Chapter Saf-C 6500

CHAPTER Saf-C 6500 ALCOHOL IGNITION INTERLOCK DEVICE

Statutory Authority: RSA 265:93-a

PART Saf-C 6501 GENERAL PURPOSE

Saf-C 6501.01 Purpose. The purpose of these rules is to adopt a set of standards for the proper approval, installation and use of alcohol ignition interlock devices.

Source. #7996, eff 12-1-03

Saf-C 6501.02 Scope. These rules shall apply to all individuals who are court ordered to install alcohol ignition interlock devices and to interlock service provider’s for use in the state.

Source. #7996, eff 12-1-03

PART Saf-C 6502 DEFINITIONS

Saf-C 6502.01 "Alcohol ignition interlock device" means "alcohol ignition interlock device" as defined in RSA 259:43-a.

Source. #7996, eff 12-1-03

Saf-C 6502.02 "Alcohol setpoint" means the minimum alcohol concentration at which an alcohol ignition interlock device is set to lock a motor vehicle’s ignition.

Source. #7996, eff 12-1-03

Saf-C 6502.03 "Certified laboratory" means a laboratory certified by a state, that is properly equipped and staffed to conduct laboratory tests of alcohol ignition interlock devices to ensure they meet standards set by law and these rules.

Source. #7996, eff 12-1-03

Saf-C 6502.04 "Commissioner" means the commissioner of the New Hampshire department of safety.

Source. #7996, eff 12-1-03

Saf-C 6502.05 "Department" means the New Hampshire department of safety.

Source. #7996, eff 12-1-03

Saf-C 6502.06 "Director" means the director of the division of motor vehicles.

Source. #7996, eff 12-1-03

Saf-C 6502.07 "Division" means the New Hampshire division of motor vehicles.

Source. #7996, eff 12-1-03

Saf-C 6502.08 "Independent laboratory" means a testing laboratory not affiliated with manufacturer of an alcohol ignition interlock device or any service provider.

Source. #7996, eff 12-1-03

Saf-C 6502.09 "Interlock service provider" or "provider" means "interlock service provider" as defined in RSA 259:43-b.

Source. #7996, eff 12-1-03

Saf-C 6502.10 "Rolling re-test" means a test or tests taken randomly after the first test that allows the starting of a vehicle.

Source. #7996, eff 12-1-03

Saf-C 6502.11 "Offender" means the individual who is court ordered to install an ignition interlock device on any vehicle registered to that individual or used by that individual on a regular basis.

Source. #7996, eff 12-1-03

Saf-C 6502.12 "Tampering" means an overt, conscious attempt to physically disable, or hamper the proper operation of an alcohol ignition interlock device.

Source. #7996, eff 12-1-03

PART Saf-C 6503 MINIMUM STANDARDS OF APPROVED ALCOHOL IGNITION INTERLOCK DEVICES

Saf-C 6503.01 Minimum Standards for Alcohol Ignition Interlock Devices.

(a) All approved alcohol ignition interlock devices shall meet or exceed the specification for performance and testing of the National Highway Traffic Safety Administration as published in Volume 57, No. 67 of the Federal Register (April 7, 1992).

(b) The alcohol setpoint of the alcohol ignition interlock device shall be at 0.020 percent breath alcohol concentration.

(c) All approved alcohol ignition interlock devices shall operate properly at all temperature ranges experienced on public roads within the State of New Hampshire.

(d) All approved alcohol ignition interlock devices shall have a warning label affixed to the unit and carry the following text:

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

(e) Alcohol ignition interlock devices shall be calibrated for proper use and accuracy monthly, unless otherwise ordered by a court.

(f) Approved alcohol ignition interlock devices shall contain a data recording system that:

(1) Is able to record and store up to 90 days of driving events before requiring service, monitoring, calibration, or any other downloading or clearing of the alcohol ignition interlock devices’ data recording memory; and

(2) Shall be able to record information and produce reports containing the following:

a. A log of all attempts, whether successful or unsuccessful, to start the vehicle, including time and date of each attempt;

b. A log recording the breath alcohol content of the user at the time of each attempt;

c. A log of all the rolling re-tests taken during operation of the vehicle;

d. A log of all attempts to circumvent or avoid the taking of tests to start the vehicle and attempts to tamper with the alcohol interlock ignition device;

e. A log of the number of events in the data recording system; and

f. A log of the number of engine starts.

(g) No approved alcohol ignition interlock devices shall be equipped with a bypass device that will allow the starting of the vehicle without taking the alcohol breath test.

(h) All approved alcohol ignition interlock devices shall be equipped with anti-tampering features which include:

(1) Retaining its tamper detection capabilities when disconnected from the vehicle’s power supply, or record that it was disconnected;

(2) Retaining its data memory when disconnected from the vehicle’s power supply; and

(3) Activating a visual and audible indicator when the device detects a condition that would be considered tampering.

