PROPOSED REGULATION OF THE 
COMMITTEE ON TESTING FOR INTOXICATION 
 
LCB FILE NO. R176-22I 
 
 
  
The following document is the i nitial draft regulation proposed  
by the agency submi tted on 07/22/2022 
  
   
 CHAPTER 484C - TESTING FOR INTOXICATION 
  
GENERAL PROVISIONS 
     NAC 484C.010   Definitions. ( NRS 484C.480 , 484C.610 , 484C.620 , 484C.630 , 484C.640 )  
As used in NAC 484C.010  to 484C.180 , inclusive, unless the cont ext otherwise requires: 
     1.  “Committee” means the Committee on Testing for Intoxic ation. 
     2.  “Department” means the Depar tment of Public Safety.   
     3.  The phrase “device that prevent s an intoxicated person from sta rting a vehicle” has the 
meaning ascribed to the term “device” in NRS 484C.450 . 
     3. 4.  “Director” means the Director  of the Department of Public Saf ety. 
     5.  “Participant” means an individual who has been ordered, pursuant to provisions in 
NRS Chapters 483 or 484C, to opera te a motor vehicle, which has been equipped with a device 
that prevents an intoxicated pe rson from starting a vehicle. 6.  “Provider” means a person or 
company engaged in the business of manufacturi ng, selling, leasing, se rvicing, repairing or 
monitoring ignition interlock devices. 
  
     NAC 484C.020   Forensic analyst of alco hol: Certification. ( NRS 484C.620 , 484C.630 ) 
     1.  A person must apply to the D irector or his or her desi gnee on a form furnished by the 
Department of Public Safety for certification as a forensic ana lyst of alcohol. 
     2.  The Director or his or her  designee shall certify as a  forensic analyst of alcohol each 
applicant who: 
     (a) Possesses a baccalaureat e degree in a natural, physica l or forensic science;  
      (b) Has completed a minimum of: 
          (1) Twenty-four semester  hours in the study of chemis try at an accredited college or 
university; or 
          (2) Eighteen semester hours in the study of chemistry  at an accredited college or 
university and 1 year of full-time e xperience which has been ap proved by the Committee and is 
related to the forensic  analysis of alcohol; 
     (c) Has successfully completed a course which has been app roved by the Committee and 
consisted of at least 24 hours  of instruction on the design, ca libration and operation of the kind of 
breath-testing devices that the applicant will be calibrating o r teaching others to operate; and 
     (d) Demonstrates his or her competence in calibrating brea th-testing devices and in 
evaluating others on their comp etence in operating those device s. 
     3.  Certification as a forensic  analyst of alcohol is vali d for 2 years after the date of 
certification. 
  
     NAC 484C.030   Forensic analyst of alcohol:  Renewal of certificate. ( NRS 
484C.620 , 484C.630 )  The Director or his or her designe e shall renew the certifica te of any 
person certified by him or her as a  forensic analyst of alcohol  who applies in writing to the 
Director for a renewal before the certificate expires and: 
     1.  Successfully completes a course approved by the Commit tee, consisting of at least 8 
hours of instruction on the subjects  taught in the basic course  described in paragraph (c) of 
subsection 2 of NAC 484C.020  and demonstrates the person’s competence in calibrating breath -
testing devices and in evaluati ng others on their competence in  operating such devices; or  
      2.  Submits to the Director or designee the following docu ments: 
     (a) A current resume of the  person’s education and other q ualifications. 
     (b) Verification of attendan ce at no less than two seminar s or training progr ams related to the 
influence of alcohol on drivers. The  verification must include the dates of attendance, the names 
of the instructors and speakers,  and a general description of t he curriculum. 
     (c) Proof of acceptance as an expert in the field of breath alcohol  testing in no less than four 
courts of law. The proof must include the names of the courts, date of acceptance and the names 
of the cases for which the person was accepted as an expert. 
     (d)  Verification of continued activ ity in the field of breath alco hol testing since the person’s 
previous certification. 
  
