§291E-6  Ignition interlock devices;
certification.  [Section effective January 1, 2011.]  (a)  The
director of transportation shall establish and administer a statewide program
relating to certification and monitoring of ignition interlock devices installed
pursuant to chapter 291E and shall select a single vendor to install and
maintain them.



(b)  The program shall include standards and
procedures for the certification of ignition interlock devices installed
pursuant to chapter 291E.  At a minimum, the standards shall require that the
devices:



(1)  Be certified by a nationally recognized
certification organization to meet or exceed all standards and specifications
provided as guidelines by the National Highway Traffic Safety Administration. 
"Nationally recognized certification organization" means a testing
laboratory or analytical chemist not affiliated with a manufacturer of ignition
interlock devices that is qualified to test ignition interlock devices or
reference samples and is approved by the United States Department of
Transportation.  The nationally recognized certification organization must be
able to administer performance tests of an ignition interlock device or a
sample provided by the vendor;



(2)  Operate using an alcohol-specific sensor technology;



(3)  Employ a digital camera by which a photograph of
the person using the device can be incorporated into the electronic record
generated by each use of the device;



(4)  Require a rolling retest by which the driver
must, within a specified period of time or distance driven after starting the
vehicle, be retested and found to have an alcohol concentration of less than
.02, with a margin of error of .01; and



(5)  Generate a record of vehicle usage, including
dates, times, and distances driven.



(c)  The program shall include standards and
procedures for the certification of the vendor selected to install and maintain
ignition interlock devices pursuant to chapter 291E.  At a minimum, the
standards shall require that the vendor:



(1)  Install only an ignition interlock device that is
certified pursuant to this section;



(2)  Offer or contract for ignition interlock device
installation and maintenance statewide;



(3)  Train drivers who are required to install an
ignition interlock device, pursuant to chapter 291E or 804, in how to use the
device;



(4)  Schedule the driver for all necessary readings
and maintenance of the device; and



(5)  Provide periodic reports regarding the use of
each ignition interlock device installed pursuant to chapter 291E, including incidents
of test failure, attempts to circumvent the device, and dates, times, and
distances the vehicle was driven.



(d)  The vendor selected for installation and
maintenance of ignition interlock devices pursuant to chapter 291E shall be
certified annually by the director of transportation pursuant to this section
and the rules adopted thereunder.  The vendor shall pay a certification fee to
the director of transportation who shall deposit the fee into the ignition
interlock special fund established pursuant to section 291E-5.



(e)  The director of transportation shall adopt
rules pursuant to chapter 91 necessary for the purposes of this section. [L
2008, c 171, pt of §2; am L 2009, c 88, §§3, 13, 17(2)]