technology approved by the Department;
(10) The device shall be recalibrated and inspected and data from the device shall be downloaded every twenty-five (25) to thirty (30) days; and
(11) The device's breath test results shall not be subject to interference or alteration by radio signals.
(c) An applicant shall provide the commissioner with the following information:
(1) The name and address of the manufacturer and vendor, if applicable;
(2) The name and model number of the device;
(3) A detailed description of the device and its principal of operation, including instructions for its installation and operation;
(4) Technical specifications descriptive of the device's accuracy, security, data collection and recording, tamper detection and environmental features;
(5) A certificate from an insurance company authorized to do business in Connecticut providing evidence that the manufacturer or vendor holds product liability insurance with minimum liability limits of one hundred thousand dollars ($100,000) per occurrence, with a three hundred thousand dollar ($300,000) aggregate total. The liability covered shall include defects in product design and materials, as well as workmanship during manufacture, calibration, installation, inspection, maintenance and removal. The proof of insurance shall include a statement from the insurance carrier that thirty (30) days' written notice shall be given to the commissioner prior to cancellation;
(6) A copy of drawings, schematics, installation manual and wiring protocols for the device and its components if requested, and to the extent such information is not claimed to be proprietary or would be subject to public disclosure;
(7) A list with the name, address and license number of any person or firm that has been certified as qualified to install, maintain, calibrate, inspect or remove the applicant's device; and
(8) Such other information as the commissioner may require.
(d) The applicant shall submit an affidavit to the commissioner, certifying that the individual submitting the application is authorized by the manufacturer or vendor to act on its behalf.
(e) The applicant shall bear the costs associated with processing the application, including the costs of providing the commissioner with an affidavit from an independent testing laboratory regarding the make and model of the device for which approval is sought.
(f) The applicant shall provide an affidavit from an independent testing laboratory certifying that the make and model of the device submitted for approval meets or exceeds all requirements set forth in sections 14-227a-11 a to 14-227a-28a, inclusive, of the Regulations of Connecticut State Agencies. The testing laboratory shall be ISO 17025 certified. Such affidavit shall further provide:
(1) The name and location of the independent testing laboratory;
(2) The address and telephone number of the independent testing laboratory;
(3) A description of the tests performed;
(4) Copies of the data and results of the testing procedures; and
(5) The names and qualifications of the individuals performing the tests.
(g) The applicant shall agree to provide the commissioner with written notification of any denial, suspension or revocation by any government authority of an approval of its device within fourteen (14) days of the date that the manufacturer or vendor receives notice of such action.

Conn. Agencies Regs. § 14-227a-14a

Adopted effective September 7, 2005; Amended December 31, 2012; Amended May 1, 2017