29- 250 C.M.R. ch. 8, § 4

Current through 2024-17, April 24, 2024
Section 250-8-4 - Standards and specifications for ignition interlock devices
1.Federal standards. All ignition interlock devices must meet or exceed the standards established by the U.S. Department of Transportation, National Highway Traffic Safety Administration, identified as "Model Specifications for Breath Alcohol Ignition Interlock Devices" 78 Fed. Reg. 89, pp. 26862-26867.
2.Sufficient breath sample. The device must indicate by audible or visual means when a sufficient breath sample has been collected and indicate the result by a pass/fail signal.
3.Preventing starting of a vehicle. The device must prevent a driver from starting the vehicle when a breath test detects a BAC of .025 or greater and when a driver fails to appear for a scheduled service or violations service within the five day warning period.
4.Violation reset. Whenever the device's service reminder is activated by a violations reset feature the device must place the vehicle in a permanent lock out condition after five days.
5.Random retest feature. A random retest feature is required for all devices. The device must require the driver to submit to a random retest within a variable interval ranging from five to fifteen minutes after a driver has passed an initial breath test and started the vehicle. An audible or visual warning must alert the driver of the retest and the driver will have ten minutes to take the random retest. If the driver fails to submit to the retest within ten minutes or the device detects a BAC of .025 or greater, the horn will sound repeatedly until the vehicle is turned off. Once the vehicle is turned off, the device must not allow the driver to restart the vehicle within three minutes without taking an initial breath test. If the vehicle is turned off or accidentally stalls after or during the warning of an impending random retest, but before the driver takes the random retest, the device must prevent the driver from starting the vehicle without taking an initial breath test.
6. A device must be programmed to allow a maximum of three attempts to provide a breath sample on a retest within a ten minute period.
7. A device must record data in its memory in such a manner that data cannot be erased and a hard copy can be printed. The data recorder must be incorporated into a module that cannot be detached and must have a backup system to protect the security of all recorded data in the event the power supply to the device is interrupted or the sample head is disengaged or disconnected. The following information must be stored in the data recorder:
A. The date and time of any use or attempted use of a vehicle.
B. The date and time of any attempt to tamper, circumvent or bypass the device.
C. The date, time and alcohol concentration, in grams per 210 liters, of each breath sample provided to the device.
D. The date and time of any malfunctions of the device.
E. The date and time of any failures to provide retest samples.
F. The date that a "service required" message is issued to the customer.
G. The date that any service is performed.
8.Information provided to driver. A device must provide all of the following information to a driver.
A. The device's readiness for acceptance of a breath sample.
B. A reminder, seven days prior to a scheduled service date followed by awarning to obtain service within five days.
9.Permanent lockout feature. The device must place the vehicle in a permanent lockout state, if any of the following conditions occur:
A. Three or more breath samples have an alcohol concentration at or above the alcohol setpoint,
B. The device detects tampering, circumvention or bypass attempts,
C. Three refusals to provide a retest sample,
D. A scheduled service date is missed, or
E. Service is not obtained within five days of the service reminder.
10.Anti-tampering. A manufacturer shall ensure that a device has adequate electronic anti-tampering features which include the following:
A. A device must retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected.
B. A device must retain its data memory when disconnected from the vehicle's power supply.
C. When a device detects a condition that would be considered tampering, the device must activate a visual and audible indicator.

29- 250 C.M.R. ch. 8, § 4