La. Admin. Code tit. 55 § I-603

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-603 - Definitions

Approved Ignition Interlock Device- an ignition interlock device, as defined in R.S. 32:378.2(M) and R.S. 15:307(A), which meets or exceeds the standards of the National Highway Traffic Safety Administration as published in Volume 57, No. 67 of the Federal Register for Breath-Alcohol Ignition Interlock Devices, as extant or subsequently amended, or for which any exemptions from specific provisions of same have been granted by the department and is certified by the manufacturer and accepted by the department.

Approved Manufacturer- a manufacturer in good standing with the department who has furnished the necessary background information, demonstrated the necessary capability and who has received written approval of the department to supply approved ignition interlock devices in Louisiana. A manufacturer shall not be regarded as an approved manufacturer if approval has been withdrawn as to any matters concerning the supply of ignition interlock devices.

Court- the judge who sentences a person convicted of driving while intoxicated, and as a condition of probation, imposes the use of an ignition interlock device. This also includes the clerical and professional staff of such judge.

Department- the Department of Public Safety and Corrections, together with any of its agents or employees acting pursuant to the duties imposed by the statutes or other laws, as well as law enforcement authority, and under these regulations.

Manufacturer's File On Driver- a folder or other approved filing system containing copies of all documents required to be furnished by a probationary driver to the manufacturer, together with copies of all inspection reports, maintenance records, records of driver failure to meet with checkup appointments and deadlines, any reports to the court and all other documents related to the manufacturer's contacts with a probationary driver.

Manufacturer's Proof of Installation- a standard form, approved by the department, prepared and executed by the manufacturer or his designated representative who installs an approved ignition interlock device in a vehicle to be used in accordance with the provisions of the statutes and these regulations and submitted to the court or a probation officer designated by the court, within 30 days of the installation of the ignition interlock device.

N.H.T.S.A.- the federal agency known as the National Highway Traffic Safety Administration or any successor agency.

Probationary Driver- a Louisiana motorist who has been convicted of driving while intoxicated and given a probationary sentence which includes the requirement that he not operate a motor vehicle during his period of probation unless his vehicle is equipped with a functioning and approved ignition interlock device.

La. Admin. Code tit. 55, § I-603

Promulgated by the Department of Public Safety and Corrections, Public Safety Services, Office of State Police, LR 19:781 (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.