La. Admin. Code tit. 55 § I-613

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

Section I-613 - Ignition Interlock Standards

A. Any breath-alcohol ignition interlock device submitted to the department for approval as an approved ignition interlock device shall be accompanied by the certificate of an independent testing laboratory approved by the Applied Technology Division of the Office of State Police indicating that the device meets or exceeds the standards of the National Highway Traffic Safety Administration for such devices as published in Volume 57, No. 67 of the Federal Register, as currently extant or subsequently amended, or for which any exemptions from specific provisions of same have been granted by the department. A complete and certified copy of the testing protocol and the results thereof of the independent testing laboratory shall also accompany any breath-alcohol ignition interlock device submitted for approval.

B. In order to obtain approval of the department as an approved ignition interlock device, the manufacturer shall amply demonstrate that said unit meets or exceeds the above federal standards and fulfills the statutory requirements as to:

1. safe operation of the vehicle in which the unit is installed;

2. lack of interference with normal use of the vehicle;

3. protection against compromise or circumvention and preservation of evidence of such activity;

4. resistance to tampering;

5. ability to work reliably and accurately in an unsupervised environment;

6. ability to initiate a "restart" of the vehicle's ignition within one minute after the ignition has been turned off without requiring another breath-alcohol analysis;

7. measurement of a person's breath-alcohol concentration by delivery of a deep lung sample directly into the device;

8. disablement of the ignition system of the vehicle if the breath-alcohol concentration of the sample introduced into the device exceeds 0.03 grams of alcohol per 210 liters of breath;

9. disablement of the ignition system of the vehicle if the ignition interlock device has not been calibrated and serviced within a period of 67 days subsequent to its installation or last calibration or inspection, whichever is sooner;

10. recordation of each time the vehicle is started, the time of each start, how long the vehicle was operated and any instances of tampering or attempted tampering with the unit;

11. visibly indicate to the user and any qualified person:

a. the unit is on;

b. the unit has enabled the ignition system of the vehicle in which it is installed;

c. the unit is in need of service or calibration;

d. failure of the BAC threshold and the reading obtained by the unit on the breath sample introduced;

e. any other indication required by the department. The unit may augment visible signals or indications with audible ones;

f. in addition to the above standards, the department may require the unit submitted for approval to meet or exceed other requirements deemed necessary to insure the safety of the public or mandated by the above-specified federal BAIID regulations.

C. The manufacturer shall also supply for each approved unit sent to Louisiana for installation a sufficient supply of warning labels, one of which shall be affixed to each unit at all times it is installed which shall not be less than 1/2 inch in height by 3 inches in length and carry the following language:

"WARNING! ANY ACTUAL OR ATTEMPTED TAMPERING OR CIRCUMVENTION OF THIS DEVICE CAN SUBJECT YOU TO CRIMINAL AND CIVIL LIABILITY."

1. The manufacturer shall also supply to all authorized installers of its approved ignition interlock devices a sufficient supply of self-adhesive labels, one of which shall be affixed to the rear of each vehicle in which an approved interlock device is installed at a level not lower than that of the license plate on each vehicle and visible in daylight at a range of not less than 50 feet, triangular in shape and measuring 3 1/2 inches on each side, white in color, with red letters indicating "I.I.D." The manufacturer shall submit to the department samples of all such required labels at the time of submission of the ignition interlock device for approval.

La. Admin. Code tit. 55, § I-613

Promulgated by the Department of Public Safety and Corrections, Public Safety Services, Office of State Police, LR 19:782 (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.