PRELIMINARY BREATH-TESTING DEVICES 
     NAC 484C.050   Changes in list of approved devices. ( NRS 484C.610 ) 
     1.  Upon receipt of a petition  application from any interested person to make an addition to 
or deletion from the list of pr eliminary breath-testing devices  which are certified by the 
Committee pursuant to NRS 484C.610 , the Director or his or her  designee shall examine the 
petition  application  on behalf of the Committee. 
     2.  The Director or his or her designee may: 
     (a) Place the petition  application  on the agenda for the Committee’s next regularly 
scheduled meeting; 
     (b) Order that the device be  evaluated pursuant to subsect ion 4; or  
      (c) Deny the petition application . 
     3.  A person who is aggrieved by the denial of such a petition   application by the Director or 
his or her designee may appeal i n writing to the Committee. 
     4.  If a breath-testing device is to be evaluated, the Dir ector or his or her designee shall 
arrange for two of the fully equ ipped devices to be made availa ble to a laboratory designated by 
the Director or designee. The de signated laboratory must have o n its staff at least one certified 
forensic analyst of alcohol, who s hall evaluate the device in a ccordance with established 
scientific methods and p rinciples and determin e whether the dev ice, as designed and 
manufactured, is accurate and reliable to test a person’s breat h to determine the concentration of 
alcohol in the person’s breath when the test is administered at  the direction of a  police officer at 
the scene of a vehicle accident o r collision or where he or she  stops a vehicle. 
       NAC 484C.060   Required training of operator. ( NRS 484C.630 ) 
     1.  Before operating a prelim inary breath-testing device, the operator of a preliminary 
breath-testing device must satis factorily complete a course on the operation of the instrument. 
     2.  The instructor of the cour se must be a forensic analys t of alcohol, a manufacturer’s 
representative or a person approve d by a forensic analyst of al cohol. 
     3.  The course must meet the manufacturer’s requirements f or instruction in the proper 
operation of the preliminary brea th-testing device and be appro ved by the Committee. 
       NAC 484C.070   Calibration of device used by law enforcement agency. ( NRS 
484C.620 , 484C.640 )  
      1.  Each preliminary breath-te sting device used by a law e nforcement agency must be 
calibrated by the agency or a cer tified forensic analyst of alc ohol at least once a year. 
     2.  The calibration must include:      (a) Verification by the agency or  certified forensic analy st of alcohol of the response and 
accuracy of the device at no less th an three levels of alcohol within the range which corresponds 
to a concentration of alcohol i n the breath from 0 to 0.4 gram per 210 liters of breath, inclusive; 
and 
     (b) The response of the device to breath samples which do not contain alcohol. 
     3.  In order to be used, a preliminary breath-testing devi ce must also be tested for accuracy 
each month using a certified alcohol  standard for calibration. 
       NAC 484C.080   Records of person who calibrates , maintains or repairs device. (NRS 
484C.620 ) 
     1.  Each person who calibrates, maintains or repairs a pre liminary breath-tes ting device shall 
enter, at or near the time of t he activity, the following infor mation on a form approved by the 
Committee: 
     (a) Whether the calibrati on is done monthly or annually; 
     (b) The date and time of the calibration;      (c) The name of the person performing the calibration; and  
     (d) The response and accuracy of the device for each test which is performed. 
     (e) The nature and extent of m aintenance or repair perform ed on the device.  
      2.  The form must be retained by the agency. 
  
EVIDENTIAL BREATH-TESTING DEVICES 
     NAC 484C.090   Changes in list of approved devices. ( NRS 484C.610 ) 
     1.  Upon receipt of a petition  application from any interested person to make an addition to 
or deletion from the list of certif ied evidential breath-testin g devices which are certified by the 
Committee pursuant to NRS 484C.610 , the Director or his or her  designee shall examine the 
petition  application  on behalf of the Committee. 
     2.  If the Director or his or he r designee finds that the device named in the petition  
application  is: 
     (a) On the list of qualifie d products meeting the requirem ents of the National Highway 
Traffic Safety Administration, o r has been deleted from that li st, and that cause otherwise exists, 
the Director or designee may: 
          (1) Place the petition  application  on the agenda for the Committee’s next regularly 
scheduled meeting; or 
          (2) Order that the device  be evaluated pursuant to su bsection 4. 
     (b) Not on the list of qualif ied products of the National Highway Traffic Safety 
Administration or that cause does  not exist for the Committee t o consider the petition  
application , the Director or designee sha ll, within 30 days after receivin g the petition 
application , deny the petition  application  in writing, stating his or her reasons.  
      3.  A person who is aggrieved by the denial of such a petition  application  by the Director or 
his or her designee may appeal i n writing to the Committee. 
     4.  If a breath-testing device is to be evaluated, the Dir ector or his or her designee shall 
arrange for two fully equipped devi ces to be made available to a forensic laboratory designated 
by the Director or designee. The de signated laboratory must hav e on its staff at least one certified 
forensic analyst of alcohol, who s hall evaluate the device in a ccordance with established 
scientific methods and p rinciples and determin e whether the dev ice, as designed and 
manufactured, is accurate and re liable for the purpose of testi ng a person’s breath to determine 
the concentration of alco hol in the person’s breath. 
       NAC 484C.100   Certification as operator. ( NRS 484C.630 ) 
     1.  A person or his or her employer must apply to the Depa rtment of Public Safety on a form 
furnished by the Department fo r certification of the person as an operator of an evi dential breath-
testing device. 
     2.  The Director or his or her  designee shall certify as a n operator of an evi dential breath-
testing device each applicant w ho has successfully completed a course of instruction on the 
subject of the operation of devi ces for testing a person’s brea th to determine the concentration of 
alcohol in the person’s breat h which has been approved by the Peace Officers’ Standards and 
Training Commission and  the Committee. Such a course mus t be taught by a certified for ensic 
analyst of alcohol and must in clude instruction on and a determ ination of the applicant’s 
proficiency in the operation of t he devices for which certifica tion is granted.  
      3.  The Director or his or her  designee shall certify as a n operator of an addi tional evidential 
breath-testing device ea ch applicant who: 
     (a) Holds a current certifi cation as an operator of an evi dential breath-testing device; and 
     (b) Has successfully complet ed a course consisting of inst ruction on the subject of the 
operation of the device for testi ng a person’s breath to determ ine the concentration of alcohol in 
the person’s breath which has been approved by the Peace Officers’ Standards and Training 
Commission and  the Committee. The course must  be taught by a certified forens ic analyst of 
alcohol and must include instr uction on and a determination of the applicant’s proficiency in the 
operation of the device for whic h certification i s granted. 
     4.  The certificate issued by t he Director or his or her d esignee must specify by manufacturer 
and model the evidential breath-testing devices which the appli cant has been certified to operate. 
     5.  Certification as an operato r of an evidential breath-t esting device: 
     (a) Authorizes the holder of t he certificate to operate an y evidential breat h-testing device 
which he or she has been certifi ed to operate and any other suc h device in a series of the model 
of that specific evidential br eath-testing device if the Commit tee has certified t he other device in 
the series pursuant to NRS 484C.610  and the Committee has not made a finding that the person 
needs additional training to opera te the other device in the se ries; and 
     (b) Is valid for 3 years after the date of the certificati on. 
       NAC 484C.110   Renewal of certificate as operator. ( NRS 484C.630 )  The Director or 
his or her designee shall rene w the certificate of any person c ertified by the Director or designee 
as an operator of an evidentia l breath-testing device who:  
      1.  Individually or through the pe rson’s employer applies in writing to the Director for such 
renewal before the person’s cer tificate expires or within 6 mon ths after the person’s certificate 
expires; and 
     2.  Successfully completes a course consisting of instruct ion on the operation of devices for 
testing a person’s breath to dete rmine the concentration of alc ohol in his or her breath which has 
been approved by the Peace Officers’ Standards and Training Commission and  the Committee. 
  
