28-1462. Ignition
interlock device certification; installer bonds
A. After consulting with the director of the
department of health services, the assistant
director for the motor vehicle division of the
department of transportation shall:
1. Certify ignition interlock devices.
2. Publish a list of certified ignition interlock
devices that includes information about the
manufacturers of the devices and where the devices
may be ordered.
3. Make the list available to the courts and
probation departments without charge.
B. The assistant director shall adopt rules
prescribing the requirements for certification
of an ignition interlock device. These rules
shall include:
1. The procedure for certification of ignition
interlock devices.
2. Provisions to ensure the reliability of
the ignition interlock device over the range
of motor vehicle environments.
3. Provisions to ensure that the ignition
interlock device works accurately in an unsupervised
environment.
C. The assistant director shall not certify
an ignition interlock device unless all of the
following are satisfied:
1. The device requires a deep-lung breath
sample or another accurate measure of the concentration
by weight of alcohol in the breath.
2. The device is made by a manufacturer that
is covered by product liability insurance.
3. The manufacturer of the device indemnifies
this state against any liability that may result
from the use of the device.
D. The assistant director may adopt, in whole
or in part, the guidelines, rules, regulations,
studies or independent laboratory tests performed
and relied on by other states or agencies or
commissions of other states in the certification
or approval of ignition interlock devices.
E. Each installer of a certified ignition
interlock device shall submit to the department
a bond in a form to be approved by the assistant
director and in an amount of at least twenty-five
thousand dollars. The bond inures to the benefit
of any person who is ordered or required to
equip a motor vehicle with an ignition interlock
device pursuant to article 3 of this chapter
or section 28-3319 and who suffers a loss because
of either of the following:
1. Insolvency or discontinuance of business
of the installer of the device.
2. Failure of the installer or agent of the
installer to comply with any rule adopted pursuant
to this section.
F. The assistant director shall adopt a warning
label design to be affixed to each certified
ignition interlock device on installation. The
label shall contain a warning that a person
tampering with, circumventing or otherwise misusing
the ignition interlock device is guilty of a
class 1 misdemeanor.
