Okla. Admin. Code § 40:50-1-5

Current through Vol. 42, No. 4, November 1, 2024

Section 40:50-1-5 - Maintenance and calibration

(a) The maintenance and calibration of a device shall be completed according to the following guidelines:

(1) The device shall enter a permanent lockout if the device has not been checked for calibration accuracy within sixty-five (65) days subsequent to the last check for calibration accuracy.

(2) The maintenance and calibration of the device shall only be performed by ignition interlock technicians duly licensed by the Board who shall perform a visual inspection of the vehicle, the device, and the device's wiring to ensure no tampering or circumvention has occurred.

(3) The maintenance and calibration will consist of, but not be limited to, a check of the device to determine:

(A) The device is configured to the specifications required in this title.

(B) The anti circumvention features are activated and properly functioning.

(C) The device is in calibration.

(D) The device is installed in an operable vehicle as defined in this title.

(i) The device shall be subjected to a calibration confirmation test. This test shall consist of introducing a sample from a calibration standard approved by these rules into the device.

(I) Calibration standard(s) shall be an alcohol concentration equivalent to a range of 0.020 g/210L to 0.050 g/210L plus or minus (+/-) 0.005 g/210L of the stated alcohol concentration.

(II) Only dry gas calibration standards appearing on the Conforming Products List of Calibrating Units for Breath Alcohol Testers (77 FR 64588) published by the National Highway Traffic Safety Administration may be employed in the maintenance and calibration of the ignition interlock device.

(III) Calibration standards shall be operated in accordance with the manufacturer's recommendations, unless modified by the Board or its designee, and shall be maintained in proper working order. This includes, but is not limited to, any required altitude adjustment.

(IV) Preparatory documentation (such as a certificate of analysis) stating the alcohol concentration on the calibration gas standard must be available for inspection while the gas standard is being utilized.

(ii) The calibration confirmation test shall verify the accuracy of the ignition interlock device to be within plus or minus (±) 0.01 g/210L of the stated alcohol concentration, unless modified by the Board en banc.

(iii) Should the ignition interlock device fail the calibration confirmation test:

(I) The ignition interlock device shall be recalibrated so as to restore accuracy before the device may be placed into service.

(II) That information shall be provided to the Board or its designee and/or the Installation Authority and/or the monitor upon request.

(iv) If the device fails to meet the requirements in this section, the device shall be removed from service and simultaneously replaced with a device that successfully meets the requirements in this section. All data contained in the data storage of the device being replaced shall be retrieved upon replacement. Records may be maintained electronically.

(b) The manufacturer's software utilized in a licensed service center by the licensed ignition interlock technician shall be capable of performing, documenting and reporting the result of this calibration confirmation test. All data contained in the data storage system shall be retrieved anytime the device is submitted to maintenance and calibration. Records may be maintained electronically. Upon completion of maintenance and calibration of the device, the licensed ignition interlock technician shall provide the participant a report showing the maintenance and calibration of the device.

(c) Outside the State of Oklahoma, maintenance and calibration of a device required for compliance with an Installation Authority, shall be completed in accordance with the rules in this section with the exception that the technician and service center performing applicable services shall be appropriately authorized pursuant to their jurisdictional authority.

Okla. Admin. Code § 40:50-1-5

Added at 21 Ok Reg 2657, eff 7-11-04¹; Added at 22 Ok Reg 221, eff 10-27-04 (emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Amended at 24 Ok Reg 287, eff 11-1-06 (emergency)²; Amended at 24 Ok Reg 2683, eff 6-4-07 (emergency)²; Amended at 25 Ok Reg 1527, eff 6-12-08; Amended at 27 Ok Reg 2667, eff 8-26-10

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/14/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

¹See Editor's Note 1 at beginning of this Chapter and Editor's Notice at 21 Ok Reg 3123.

²See Editor's Note 2 at beginning of this Chapter for additional information about these two emergency actions.