Section 1340-03-06-.06 - APPROVED BAIID REQUIREMENTS(1) Only BAIIDs that are alcohol specific fuel cell devices may be used. These must be capable of recording, through a reliable electronic information system, all reports required in these rules. It is mandatory that all BAIIDs meet or exceed the most recent model specifications established by the NHTSA. Adherence to these standards must be verified by a laboratory which subscribes to the quality code of the International Standards Organization of the American National Standards Institute - or another commensurate laboratory approved by the Ignition Interlock Program.(2) All BAIIDs installed must include a camera component to comply with T.C.A. §§ 55-10-417 and 55-10-425. All BAIID cameras that are not integrated into the handset shall be mounted on the passenger side of the vehicle cabin facing toward the driver.(3) A photo should be captured when: (a) An initial test is requested;(b) A random retest is requested; or(c) Any time a breath sample is provided.(4) All BAIIDs installed on a participant's vehicle, beginning six (6) months after the effective date of these rules, must be equipped with and utilize Real Time Reporting.(5) A breath alcohol content (BAC) of .020 or greater shall prevent the vehicle from starting and constitutes a failure for retests.(6) The BAIID must allow the participant to provide a minimum of three (3) retests within ten (10) minutes of any failed initial test or random retest.(7) The first random retest should occur five (5) to fifteen (15) minutes after initial start-up and subsequent tests should occur fifteen (15) to forty-five (45) minutes from the conclusion of the previous retest.(8) All installed devices must cause the vehicle's horn to blow and the hazard lights to flash upon a violation of a random retest and stop only upon the ignition being turned off or a passed retest.(9) A violation will be recorded for any of the following reasons: (a) The engine is started without passing a breath test or while in a lockout state;(b) The user fails or refuses to take a random retest;(c) The user delivers a breath sample above the violation level of .020; or(d) The user tampers with or attempts to circumvent the device.(10) Once five (5) violations have occurred, the user must return for service within seventy-two (72) hours or the device will lockout and prevent the vehicle from starting. This shall not apply to BAIIDs equipped with real time reporting technology.(11) The service center or manufacturer is authorized to issue a temporary lockout code to a participant whose device is in a permanent lockout mode. The temporary lockout code will allow the vehicle to be started one (1) time, provided a proper breath test is submitted and passed, and should be valid for a period of time not to exceed two (2) hours. The temporary lockout code shall only be issued one (1) time in a thirty (30) day period for the purpose of allowing a participant to drive their vehicle to a service center for service.(12) The BAIID manufacturer must notify the Ignition Interlock Program before any software changes are made to the BAIID.(13) All breath reductions of the BAIID shall be approved by the Ignition Interlock Program. The required breath volume shall be set at 1.5 liters unless granted a medical exemption. If a reduction is approved the required breath volume shall not be set at less than 1.2 liters. The process for requesting a medical exemption breath reduction is as follows: (a) The client must obtain a plain-language statement from their primary care physician or pulmonary specialist that details why they are unable to utilize the BAIID.(b) The participant shall request permission from the Ignition Interlock Program to lower the required breath volume on the BAIID by sending the physician's statement to the Ignition Interlock Program at 1150 Foster Avenue, Nashville, TN 37210, by U.S. mail or electronically to safety.interlock@tn.gov(c) The Ignition Interlock Program will review the documentation and forward approvals to the manufacturer.(d) The manufacturer will advise the service center how to calibrate the BAIID.Tenn. Comp. R. & Regs. 1340-03-06-.06
Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.05 but was renumbered 1340-03-06-.06 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective 5/19/2020.Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.