     NAC 484C.120   Calibration of device used by law enforcement agency. ( NRS 
484C.620 , 484C.640 ) 
     1.  Each evidential breath-te sting device used by a law en forcement agency must be 
calibrated by a certifie d forensic analyst of  alcohol at least once within the 90 days immediately 
preceding the date on which the device is used to test a person ’s breath. 
     2.  The calibration must inc lude verification by the analy st of the response and accuracy of 
the device at no less than three levels of alcohol within the r ange which corresponds to a 
concentration of alcohol in the  breath from 0 to 0.4 gram per 2 10 liters of breat h, inclusive. 
       NAC 484C.130   Duties of operator. ( NRS 484C.620 , 484C.640 )  A certified operator of 
an evidential breath-testing device: 
     1.  In the ordinary course of hi s or her business and at t he time the operator is performing a 
test of a person’s brea th, shall use, follow the instructions i n and enter the appropriate 
information on the Checklist for Op erators of Breath-Testing De vices which is approved by the 
Committee for use with the type  of device that he or she is ope rating.  
      2.  Immediately before performi ng the evidentiary test of the person’s breath, shall verify the 
calibration of the device by testi ng it using an aqueous soluti on or gas which is certified to 
contain a specific concentrati on of alcohol within the range th at corresponds to a concentration 
of alcohol in the breath fro m .05 to .20 gram per 210 liters of  breath, inclusive. 
       NAC 484C.140   Records of law enforcement agency using device; entries into 
record. ( NRS 484C.620 ) 
     1.  Each law enforcement agenc y which uses an evidential b reath-testing device shall keep in 
the ordinary course of its busin ess a chronological record for each device. 
     2.  The operator or forensic an alyst of alcohol shall ente r into the record, at or near the time 
of his or her activity, for the: 
     (a) Test of a person’ s breath on the device: 
          (1) The name of the person tested; 
          (2) The date and time of the test; 
          (3) The name of the operator of the device;           (4) The result of the tes t to verify the calibration of the device; and 
          (5) The result of the tes t of the person’s breath. 
     (b) Calibration of the device:           (1) The date and time of the calibration;           (2) The name of the forensic analyst of alcohol who p erforms the calibration; and  
           (3) The response and accuracy of the device for each test which is performed. 
     (c) Maintenance or repair of the device:           (1) The date and time of the  maintenance or repair; 
          (2) The name of the person performing the maintenance  or repair; and 
          (3) The nature and extent of the maintenance or repai r. 
       NAC 484C.150   Records of forensic analyst of  alcohol who calibrates device. ( NRS 
484C.620 ) 
     1.  Each forensic analyst of a lcohol who calibrates or rep airs evidential breath-testing 
devices shall keep in the ordina ry course of his or her busines s a chronological record for each 
device upon which the analyst per forms calibrations or repairs.  
     2.  The analyst shall enter in to his or her record, at or near the time the analyst calibrates a 
device: 
     (a) The date and time of the calibration; 
     (b) The analyst’s name;      (c) The response and accuracy of the device for each test of calibration which is performed; 
and 
     (d) The nature and extent of a ny repair which the analyst performs on the device. 
   
