§291E-6  Ignition interlock devices;certification.  [Section effective January 1, 2011.]  (a)  Thedirector of transportation shall establish and administer a statewide programrelating to certification and monitoring of ignition interlock devices installedpursuant to chapter 291E and shall select a single vendor to install andmaintain them.

(b)  The program shall include standards andprocedures for the certification of ignition interlock devices installedpursuant to chapter 291E.  At a minimum, the standards shall require that thedevices:

(1)  Be certified by a nationally recognizedcertification organization to meet or exceed all standards and specificationsprovided as guidelines by the National Highway Traffic Safety Administration. "Nationally recognized certification organization" means a testinglaboratory or analytical chemist not affiliated with a manufacturer of ignitioninterlock devices that is qualified to test ignition interlock devices orreference samples and is approved by the United States Department ofTransportation.  The nationally recognized certification organization must beable to administer performance tests of an ignition interlock device or asample provided by the vendor;

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

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

(4)  Require a rolling retest by which the drivermust, within a specified period of time or distance driven after starting thevehicle, 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, includingdates, times, and distances driven.

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

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

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

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

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

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

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

(e)  The director of transportation shall adoptrules pursuant to chapter 91 necessary for the purposes of this section. [L2008, c 171, pt of §2; am L 2009, c 88, §§3, 13, 17(2)]