Source. #7996, eff 12-1-03

PART Saf-C 6504 FEES

Saf-C 6504.01 Collection of Fees. The interlock service provider shall be responsible for the collection of all fees and costs associated with the use of the alcohol ignition interlock device and services rendered in connection with its use.

Source. #7996, eff 12-1-03

Saf-C 6504.02 Hardship Credit.

(a) Notwithstanding Saf-C 6504.01, the approved interlock service provider shall provide installation and service to those offenders determined by the court to be unable to pay the full cost of an interlock program.

(b) For the purpose of providing an offender hardship credit, the interlock service provider shall reserve the equivalent of 2 percent of the service provider's gross receipts, excluding the purchase or rental cost of the interlock device, which credit and free service shall be reported annually to the department on the prescribed form, DSMV 561.

(c) "Annually", for the purpose of (b) above, means no later than 30 days after the yearly anniversary date of the approval of the interlock service provider.

Source. #7996, eff 12-1-03; ss by #8110, eff 6-24-04

PART Saf-C 6505 INSTALLATION AND REMOVAL OF ALCOHOL IGNITION INTERLOCK DEVICES

Saf-C 6505.01 Installation of Alcohol Ignition Interlock Device.

(a) The interlock service provider shall not permit the user of the alcohol ignition interlock device to view the installation of the alcohol ignition interlock device.

(b) After installation of a device, the interlock service provider shall inspect the vehicle and device to ensure that the device is functioning properly, reliably and accurately and that the device does not interfere with the normal operation of the vehicle.

(c) The interlock service provider shall provide the user with a certificate of installation which contains at minimum the following:

(1) The date of the installation;

(2) The name and address of the interlock service provider;

(3) The name of the technician that installed the device;

(4) The following vehicle information:

a. The registration number;

b. The year, make and model of the vehicle; and

c. Vehicle identification number; and

(5) The serial number of the alcohol ignition interlock device.

(d) The interlock service provider shall provide the user with:

(1) An emergency 24-hour telephone number for emergency assistance in the event of device failure or malfunctioning; and

(2) Written instructions regarding the proper use and maintenance of the device.

Source. #7996, eff 12-1-03; amd by #8110, eff 6-24-04

Saf-C 6505.02 Certificate of Installation. Pursuant to RSA 265:93-a, I, and in addition to any other requirements for license reinstatement, an offender shall provide to the division the certificate of installation prior to having his or her license restored.

Source. #7996, eff 12-1-03

Saf-C 6505.03 Driver License of Alcohol Ignition Interlock Device User. Any driver license issued to an offender shall be marked accordingly.

Source. #7996, eff 12-1-03

Saf-C 6505.04 Removal of Alcohol Ignition Interlock Device. The interlock service provider shall restore the vehicle to a safe and sound operating condition upon removal of the alcohol ignition interlock device.

Source. #7996, eff 12-1-03

PART Saf-C 6506 RECORDKEEPING

Saf-C 6506.01 Records.

(a) The interlock service provider shall maintain records, as outlined in (b) below, during the installation period and for a period of 3 years after the removal of the device.

(b) The following reports shall be maintained by the interlock service provider:

(1) Orders to install;

(2) Service, repair and replace reports;

(3) Noncompliance, tampering, or attempts to circumvent; and

(4) Monitoring reports from the device’s data recording system.

Source. #7996, eff 12-1-03; amd by #8110, eff 6-24-04

PART Saf-C 6507 REPORTING REQUIREMENTS

Saf-C 6507.01 Definitions. Whenever used in this part, the following terms shall be construed as set forth below, unless a different meaning is clearly stated within the text:

(a) "Major violation" means any of the following:

(1) A rolling retest violation;

(2) Three minor violations within a 3-month period;

(3) A report of the device’s data recording system indicates that the device has been tampered with or circumvented or there was an attempt to tamper or circumvent the device; or

(4) The device has been removed from the vehicle or the device has been installed in another vehicle owned by the offender.

(b) "Minor violation" means either of the following:

(1) Two months or more after the device is installed, each time the device’s data recording system indicates 3 start-up test failures within a monitoring period; or

(2) The offender fails to report to the device manufacturer, installer or service provider for monitoring within 7 days after his or her scheduled monitoring date.

(c) "Start-up test failure" means the device has prevented the motor vehicle form being started. Multiple unsuccessful attempts at one time to start the vehicle shall be treated as one start-up test failure under this part.

Source. #7996, eff 12-1-03

Saf-C 6507.02 Violation Reports.

(a) The manufacturer, installer or service provider of any device shall submit a violation report to the appropriate recipient, as set forth in Saf-C 6508.04 below, if the offender has committed a major or minor violation as defined in this part.