 DEVICES THAT PREVENT INTOXI CATED PERSONS FROM STARTING 
VEHICLES 
New Section Definitions.  As used in the following sections: “Alcohol Set Point” means the Breath Alco hol Concentration (BrAC) defined in NRS 
484C.450 as 0.02 that, if met or exceeded, will result in that  action indicated . 
“Calibrate” means the process of testing an d adjusting a device to ensure accuracy.  
“Camera” means a peripheral device that is electronically tether ed to the ignition interlock 
device that captures an image of the dri ver’s seat as required in these rules. 
“Circumvention” means to bypass the correct oper ation of a device by starting the vehicle, by 
any means, without first providing a breath test. 
“Committee” means the Committee on Testing for Intoxication. 
“Department” means the Department of Public Safety. “Device” has the meaning ascribed to the term in NRS 484C.450 and is also referred to an 
“ignition interlock device”.  
“Director” means the Director of the Department of Public Safety. 
“Lockout Override” means a method of overridi ng a permanent lockout condition by 
providing a breath sample. 
“Manufacturer” means an International Organizatio n of Standards (ISO) 9001 certified 
organization responsible for the design, constr uction, and production of ignition interlock 
devices. 
“Manufacturer Agent” means the entity designated  by the manufacturer to provide services to 
include, but not be limited to, installation, calibration, routine maintenance, and removal of the device.  Also referred to as “Provider”.   
 “Participant” means an individual who has b een ordered, pursuant to provisions in NRS 
Chapters 483 or 484C, to operate a motor vehicle, which has been equipped with a device that 
prevents an intoxicated perso n from starting a vehicle.  
“Permanent Lockout” means a condition where th e device will not accept a breath test until 
serviced as defined in these rules. 
"Proper Record Maintenance" means the manufa cturer's complete records on every participant 
for a period of three (3) years from the date of  removal including, but not limited to, all data 
retrieved from the data stor age system of a device.  
 
“Provider” means the entity designated by the ma nufacturer to provide services to include, but 
not be limited to, installation, calibration, ro utine maintenance, and removal of the device.  
Also referred to as “Manufacturer Agent”.  “Retest” means a breath test that is required af ter the initial engine st art-up breath test and 
while the engine is running. 
“Routine Maintenance” means simple, small-scal e activities associated with regular and 
general upkeep of the ignition interlock device  against normal wear and tear, but does not 
include internal repair.   
“Tampering” means an attempt to physically dis able, disconnect, adjust, or otherwise alter the 
proper operation of a device. 
“Violation” means non-compliance with a law, re gulation, or rule as defined by a state. 
“Violation Re-set” means a feature of the device in which a service reminder is activated in 
response to a violation. 
New Section    Ignition Interlock Device requirements. 
     1.  A manufacturer shall offer for installation only an ignition interlock device that is 
certified by the Committee  Department  under this Section.  A ll ignition interlock devices 
installed or replaced shall comply with the following: 
     (a)  The device shall pr event a vehicle from starting or operating if the BrAC of a breath 
test result meets or exce eds the alcohol set point.   
 (b)  Upon the effective date of th ese rules, any new ignition inte rlock device installation shall 
be equipped with a camera that will not distract  or impede the driver in  any manner from safe 
and legal operation of the vehicle and will; 
(1) Encode a digital or photographic image of the vehicle driver including the time, 
date and BrAC level of all breath attempts . All images and data must be stored in 
the device's memory to be downloaded and stored by the manufacturer who shall 
ensure proper record maintenance. 
(2) Capture a digital image or  photograph of the driver: 
(A) Within five seconds after starting the vehicle. 
(B) Upon initial notification that a random retest is required. 
(C) When a violation reset condition is initiated. 
(3) Produce a digital image, identifiable verification or a photograph of the 
participant in all lighting conditions. 
(4) Ignition interlock devices currently inst alled on the effecti ve date of these rules 
will be equipped with a camera within one hundred twenty days of the effective date 
of these rules ; 
     (c)  Have the ability to sa mple a minimum of 1.5 liters of expi red breath that is required to 
test a participant’s breath; 
     (d)  Permit a restart of the motor vehicle within two (2) minutes after the engine has shut 
off without requiring a furt her breath test.     
    (e)  Have an approved anti circumvention feature(s) activated at  all times.      
(f) Require a confirmatory test in response to a circumvention; 
1. The device shall allow two (2) minutes for the confirmatory test;  
 2. An audible and or/visual indicator shall come on to alert the driver that a 
confirmatory test is in progress; 
3. Once a confirmatory test is in progress, fa ilure to deliver a breath test result below 
the alcohol set point within th e time frame allowed shall: 
(A) Activate the vehicle’s unique audible and/or visual indicator inside the 
passenger compartment of the vehicle , until the engine is shutdown. 
4. Once the confirmatory test is passed, the device shall enter the normal retest 
sequence as provided  by these rules. 
     (g)  Have a data storage system of su fficient capacity to faci litate the recording and 
maintaining of all daily driving activities for th e period of time elapsed from one calibration to 
the next. All daily driving activity records in th is data storage system sh all be maintained by 
the device manufacturer and shall be provided el ectronically to the Department up uploading 
and made available upon request by the Court.  
     (h)  Display tamper proof seals and a warning label that st ates: “WARNING!comm ANY 
ACTUAL OR ATTEMPTED TAMPERING OR CIRCUMVENTION OF THIS DEVICE 
CAN SUBJECT YOU TO CRIMINAL (NRS 48 4c.470) AND CIVIL LIABILITY”. If the 
device consists of separate pieces (e.g. a ha ndset and separate base unit) a separate warning 
label shall be placed on each piece;      
(i)  Require a retest while a vehic le’s engine is in operation.  
        (1)  The first retest  shall occur between 5- and 15-minutes  after the vehicle engine start; 
        (2)  The second and subsequent retests shall be required at a random interval ranging 
from 15- to 45-minutes from th e previously requested retest for the duration of travel;  
         (3)  The device shall allow si x-minutes for the retest to be completed; 
        (4)  The device must not enter a lockout condition during the retest; 
  (j)   A distinct audible and/or visual indicator shall come on to alert the driver that a retest is 
in progress. Once a retest is in progress, failure to deliver a breath test result below the alcohol 
set point within the time frame allowed shall: 
(1) Activate a unique audible and/or visual indicator inside the passenger compartment 
of the vehicle, until the engine is shutdown. 
(2) Record a retest violation in  the data storage system, and 
(3) Disable the free restart. 
     (k) Enter into a violatio n reset when the participant has:  
          (1) Recorded a circumvention;           (2) Record ed a retest violation;  
          (3) Failed to have the ignition inte rlock device serviced within  the time period described 
in this chapter. 
(l) Enter into a permanent lockou t if a violation reset occurs unless the vehicle is serviced 
within five days of when th e violation reset occurred.  
     1.  A permanent lockout shall only be remedied by a manufacturer’s agent, in person, or by 
the manufacturer providing a lockout override c ode.  A manufacturer shall not be authorized 
to provide for, or permit a lockout override  unless the manufacturer's lockout override 
procedure has been approved by the Committee  Department.  To be approved, the  
 manufacturer seeking approval of a lockout ov erride procedure shall demonstrate compliance 
with the following requir ements by device model: 
(a) A lockout override shall only be accompli shed by entering a numeric code into the 
device. 
(b) The lockout override code must be uni que to the interlock participant’s device as 
evidenced by the device serial number; 
(c) After unlocking the device, the device shall operate in ac cordance with the 
specifications outlined in these rules; 
(d) The lockout override shall not be valid  for more than 2 hours upon which the 
device shall lockout. 
(e) Each lockout override shall be uniquely identified and recorded in the device. 
 
