8-1016. Same; ignition interlock devices; approval by division; immunity from civil and criminal liability; rules and regulations.
8-1016
8-1016. Same; ignition interlock devices; approval
by division; immunity
from civil and criminal liability; rules and regulations.
(a) The secretary of revenue may adopt rules and
regulations for:
(1) The approval by the division of models and classes of
ignition interlock devices suitable for use by persons whose driving
privileges have been restricted to driving a vehicle equipped with
such a device;
(2) the calibration and maintenance of such devices, which shall be the
responsibility of the manufacturer; and
(3) ensuring that each manufacturer approved provides a reasonable statewide
service network where such devices may be obtained, repaired, replaced or
serviced and such service network can be accessed 24 hours per day through a
toll-free phone service.
In adopting rules and regulations for approval of ignition interlock
devices under this section, the secretary of revenue shall require that the
manufacturer or the manufacturer's
representatives calibrate and maintain the devices at intervals not to exceed
60 days. Calibration and maintenance shall include but not be limited to
physical inspection of the device, the vehicle and wiring of the device to the
vehicle for signs of tampering, calibration of the device and downloading of
all data contained within the device's memory and reporting of any violation or
noncompliance to the division.
(4) The division shall adopt by rules and regulations participant
requirements for proper use and maintenance of a certified ignition interlock
device during any time period the person's license is restricted by the
division to only operating a motor vehicle with an ignition interlock device
installed and by rules and regulations the reporting requirements of the
approved manufacturer to the division relating to the person's proper use and
maintenance of a certified ignition interlock device.
(5) The division shall require that each manufacturer provide a credit of
at least 2% of the gross program revenues in the state as a credit for those
persons who have otherwise qualified to obtain an ignition interlock restricted
license under this act who are indigent as evidenced by qualification and
eligibility for the federal food stamp program.
(b) If the division approves an ignition interlock device in
accordance with rules and regulations adopted under this section, the
division shall give written notice of the approval to the manufacturer
of the device. Such notice shall be admissible in any civil or criminal
proceeding in this state.
(c) The manufacturer of an ignition interlock device shall reimburse the
division for any cost incurred in approving or disapproving such device
under this section.
(d) Neither the state nor any agency, officer or employee thereof shall
be liable in any civil or criminal proceeding arising out of the use of an
ignition interlock device approved under this section.
History: L. 1988, ch. 48, § 1; L. 1988, ch. 47, § 18;
L. 1994, ch. 319, § 4;
L. 2001, ch. 200, § 7; July 1.