Or. Admin. Code § 257-100-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 257-100-0050 - Performance Standards for Ignition Interlock Devices

(1) Every device installed in a vehicle must be equipped with a camera. The camera must be mounted to the vehicle in such a way to maximize an image of the front driver and passenger seats. The camera must be installed and secured in a manner to limit any movement. The device camera must capture a photo in each of the following circumstances: when a breath sample is requested; when a breath sample is submitted; when a test violation or device circumvention is recorded. The device must be capable of storing all required data, including: the image, the date, the time, and BrAC of the accepted breath sample each time the individual attempts to use the device.

(2) The device camera must be able to capture a clear, unobstructed photograph in all lighting conditions.

(3) All images and data collected between calibration periods must be stored in the device's data storage system and be downloaded by the device manufacturer's representative, or their designee, at the time of calibration in order to ensure proper record maintenance.

(4) Every device currently installed in a vehicle must be equipped with the ability to record a circumvention or test violation as described in ORS 813.599.

(5) When the device receives a successful breath sample, the measurement shall be displayed to three decimal places and reported as the recorded BrAC of the accepted breath sample.

(6) After successfully passing a breath sample, the device must allow for a restart within two minutes without requiring an additional test.

(7) The device must not accept a breath sample if the device is in lockout.

(8) A device must require 1200 milliliters (mL) or 1.2 liters (L) of breath for an acceptable breath sample. For individuals who are unable to provide the minimum breath sample, the individual may apply for the IID medical exemption with the court or DMV in accordance with OAR 735-070-0082.

(9) After a successful initial or follow-up test, the device must require a random retest of the individual while a vehicle's engine is in operation as follows:

(a) A retest is required at random intervals ranging from five to ten minutes after starting the vehicle. Subsequent retests are required at random intervals ranging from 15 to 45 minutes from the previously required retest for the duration of vehicle operation;

(b) The device retest must allow 10 minutes for the retest to be completed; and

(c) A device must provide a distinct audible tone of at least 80 decibels (dB) and visual indicators to alert the driver that a retest is in progress. The tone must repeat at least every 30 seconds until a sample is provided or a test violation occurs.

(10) Upon a device registering a test violation, the device must:

(a) Immediately activate a unique repetitive audible tone of at least 80 dB with visual indicators on the display of the handset, until the engine is shut down or a successful test is submitted;

(b) Record the retest violation in the data storage system and disable the ability of the restart as defined in OAR 257-100-0005;

(c) Request a follow-up test;

(d) Allow multiple breath sample attempts for up to 10 minutes. The device fuel cell must be recovered and ready for use three minutes or less of a preceding test in accordance with the NHTSA model specification for BAIIDs as published in the 78 Fed Reg 26849-26867 (effective May 8, 2014); and

(e) Automatically and completely purge all residual alcohol before allowing subsequent tests.

(11) Every device currently installed must be able to accurately determine and record locational coordinate information of the vehicle, including latitude and longitude, as established by a global positioning system (GPS). GPS coordinates must be recorded when:

(a) The device is required to take a photograph as listed in subsection (1) of this rule;

(b) When the vehicle's engine is turned on; and

(c) When the vehicle's engine is turned off.

(12) The device must be programmed to enter the early recall setting when the device records:

(a) A second breath sample of 0.021% or higher in a single testing sequence;

(b) A breath sample of 0.021% or higher is provided and no additional samples are provided within ten minutes; or

(c) Any missed or refused retest.

(13) When a device enters early recall, service of the device must be performed within seven calendar days. Service must include inspection, download, data transferring, and calibration. The device must enter a lockout if the device has not been serviced within seven calendar days of entering early recall.

(14) A device may not enter early recall or similar setting for any reason not listed in section 12 of this rule, without OSP approval.

Or. Admin. Code § 257-100-0050

TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019; TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019; TSD 3-2019, renumbered from 737-005-0150, filed 05/30/2019, effective 07/01/2019; OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019; OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019; OSP 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020; OSP 3-2022, amend filed 05/20/2022, effective 5/20/2022

Statutory/Other Authority: ORS 813.600 & ORS 813.660

Statutes/Other Implemented: ORS 813.599 - 813.680