     NAC 484C.160   Changes in list of approved devices. ( NRS 484C.480 , 484C.610 ) 
     1.  Upon receipt of a petition  application  from any interested person to make an addition to 
or a deletion from the list of de vices which prevent an intoxic ated person from starting a vehicle 
and which are certified by the Committee  Department pursuant to NRS 484C.610 , the Director 
or his or her agent  designee shall examine the petition  application on behalf of the Committee  
Department . No device may be used in the state of Nevada unless it has been approved by the 
Committee  Department on a biannual basis and  in accordance w ith the requirements in this 
regulation. All requests shall contai n as a minimum the following items: 
     (a)  The name, place of principle busine ss, telephone number of th e device’s manufacturer;  
      (b)  Model name or number and the techni cal specifications of each model submitted for 
certification; 
     (c)  Proof, current within five years, that the device meets or exceeds the current National 
Highway Traffic Safety Administration, Mode l Specifications for Breath Alcohol Ignition 
Interlock Devices (BAIIDs) as published in the Federal Register.  Verification that the device 
complies with these standards must be prov ided by an International Organization for 
Standardization (ISO) 17025 certi fied testing laboratory.  
     (d)  A copy of the ma nufacturer’s product liability insu rance certificate, issued by an 
insurance company authorized to transact busi ness in Nevada with a cu rrent effective date 
and specifying: 
     (e)  Written documentation and/or copies of:  
(1) All forms, documents, manuals or othe r written materials of the manufacturer 
utilized in the training of drivers using th e device, or marketing of its product, along 
with any audio-visual aids so utilized;   
(2) A Quality Assurance Plan describing th e calibration process used to verify the 
accuracy of the ignition interlock de vice in accordance with NAC 484C.170; 
(3) A Nevada Ignition interlock device configur ation profile in a format described by 
the Committee  Department ; and 
(4) The manual for training installers and the manual for servicing and maintenance 
of the ignition interlock device  
     (f)  Attach to the application or request a declaration that:  
         (1)  The manufacturer, and its employ ees will cooperate with the Department at all times, 
including any inspection of the manufacturer' s or its agent’s installation, service, repair , 
calibration, use, removal, or perfor mance of ignition interlock device; 
        (2)  The manufacturer agrees to pr ovide all downloaded ignition interlock device data, 
reports and information related to the ignition  interlock device to the Department or court 
having jurisdiction in an approved format; 
     2.  The Director or his or her agent  designee may: 
     (a) Place the petition application  on the agenda for the next reg ularly scheduled meeting of 
the Committee;    Review the application and determine approval or denial. 
     (b) Order that the device be eva luated pursuant to subsection 4; o r 
     (c) Deny the petition  application if the application is found  to be incomplete or does not 
meet requirements  
     3. A manufacturer may request an appeal to the Committee Department in writing within 
ten days of written notification of  any proposed denial of their petition  application . 
    4. Upon request the manufacturer shall provid e an ignition interlock device model for field 
or forensic laboratory testing by a cer tified forensic analyst of alcohol.  
If a device is to be evaluated, t he Director or  his or her agen t shall arrange fo r two of the fully 
equipped 
devices to be made available to  a forensic laboratory designate d by the Director or agent. The 
designated laboratory must have  on its staff at least one certi fied forensic analyst of alcohol, who 
shall evaluate the device in accordance with established scient ific methods and principles and  
 determine whether the device, as designed and manufactured, is accurate and reliable to 
determine the concentration of a lcohol in the person’s breath. 
 
