250 Neb. Admin. Code, ch. 1, § 007

Current through September 17, 2024
Section 250-1-007 - INSTALLATION, CALIBRATION, AND REMOVAL
007.01 An ignition interlock device, required by an administrative license revocation, probation order, sentence, or Board order, shall be a device approved by the Department and installed by the provider in conformance with the directions of the manufacturer. A device must be installed by an installer at the provider's physical location or by a provider's mobile installation service.
007.02Instruction.

The provider shall instruct the driver in the operation of the ignition interlock device, safe operation of a motor vehicle while the ignition interlock device is installed, and compliance with required procedures, including but not limited to responding to a signal from the device to report to the provider for service. These procedures shall include a minimum 15-minute waiting period between the last drink of an alcoholic beverage and time of blowing into the ignition interlock device. The driver shall be instructed that he or she must contact the provider to have the interlock data logger downloaded within five days of receipt of a message for service. The driver shall be instructed that failure to arrange and complete such download or service within five days will result in a lockout requiring towing of the motor vehicle.

007.03Required Calibration.

The ignition interlock device shall signal a need for calibration to the set point (.03 BrAC) at 30 days. If the calibration is not checked by the provider prior to the 36th day, on the 36th day the ignition interlock device shall prevent the motor vehicle from being started. The ignition interlock device may be calibrated using either a wet alcohol standard or a compressed gas standard. The ignition interlock may be calibrated by the provider using a mailing service. The calibration record shall be maintained by the provider and a copy shall be given to the driver. The calibration record shall include:

007.03A The name of the person performing the calibration;
007.03B The date;
007.03C The value and type of standard used;
007.03D The unit type and identification number(s) of the ignition interlock device checked; and
007.03E The description of the motor vehicle in which the ignition interlock device is installed, including plate number and state, make, model, year, and color.
007.04Removal of Ignition Interlock Device.
007.04BRemoval of Ignition Interlock Device Prior and Legal Requirement for Ignition Interlock Device. An ignition interlock device may be removed by the provider upon a driver's request. A driver who has an ignition interlock device removed prior to the expiration date of the IIP or Class O interlock shall be cautioned that he or she cannot legally operate a motor vehicle until his or her period of revocation has passed and he or she has been issued a new driver license. An ignition interlock device may also be removed for any reason specified in the contract between the driver and the provider.
007.04CElectronic Removal Report. Removal of an ignition interlock device shall be electronically reported to the Department as provided in these regulations.
007.04DTransfer of Title. If a motor vehicle equipped with an ignition interlock device is sold or otherwise transferred as provided in Neb. Rev. Stat. § 60-395, the ignition interlock device must be removed from the motor vehicle before transfer of title or payment of any refund of registration fees, motor vehicle fees, or motor vehicle taxes. An owner may be required to present evidence of removal of the ignition interlock device prior to payment of any refund.
007.05 Repealed
007.06 Repealed
007.07 Repealed
007.08 Repealed

250 Neb. Admin. Code, ch. 1, § 007