Idaho Admin. Code r. 39.03.49.301

Current through September 2, 2024
Section 39.03.49.301 - DEVICE SECURITY
01.Tampering or Circumvention Precaution. The manufacturer shall take all reasonable steps necessary to prevent tampering or physical circumvention of the device.
02.Device Identification. Each device shall be uniquely serial numbered. All reports to the trial court administrator or designee of an originating court concerning a particular device shall include the name and address of the lessee, the originating court's file number, and the unique number of the device.
03.Warning Label. The manufacturer shall provide a label containing a notice (at least ten (10) point boldface type) on each certified device which is visible to the lessee at all times reading: WARNING: ANY PERSON TAMPERING, CIRCUMVENTING, OR OTHERWISE MISUSING THIS DEVICE MAY BE SUBJECTED TO CRIMINAL SANCTIONS. (Section 18-8009, Idaho Code)
04.Physical Anti-Tamper Security.
a. Use unique, easily identifiable wire, covering or sheathing over all wires used to install the device, which are not inside a secured enclosure.
b. Make all connections to the vehicle under the dash or in an inconspicuous area of the vehicle.
c. Use unique, easily identifiable tamper seal, epoxy or resin at all openings and exposed electrical connections for the device (except breath or exhaust ports).
05.Personnel Requirements. Devices must be installed, inspected, tested and maintained by a qualified manufacturer or manufacturer's representative.
a. Installers must have the training and skills necessary to install, troubleshoot and check for proper operation of the device, and to screen the vehicle for acceptable operating conditions.
b. Installers whose functions and duties include installing, calibrating, performing tamper and circumventions inspections and reporting duties, should not have been convicted of a crime substantially related to the convicted lessee's violation. This includes, persons convicted of: Driving under the influence (DUI) within the last five (5) years; more than one (1) DUI overall; probation violation; and perjury.
c. For the purposes of this section, "convicted" shall include entering a plea of guilty, nolo contendere, or to have been found guilty or been given a withheld judgment.

Idaho Admin. Code r. 39.03.49.301

Effective March 31, 2022