 
NAC 484C.161 Removal from list of approved devices. 
1. The Committee  Department  may remove a device from the lis t of devices which prevent an 
intoxicated person from starting a ve hicle and which are certified by the Committee  
Department  pursuant to NRS 484C.610, fo r a device manufacturer's or  agent's violation of 
any of the laws or regulations related to the installation, servicing, monitoring, removal and 
calibration of ignition interlock devices. 
2. A copy of a notice of revocation for an ign ition interlock device will be provided by the 
Committee  Department  to the manufacturer. 
3.  If a device manufacturer of an approved ign ition interlock device is no longer in business 
or changes ownership, it shall immediat ely send written notification to the Committee  
Department  informing it that the device manuf acturer is no longer in business.  
 
4. A manufacturer may request an appeal to the Committee  Department  in writing within ten 
days of written notification of remova l from the list of approved devices.  
     NAC 484C.170   Calibration, testing and examinat ion; requirements; tampering. (NRS 
484C.480 , 484C.620 , 484C.640 ) 
     1.  Each device that prevents an intoxicated person from s tarting a vehicle must be examined 
by the  manufacturer or his or her agen t for correct calibration at lea st once every 90 days by  
 using a dry gas standard with an alco hol reference value between .030  and .050 g/210L. All 
results must be recorded in the manufacturer’s interlock data s torage system. 
     2.  The calibration must include: 
(a) Prior to adjusting the device for a ccuracy, a “Calibration Check” shall be 
performed by introducing a reference samp le into the ignition interlock device.  
(1) If the result of this calibration check is (±) 0.005 g/210L of the adjusted 
reference value introduced into the devi ce then no adjustment is required and 
the process is completed. 
(2) If the result of this calibration check  is not (±) 0.005 g/210L of the adjusted 
reference value introduced into the devi ce, the device shall be adjusted and the 
process may continue.   
(b) If the device was adjusted, a “Calibrati on Confirmation” shall be performed by 
introducing a reference sa mple into the device.  
(1) If the result of this calibration confirmation is (±) 0.005 g/210L of the 
adjusted reference value introduced into  the device then no adjustment is 
required and the process is completed. 
(2) If the result of this calibration co nfirmation is not (±) 0.005 g/210L of the 
adjusted reference value introduced into th e device, the device shall be adjusted 
and the process may continue.   
(c) If the device was adjusted, another calibr ation confirmation shall be performed by 
introducing the reference sa mple into the device.  
(1) If the result of this calibration confirmation is (±) 0.005 g/210L of the 
adjusted reference value introduced into  the device then no adjustment is 
required and the process is completed. 
(2) If the result of this calibration co nfirmation is not (±) 0.005 g/210L of the 
adjusted reference value introduced into th e device, the device shall be removed 
from service and returned to the device manufacturer for repair and/or 
replacement. 
(d) An ignition interlock device removed from  service for not passing calibration may 
be placed back in service in this State on ly if it is repaired by  the device manufacturer 
to meet the standards as outlined in this chapter. 
     (a) Verification by the manuf acturer or his or her agent o f the response and accuracy of the 
device at no less than two level s of alcohol, within the range that corresponds to a concentration 
of alcohol in the breath o f 0.02 to 0.10 grams, inclusive, of a lcohol per 210 liters of breath. The 
accuracy of the device must be w ithin 10 percent of the value o f the standard alcohol solution for 
each level. 
     (b) The response of the devi ce to breath samples that do n ot contain alcohol.  
      (c) Verification that the de vice prevents the motor vehicl e in which it is  installed from 
starting if the concentration of  alcohol in a person’s breath i s equal to or greater than 0.02 grams 
of alcohol per 210 liters of breath.  the limits established by  NRS 484C.450, subsection 2. 
     3. Dry gas alcohol standards must be: 
(a) Certified to a known reference value and traceable to National Institute of 
Standards and Technology - NIST Tra ceable Reference Material (NIST-NTRM) 
ethanol standards, and 
(b) Appear on the Conforming Products List  of Calibrating Units for Breath Alcohol 
Testers published by the National Highway Traffic Safety Administration (NHTSA). 
(c) Automatically adjusted by the manufacture r’s software for the elevation at which 
the dry gas is being used.  This is the “adjusted reference value”. 
(d) Within plus or minus (+/-) 0.005 g/ 210L of the adjusted reference value. 
     4 Dry gas alcohol standard tanks must: 
(a) Be stored in accordance with the manufacturer recommendations and shall be 
maintained in proper working order. 
(b) Have a Certificate of Analysis which will contain the following: Components and 
concentration of the reference value of the gas , expiration date which must not be longer 
than three years from the date of pre paration, and the lot or batch number. 
 
