Section Saf-C 6505.01 - Prohibition No device may be leased, sold, installed, or used as part of the program pursuant to RSA 265-A:36 unless the model or type of device has been approved by the division in accordance with the following specifications and performance criteria:
(a) All devices shall meet or exceed the following requirements for approval: (1) The device shall not impede the safe operation of a vehicle;(2) The device shall be capable of capturing and encoding digital or photographic images of the driver as the events occur and transmit data as events occur to the interlock service provider;(3) The device shall meet or exceed the specifications for performance and testing of the National Highway Traffic Safety Administration as published in Volume 78, No. 89 of the Federal Register, May 8, 2013 as noted in appendix B;(4) The device shall have an alcohol set point of .020 percent breath alcohol concentration;(5) The device shall prevent a driver from starting the vehicle when a breath test detects a BrAC of .020 or greater;(6) The device shall indicate by audible or visual means when a sufficient breath sample has been collected and indicate the result with only a pass or fail indication;(7) The device shall have a random retest feature requiring the driver to submit to random retest within random interval of time between 5 to 15 minutes after the driver has passed the initial breath test resulting in a successful start of a vehicle. Subsequent retests shall be required at random intervals ranging from 15 to 45 minutes from the previously required retest for the duration of travel;(8) The device shall lockout 5 days after either a missed calibration appointment or a violation reset occurs;(9) The device shall operate properly at all temperatures between -40° and 85° Celsius;(10) The device shall activate the vehicle's lights and horn or other unique visual and audible indicator when a required random retest is missed or failed;(11) The device shall be capable of recording data in its memory in such a manner that data cannot be erased and a hard copy can be printed;(12) The data recorder of the device shall 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; and(13) The device shall have warning label affixed to the unit that states the following: "WARNING! ANY ACTUAL OR ATTEMPTED TAMPERING OR CIRCUMVENTION OF THIS DEVICE CAN SUBJECT YOU TO CRIMINAL AND CIVIL LIABILITY."
(b) All devices shall be calibrated for proper use and accuracy every 180 days, unless otherwise ordered by a court or the department, a required violation reset, or as required by these rules, or as required per manufacturer's specifications to maintain the proper use and operation of the device in compliance with the ignition interlock program. (c) The use of a mail or remote calibration system is prohibited. However, in the instance of a missed calibration appointment or a violation reset occurrence, an interlock service provider may override a vehicle in lockout remotely for the sole purpose of allowing the user to report to a service center for calibration or a violation reset within 5 days. Notwithstanding any rule to the contrary, a remote override to a user shall be provided only once a calendar year.(d) All devices shall indicate when a 1.5 L breath sample has been collected and shall indicate this by audible or visual means. The commissioner shall authorize interlock service providers to adjust the breath volume requirement to as low as 1.2 L upon receipt of documentation from a user's licensed medical care provider verifying the existence of an applicable medical condition that prevents the user from submitting a 1.5 L sample.(e) The following information shall be stored in the data recorder of the device: (1) The date and time of any use or attempted use of a vehicle to include engine start and stops and the BrAC of the user during those attempts whether successful or unsuccessful;(2) The date and time of any tampering of the device;(3) The date and time of any malfunctions of the device, to include the loss of power;(4) The date and time of any failures to provide retest samples;(5) The date that a "service required" message is issued to the user;(6) The date and time when any service is performed; and(7) The number of events in the data recording system.(f) No device shall be equipped with a mechanism that will allow the starting or operating of the motor vehicle without taking the alcohol breath test.(g) Devices shall be equipped with adequate electronic anti-tampering features which include, at a minimum, the following: (1) The ability for the device to retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected;(2) The ability for the device to retain its data memory when disconnected from the vehicle's power supply; and(3) When the device detects a condition that would be considered tampering, the device shall activate the vehicle's lights and horn or other unique visual and audible indicator.N.H. Admin. Code § Saf-C 6505.01
#7996, eff 12-1-03; amd by #8110, eff 6-24-04; ss by #10082, eff 1-31-12
Amended by Volume XLII Number 41, Filed October 13, 2022, Proposed by #13448, Effective 9/20/2022, Expires 9/20/2032