N.M. Admin. Code § 18.20.11.8

Current through Register Vol. 36, No. 1, January 14, 2025

Section 18.20.11.8 - APPLICATION FOR APPROVAL OF IGNITION INTERLOCK DEVICES

A. Approval required. No person shall provide ignition interlock devices for installation without first having obtained approval of the device from the Bureau in accordance with the requirements of this rule.

B. Contents of application. A manufacturer seeking approval of an ignition interlock device shall submit an application to the Bureau. A person may obtain an application by contacting the Bureau or accessing the Bureau's website at http://www.nmshtd.state.nm.us The application shall include:

(1) the manufacturer's name, address, telephone number, fax number and e-mail address.

(2) the name and telephone number of a contact person.

(3) the name and number of the model or class of the device for which approval is sought.

(4) a list of other states in which the same device has been approved for use, and the name, address and telephone number of the authorizing agency in each state.

(5) a precise set of specifications describing the features of the device.

(6) detailed operating instructions for each device.

(7) a detailed description of the reference sample to be used for calibrating the device.

(8) the name and address of any independent laboratory that has tested the device or reference sample for which approval is sought.

(9) the territory in which the manufacturer proposes to operate. A manufacturer shall choose one or more of the following options:

(a) New Mexico State Highway District 1;

(b) New Mexico State Highway District 2;

(c) New Mexico State Highway District 4;

(d) New Mexico State Highway District 6;

(e) New Mexico State Highway Districts 3 and 4;

(f) New Mexico State Highway Districts 5 and 6;

(g) Statewide.

(10) the number, location, and type (fixed-site or mobile unit) of service centers the manufacturer proposes to establish in New Mexico, the nature of the relationship between the manufacturer and the service center operator (i.e., employee or independent contractor), and a plan for providing service within one hundred (100) miles or two (2) hours, whichever is less, of any sentenced driver's residence or place of business.

(11) a notarized statement or affidavit from an independent laboratory stating the name, address and phone number of the independent laboratory and the name of the person who tested:

(a) the device, certifying that each model or class of ignition interlock device for which the manufacturer seeks approval from the Bureau was tested in accordance with the Testing Specifications for Ignition Interlock Devices adopted by the Bureau and meets or exceeds the requirements of this rule. The manufacturer shall pay all costs of such testing.

(b) the reference sample, certifying that the reference sample to be used by the manufacturer's service center operators to calibrate the device is satisfactory for that purpose.

C. Completeness check. When the Bureau receives an application for approval of a device, the Bureau shall check the application for completeness.

(1) If the application is incomplete, the Bureau shall contact the applicant for additional information.

(2) If the application is complete, the Bureau shall review the application.

D. Approval and qualifying provisions. The Bureau shall notify the manufacturer in writing of its approval or disapproval of the device for use in New Mexico. The Bureau may deny approval of a device if the device or the manufacturer fails to meet the requirements of this rule. Within thirty (30) days of receipt of a notice of approval, a manufacturer shall submit to the Bureau:

(1) proof of product liability insurance from an insurance company licensed to do business in New Mexico covering defects in product design, materials, and manufacturing of ignition interlock devices, with minimum liability limits of one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate. The proof of insurance shall include a statement from the insurance company that it will notify the Bureau thirty (30) days before canceling the insurance.

(2) a surety bond for the benefit of the state of New Mexico in the amount of ten thousand dollars ($10,000) issued by a surety company licensed to do business in New Mexico to ensure replacement of the manufacturer's ignition interlock devices pursuant to paragraph 3 of subsection N of 18.20.11.9 NMAC or subsection D of 18.20.11.24 NMAC.

(3) a signed statement that the manufacturer shall indemnify and hold harmless the state of New Mexico, the Bureau and its officers, employees and agents from all claims, demands and actions resulting from damage, death, or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer relating to the installation, service, repair, use or removal of an ignition interlock device.

(4) a signed statement that the manufacturer shall comply with all requirements of this rule.

(5) a signed statement that each of the manufacturer's service center operators is a representative of the manufacturer for the purpose of accepting service of process and that service of process on one of the manufacturer's service center operators shall constitute service of process on the manufacturer.

N.M. Admin. Code § 18.20.11.8

18.20.11.8 NMAC - Rp, 18 NMAC 20.11.8, 1-1-03