New section.  Standards and procedures for service centers.  (NRS 484C.480) 
     1.  All service centers shall comply with the following: 
     (a)  Only devices on the current Committee  Department  approved list may be installed, 
repaired, or serviced; 
     (b)  Devices installed on existing vehicles that do not meet the requirements for listing by 
the Committee  Department  on its approved device list mu st be replaced with currently 
approved devices; 
(c) Ensure that installers receive appropriate fo rmal training from the manufacturer on the 
make and model of devices to be inst alled, repaired, or serviced;      
     (d)  Device inst allations can only be performed by trained installers who have not been 
convicted of a crime involving fraud, theft, deceptive trade practices,, any misdemeanor or 
gross misdemeanor violations with the past two years, a driving under the influence conviction  
 within the past five years, or at  any time a felony conviction for a violent crime against person 
or property 
     (e)  Have and maintain a designated waiting area that is separate from the installation area 
for the customer.  The designated  waiting are must be shielded fr om the installation area so a 
customer or any other unauthorized person canno t witness the installation or service of the 
device; 
     (f)  Provide an area and the necessary audio-visual or computer equipment necessary for 
the training of participants and othe r affected drivers as provided by  the device manufacturer      
    (g)  Provide a customer a statement of charges in advance of any work performed that 
clearly specifies monthly lease amounts, wa rranty details, and any additional charges 
anticipated for routine calibratio n and service checks, including what items, if any, that are 
provided without charge.  The service cente r shall obtain the cust omer’s acceptance of 
estimated charges prior to performing any work; 
  (h)  Provide the customer written notice of any changes in the statement of charges 
regardless of which person or agency may have requested or directed the change, prior to 
conducting any such work on  the customer’s behalf; 
(i)  Be available to answer questions and to tr oubleshoot any mechanical issues related to the 
device in the vehicle, or to re pair or replace an inoperable or  malfunctioning device during 
normal working hours;(j)  Shall furnish a ll participants the service center’s hours of 
operation and a twenty-four hour telephone numbe r for use in the event of emergencies with 
the device.         
 (k)  Removal of devices shall be carried out so  that the vehicle ignition and other systems can 
be operated, reasonable wear and tear excepted, in the same manner as before the installation 
of the device; and 
     (l)  Perform work on a customer’s vehic le in a responsible, workmanlike manner causing 
no damage to the function or performance of th e vehicle other than the intended function of 
the installed device.  All collate ral damage to the vehicle’s func tion due to the installation of a 
device shall be corrected by the se rvice center at no charge to th e customer.  The service center 
may use a third-party authorized vehicle servic e center to make any and all required repairs 
assuming all costs of repairs and may not pa ss on to the customer any such costs. 
New section.  Orientation for program participants.  (NRS 484C.480) 
     1.  A provider shall provide orientatio n on the correct use of  an installed device: 
     (a)  All program participants, other fa mily members and friends who may operate the 
vehicle should receive orientation on the correct use of the d evice equipped vehicle; 
     (b)  Follow up or subsequent visits to  the provider’s facility for additional training by 
participants or other family members and friends ma y be required and shall be provided by the 
provider upon request; and 
     (c)  Training and orientation shall cove r all functions, operations and processes necessary 
to use the vehicle with the device installed.     2.  Provide proof of installation certificate to  participant to take to DMV to obtain a driver’s 
license with an interlock restrictio n with the followin g information:  
     (a)  Name, address and telephone numbers of the program participant;     
     (b) Make, model, year, vehicle identificat ion number, license plate number, including state 
of issue, for the vehicle in which the device was installed; 
     (c)  Date of installation  and name of installing technician; 
     (d)  Name and address of  the installing service center; 
     (e)  Make, model and serial  number of the device installed; 
     (f)  Term of device installation, date or frequency of monitoring checks and payment schedule; and      (g) If the installation was ordered by a court, provide the name and location of the court 
having jurisdiction   
New section.  Device monitoring requirements.  (NRS 484C.480)  
 1. Service, inspection and monitoring of each device shall occur thirty-days following the 
initial installation and at every thirty-days th ereafter.  The provider shall maintain all 
records for each program par ticipant, including the results of each monitor check. 
2. Date of installation and term of device installation. 
     3.  Data collected at each monitoring ch eck shall include the following items and shall be 
included in a report maintained by the provider       (a)  Name of the program participant;      (b)  Make, model, year, vehicle identific ation number, license plat e number, including state 
of issue, and for the vehicle in which the device was installed; 
     (c)  Number of miles dr iven during the monitored period; 
     (d)  Charges and costs assessed to the participant for the monitoring visit; 
     (e)  Date on next scheduled monitoring visit;      (f)  Details of any repair work performed on the device with a description of the probable cause requiring the repair work;      (g)  Areas of discussion, if any, w ith the program participant regarding problems or 
questions the participant has with the device or the status of the participant in the program; 
     (h)  Evidence of any a lteration, tampering, bypass or removal or attempts to remove the 
device;      (i)  Failure to abide by the terms an d condition of the court order or lease agreement 
observed by the provider, incl uding failure to appear for a scheduled monitoring check; 
     (j)  Device lockouts or vi olations and reasons for such actions; 
     (k)  Reports from the device of non-complian ce, such as a failure to take a random or time 
test;       (l)  Reports from the device of non-comp liance with the criteria specified by NRS 484C.470, 
subsection 1; and 
     (m)  Data from the devi ce indicating that the participant atte mpted to start the vehicle while 
under the influence of alcohol with a concentration of al cohol exceeding 0.04. 
     4.  If any evidence of tampering with the device is found, the tampering must be reported to 
the Department.      5.  Violations report or evidence of no n-compliance must be reported to the Department 
 