(b) A violation report containing a major violation shall be submitted to the appropriate recipient, as set forth in Saf-C 6508.04 below, not later than 7 days after the manufacturer, installer or service provider has downloaded the data from the device’s data recording system. All other violation reports shall be submitted to the appropriate recipient, as set forth in Saf-C 6508.04 below, not later than 15 days after the manufacturer, installer or service provider has downloaded the data from the device’s data recording system.

(1) All major and minor violations revealed by the monitoring of the device since the device was installed or since the last monitoring, whichever is later;

(2) The date and time of each violation listed in (a)(1) above;

(3) The name and address of the offender;

(4) The name, address and telephone number of the monitoring official;

(5) The following vehicle information:

a. Make, model and year;

b. Vehicle identification number;

c. Registration number and state of registration; and

d. Odometer reading;

(6) Make, model and serial number of the device;

(7) Calibration readings of the device;

(8) The dates of the monitor period;

(9) If the violation is for noncompliance:

a. A statement that the offender failed to keep his or her appointment to install or monitor the device, as applicable; and

b. Dates and times of any attempts made to contact the offender;

(10) The name, location and telephone number of the service center;

(11) Any comments from the monitoring official;

(12) The name of the monitoring official; and

(13) The monitoring official’s signature.

Source. #7996, eff 12-1-03

Saf-C 6507.03 Monitor Report.

(a) Pursuant to Saf-C 6504.01(e), the manufacturer, installer or service provider shall schedule the offender for a calibration of the device on a monthly basis, unless otherwise ordered by the court of jurisdiction.

(b) At the time of calibration, the manufacturer, installer or service provider shall complete a monitor report.

(1) The name and address of the offender;

(2) The name, address and telephone number of the monitoring official;

(3) The following vehicle information:

a. Make, model and year;

b. Vehicle identification number;

c. Registration number and state of registration; and

d. Odometer reading;

(4) Make, model and serial number of the device;

(5) The calibration reading of the device;

(6) The dates of the monitor period;

(7) A statement that the device:

a. Is calibrated;

b. The system has been inspected and is functioning properly; and

c. There is no evidence of tampering;

(8) The date, time and place of the next monitoring check;

(9) The signature of the offender;

(10) The name, location and telephone number of the service center;

(11) Any comments from the monitoring official;

(12) The name of the monitoring official; and

(13) The monitoring official’s signature.

Source. #7996, eff 12-1-03

Saf-C 6507.04 Distribution of Violation and Monitor Reports.

(a) The installer, manufacturer or service provider shall provide the offender with a copy of each violation report or monitor report at the time of monitoring or installation.

(b) If an offender is on probation, the installer, manufacturer or service provider shall submit a violation report to the offender’s probation officer and treatment provider, if applicable, within 15 days of the time of monitoring or installation. If an offender is not on probation, the installer, manufacturer or service provider shall submit a violation report to the court of jurisdiction and the arresting agency, within 15 days of the time of monitoring or installation.

(c) The installer, manufacturer or service provider shall provide the department with a copy of each violation report or monitor report within 15 days of the time of monitoring or installation.

Source. #7996, eff 12-1-03

APPENDIX

RULE NUMBER	STATUTE IMPLEMENTED

Saf-C 6501	RSA 541-A:7
Saf-C 6502	RSA 541-A:7
Saf-C 6503.01-6503.04 Repealed (Renumbering PART Saf-C 6504-6508 as PART Saf-C 6503-6507	RSA 265:93-a, IV, V & VI, RSA 541-A:16, I(b)(1), RSA 541-A:29, I and RSA 541-A:31
Saf-C 6504.02	RSA 265:93-a, VI(e) and RSA 541-A:7
Saf-C 6505.01(a)	RSA 265:93-a, V
Saf-C 6505.02(a) & (b)	RSA 265:93, VI(e)
Saf-C 6505.02(c)	RSA 541-A:7
Saf-C 6506.01(a) & (b)	RSA 265:93-a, VI(c), (d)
Saf-C 6506.01(c)	RSA 265:93-a, VI(f)
Saf-C 6506.01(d)	RSA 265:93-a, V
Saf-C 6506.02 & Saf-C 6506.03	RSA 265:93-a, I
Saf-C 6506.04	RSA 265:93-a, V & VI
Saf-C 6507	RSA 265:93-a, VI (c) & (d)
Saf-C 6508.01	RSA 541-A:7
Saf-C 6508.02 (a) & (b)	RSA 265:93-a, VI(c)
Saf-C 6508.02(c)	RSA 541-A:16, I(b)(1)
Saf-C 6508.03(a) & (b)	RSA 265:93-a, VI(c)
Saf-C 6508.03(c)	RSA 541-A:16, I(b)(1)
Saf-C 6508.04	RSA 265:93-a, VI(c)