S.D. Admin. R. 2:06:02:06

Current through Register Vol. 51, page 34, September 9, 2024

Section 2:06:02:06 - Attorney general selection of ignition interlock device - Minimum requirements for ignition interlock device

Each participant shall use an ignition interlock device selected by the Attorney General. The Attorney General may not select a device unless it conforms to the following minimum requirements:

(1) The device meets the standards set forth in the National Highway Traffic Safety Administration "Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDS)" published in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pp. 11772-87;

(2) The device simultaneously records testing information and a digital photo of the participant during the testing process;

(3) The device is able to perform tests at least twice daily, even if the participant is not operating the vehicle, with testing times approximately 12 hours apart;

(4) The device and supporting hardware and software shall transmit, at least daily, all testing information and a digital photo for each test and all device malfunctions in a manner that the information is available to the participating agency enrolling the participant and may be made available on the Attorney General's reporting system; and

(5) The vendor of a participant submitting to ignition interlock device testing agrees to notify the applicable participating agency at least 24 hours prior to the removal or deactivation of an ignition interlock device if the participant fails to pay costs and expenses.

S.D. Admin. R. 2:06:02:06

37 SDR 236, effective 7/1/2011.

General Authority: SDCL 1-11-24.

Law Implemented: SDCL 1-11-24(1) and (2), 32-23-23.