La. Admin. Code tit. 55 § I-601

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-601 - Introduction

A. General Background. In the 1992 Regular Session, the legislature addressed the use of ignition interlock devices on vehicles available to persons convicted of driving while intoxicated. In Act 352 of the 1992 session, the legislature found it to be economically and technically feasible to have an ignition interlock device installed on a vehicle in such a way as to keep the vehicle from being started if the operator's blood-alcohol content is measurable and exceeds a level set herein. In this act, enacting R.S. 32:378.2 and Act 982, enacting R.S. 15:306 and 15:307, the legislature authorized the courts to impose the use of such devices as a condition of probation after conviction of driving while intoxicated.

B. Purpose. The purpose of these rules is to promulgate a set of standards for the proper use of ignition interlock devices [R.S. 32:378.2(J)], a set of rules and regulations for the proper approval, installation and use of such devices [R.S. 15:307(C)], adopt a warning label to be affixed to said devices warning of criminal and civil penalties for misuse of such devices [R.S. 32:378.2(L) and R.S. 15:307(E)] and otherwise to declare substantive and procedural matters related to the functions and duties of the Department of Public Safety and Corrections under the act to which reference is made above, as well as under its general authority set forth in R.S. 40:1304.

C. Interpretation. These rules shall be interpreted so as to favor the safety of the public and the findings of the legislature that ignition interlock devices are designed to supplement other conditions of probation and punishment of those convicted of driving while intoxicated. Usual rules of statutory construction on gender, time and similar matters shall apply. References to statutory standards, regulations, governmental agencies, companies, organizations, officials and similar persons or things shall be read as referring to and including any amendments or successors thereto.

D. Conflicts. Rules or language apparently or actually in conflict shall be read in accordance with the interpretative favor required in Subsection C above with the view of maximizing the effectiveness of every provision. In the absence of a rule specifically addressing a particular matter, there shall be applied reasonable, just and equitable procedures and substantive decisions which are predictable from the spirit and intent of the legislative enactments and these rules. The basis for such equitable procedures and substantive decisions shall be articulated in writing and given effect in a manner which protects the safety of the public while recognizing the lack of a prior specific regulatory provision.

La. Admin. Code tit. 55, § I-601

Promulgated by the Department of Public Safety and Corrections, Public Safety Services, Office of State Police, LR 19:780 (June 1993).

AUTHORITY NOTE: Promulgated in accordance with 57 FR, No. 67, 49 FR 48854, R.S. 32:378.2, R.S. 15:306, R.S. 15:307.