Md. Code Regs. 11.13.10.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.13.10.08 - Installation Standards

A. The manufacturer of the device is responsible for ensuring proper installation procedures to include, but not to be limited to, the following:

(1) Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;

(2) Customers or other unauthorized persons may not be allowed to watch the installation of the device;

(3) Adequate security measures shall be taken to prevent unauthorized persons from accessing secured materials (tamper seals, installation instructions, computer disks, and any other material required to install, calibrate, monitor, or service the device);

(4) Each manufacturer shall develop detailed and written instructions for installation of its device in accordance with the guidelines adopted by the Administration;

(5) The installer shall screen the vehicles for acceptable mechanical and electrical conditions, in accordance with the manufacturer's instructions;

(6) Conditions that would interfere with the function of the device (for example, low battery or alternator voltage, stalling frequent enough to require additional breath tests, etc.) shall be corrected to an acceptable level;

(7) Installations shall be made in a workmanlike manner in accordance with accepted trade standards, and according to the instructions provided by the manufacturer;

(8) After a device is installed, the vehicle and device shall be checked to see that the installation was performed properly and that it does not interfere with the normal operation of the vehicle after it has been started;

(9) Each installation shall include all of the tamper resistant features required by the manufacturer and the Administration.

B. The manufacturer shall be responsible for ensuring physical anti-tamper securities which include, but which are not limited to, the following:

(1) A unique and easily identifiable wire, covering, or sheathing over all wires used to install the device, which are not inside a secured enclosure;

(2) A unique and easily identifiable covering, seal, epoxy, or resin at all exposed electrical connections for the device;

(3) Connections to the vehicle which shall be under the dash or in an inconspicuous area of the vehicle;

(4) A unique and easily identifiable tamper seal, epoxy, or resin at all openings (except the breath and exhaust ports) of the hand-held unit, control, and support units;

(5) Depending on the level of electronic anti-tampering security of a device, additional anti-tamper measures that could be taken such as the use of a special mark, seal, paint, epoxy, resin, or other material to mark points likely to be accessed when attempting to bypass or tamper with the device (for example, battery post terminals, wire to starter solenoid, wire to ignition, dash screws).

C. The manufacturer is responsible for ensuring electronic anti-tampering securities which include, but which are not limited to, the following:

(1) The device shall detect when the vehicle has been started without a breath test being passed, and shall either display the tamper or record it, or both, in a way that the information can be retrieved at a later date.

(2) The device shall retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected. Devices that lose their memory of tamper events when disconnected from a power source shall have an indicator or interrupt device.

(3) The device shall continuously record the time and date for each of the following vehicle and device operations:

(a) Breath test fail;

(b) Breath test pass;

(c) Alcohol level of breath test; and

(d) Any attempt to tamper with the device.

(4) When a device detects a condition that would be considered tampering, the device shall activate an indicator or interrupt device and capture and store a photographic image.

Md. Code Regs. 11.13.10.08

Regulations .08 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109); amended effective 46:19 Md. R. 815, eff. 10/1/2019