Idaho Admin. Code r. 39.03.49.100

Current through September 2, 2024

Section 39.03.49.100 - CERTIFICATION PROCESS

01.Equipment Standards. A device must be produced by a manufacturer who maintains certification to the current International Organization for Standardization (ISO) 9001 Quality Management Systems for aspects related to the design, maintenance and distribution of the device. Written documentation demonstrating compliance with this requirement shall be submitted to the Department by the manufacturer on an annual basis. Additionally, a device must meet or exceed the National Highway Traffic Safety Administration's (NHTSA) model specifications for breath alcohol ignition interlock devices (BAIIDs) as published in the Federal Register/Vol. 78, No. 89/Wednesday, May 8, 2013 and are subject to subsequent standards published by NHTSA. Written documentation from an independent testing laboratory that is an International Organization for Standardization (ISO) 17025 certified testing laboratory performing the tests as specified, will be accepted as proof of meeting or exceeding the NHTSA Model Specifications for BAIIDs. The documentation from the ISO 17025 certified testing laboratory shall include: the name, physical location, mailing address and phone number of the testing laboratory; a description of the tests performed; copies of the data and results of the testing procedures; and the name of the device being submitted for approval.

a. A manufacturer must report in writing to the Department a material device modification if there is a material change affecting the customer functionality, customer communication or accuracy of the device. Upon written receipt of a material device modification, the Department within thirty (30) days will determine whether written documentation from an independent testing laboratory that is ISO 170258 accredited will be required prior to implementing device usage in Idaho.

b. Devices that were certified under less stringent IDAPA rules governing BAIID devices or previous model specifications as published in the Federal Register will be grandfathered for use in the state for a period no longer than one hundred eighty (180) days from the effective date of the most recent published device specifications at which time the Letter of Certification for the device will be revoked pursuant to Subsection 100.05 of these rules, and removed in accordance with Subsection 100.07 of these rules.

02.Proof of Insurance. The manufacturer shall annually provide to the Department proof of insurance with minimum liability limits of one million dollars ($1,000,000) per occurrence, with three million dollars ($3,000,000) aggregate total. The liability covered shall include defects in product design and materials, as well as workmanship during manufacture, calibration, installation and removal. The proof of insurance shall include a statement from the insurance carrier that thirty (30) days' notice shall be given to the Idaho Transportation Department prior to cancellation.

03.Hold Harmless. The manufacturer shall provide to the Department a notarized statement that the manufacturer will be totally responsible for product liability and will indemnify the following from any liability resulting from the device or its installation or use:

a. The state of Idaho; and

b. The court that ordered the installation of the device.

c. The county, its employees and designees administering the program.

04.Manufacturer's Reporting Requirements. The manufacturer shall provide the Department a description of its installation and monitoring procedures, maintenance technician training program, and set of criteria for monitoring and reporting offenders.

05.Criteria for Certification and/or Revocation. Upon receipt of the required documentation from the Manufacturer as set forth in Subsections 100.01 through 100.04 of these rules the Department shall issue a Letter of Certification for the device. The Letter of Certification shall be valid until voluntarily surrendered by the manufacturer or until revoked by the Department for cause. Reasons for revocation include, but are not limited to:

a. Evidence of repeated device failures due to gross defects in design, materials and/or workmanship during manufacture, installation or calibration of the device;

b. Notice of cancellation of manufacturer's liability insurance is received; or

c. Notification that the manufacturer is no longer in business.

d. Voluntary request of the manufacturer to remove a device from the certified list;

e. Any other reasonable cause to believe the device was inaccurately represented to meet the performance standards; or

f. Failure to submit required reports to the Department.

06.Notice of Revocation. Unless necessary for the immediate good and welfare of the public, revocation shall be effective twenty-one (21) days after manufacturer's receipt of notice, which shall be sent via certified mail, return receipt requested. A copy of each Notice of Revocation and final outcome shall be provided to all originating courts or their designees and lessees utilizing the revoked device with notice to contact the manufacturer for a replacement.

07.Removal of Revoked Devices. Upon revocation or voluntary surrender of a certified device, a manufacturer shall be responsible for removal of all like devices from lessees' vehicles.

a. A manufacturer will be responsible for any costs connected with removal of their revoked devices from lessees' vehicles and the installation of certified replacement devices.

b. The manufacturer must obtain and maintain a bond in the amount of thirty-five thousand dollars ($35,000). The bond shall inure to the benefit of the State of Idaho and shall be used to reimburse expenses related to the device services incurred by any lessee who is required to equip a vehicle with a device by the State of Idaho because a manufacturer's certification is being refused, suspended, or revoked. The bond must include the following:

i. The bond must be issued by a corporate surety licensed to do business within the State of Idaho;

ii. The surety shall have the ability to cancel the bond and give notice that the bond is cancelled for any reason and shall continue to be liable under the bond until the commissioner of public safety receives notice;

iii. The bond must be executed to the State of Idaho; and

iv. The original bond must be filed and held in the Department's office.

08.Right to Appeal. Upon voluntary surrender, written notice of or revocation of a Letter of Certification for a manufacturer's device, manufacturers may request a review of the revocation. Such request shall be submitted to the Department, in writing, within twenty (20) days of receiving the written notice of revocation.

09.Repository for Letter of Certification. The Department shall maintain a file of all existing Letters of Certification.

Idaho Admin. Code r. 39.03.49.100

Effective March 31, 2022