     NAC 484C.180   Records of person who calibrates , maintains or repairs device. (NRS 
484C.480 , 484C.620 ) 
     1.  The manufacturer or its agent who calibrates, maintain s or repairs a device that prevents 
an intoxicated person from starti ng a vehicle shall enter, at o r near the time of the activity, the 
following information on a form approved  prescribed by the Committee  Department : 
     (a) For calibration of the devi ce, the information must in clude: 
          (1) The date and time of the calibration;  
           (2) The name of the person performing the calibration ; 
          (3) The results of each ca libration test that is perf ormed; 
          (4) Verification that the d evice prevents the driver of the motor vehicl e in which it is 
installed from starting the mot or vehicle if a breath alcohol l evel of 0.02 gram or more per 210 
liters of the driver’s  breath is detected;  meets or exceeds the alcohol setpoint;  
          (5) Device repairs shall be perfor med by the device manufacturer.  
     2.  The manufacturer or its agent shall retain the form  all information per NRS 484C.480, 
subsection 1(b) and make it available upon request  to the Director or his or he r designee. 
 New section.  Installation and service charges by providers.  (NRS 484C.480)  
A chart of fees shall be displayed in a cons picuous location at any facility providing 
installation, service, repair or removal of a device. 
1. The provider must provide a fee waiver for the cost of installing or removing the device 
and monthly cost reduction in accordan ce with NRS 484C.480, subsection 1(d) and 
must display this feature on th e provider’s schedule of fees. 
New section.  Fees to be collected by the manufactu re/vendor to be transferred into the 
Departments Ignition Interlock Program Revolving Account. 
1. The Vendor/Manufacturer shall collect fr om the participant and transfer to the 
Department: 
a. A one time fee of …….. for every ne w installation of the device. 
b. A ………..fee for every calibration during  the entire installation period. 
2. The Manufacturer/Vendor shall deposit into the Departments account: 
a. A first time certification f ee in the amount of ………… 
b. A annual fee of …………for recertification 
c. A ……..fee for every technician certified to  provide installation, calibration, 
repairs, maintenance and removal of the device.   
 New section.  This regulation becomes effective ….  
References:   
 American  Association  of Motor Vehicle Administrators  (AAMVA).  (2015).  Ignition Interlock Program Best Practices 
Guide.  Retrieved  from: https://www.aamva.org/I gnitionInterlockBP Guide_August2015/  
Association  of Ignition Interlock Program Administrators  (AIIPA). (2016). Standardized  Vocabulary  – Standardized  
Best Practice Recommendations.   Retrieved  from: 
http://users.neo.registeredsite.com/2/9/5/13845592/a ssets/AIIPA_2016_Standardized_Vocabulary_and_Best_
Practices.pdf  
U.S. Department  of Transportation,  National Highway Traffic Safety Administration.   (2013).  Model Guideline  for 
State Ignition Interlock Programs .  Retrieved  from: http://www.shcmoks.com/media /images/NHTSAIgnition.pdf  
Association of Ignition Interlock Program Administrators (AIIPA ). (undated). Service Center Inspection/Best 
Practices.   Retrieved from: 
http://users.neo.registeredsite .com/2/9/5/13845592/assets/AIIPA _Best_Practices_for _Service_Centers.pdf  
 
      
PROPOSED REGULATION OF THE 
COMMITTEE ON TESTING FOR INTOXICATION 
EXPLANATION – Matter in italics  is new; matter in brackets [omitted material ] is material to be omitted. 
 
AUTHORITY: §§1-23 and 28-31, NRS 484C.480; §§24 and 25, NRS 484 C.620; §§26 and 27, 
NRS 484C.630. 
 
A REGULATION relating to breath-t esting devices; establishing a nd revising various provisions 
relating to ignition in terlock devices; revising provisions rel ating to persons certified to 
calibrate breath-testing devices , the calibration of preliminar y breath-testing devices 
and the certification of operators  of evidential breath-testing  devices; and providing 
other matters properly relating thereto. 
 
Legislative Counsel’s Digest: 
 Under existing law, a person is required to install an ignitio n interlock device in a motor 
vehicle that he or she operates  in certain circumstances. (NRS 62E.640, 484C.210 and 484C.460) 
Existing law requires the Comm ittee on Testing for Intoxication  to adopt regulations which: (1) 
provide for the certification of  ignition interlock devices; (2 ) prescribe the form and content of 
records respecting the calibra tion, installation, removal, insp ection, maintenance and operation of 
ignition interlock devi ces; (3) prescribe s tandards and procedu res for the proper installation,  
 removal, inspection, calibrati on, maintenance and operation of ignition interlock devices; and (4) 
require the cost of installi ng or removing an ignition interloc k device to be wai ved and the cost 
of leasing, calibrating or monito ring an ignition interlock dev ice to be adjusted for certain 
persons. (NRS 484C.480) 
 Section 11  of this regulation: (1) requi res that only ignition interlock devices that are 
included on a list of devices certified by the Committee may be  installed in a vehicle; (2) sets 
forth the requirements that an i gnition interlock device must m eet to be certified by the 
Committee; and (3) requires an i gnition interlock device to be recertified every 2 years. Section 
12 of this regulation establishes th e circumstances in which the C ommittee is authorized to 
remove an ignition interlock devi ce from the list of certified devices. Section 28  of this 
regulation sets forth the inform ation that must be included in a petition to make an addition to the 
list. Section 31  of this regulation requires a ny ignition interlock device that  was installed in a 
vehicle before the effective da te of this regulation and that d oes not meet the requirements 
established in this regulati on to be replaced with an ignition interlock device that meets the 
requirements established in t his regulation not later than 120 days after the date  this regulation 
becomes effective. 
 Sections 13 and 14  of this regulation establish p rovisions relating to certain br eath tests 
that must be taken. Section 15  of this regulation establishes p rovisions relating to lockout 
overrides performed when an ignitio n interlock device enters in to a mode in which it will not 
accept a breath test because  of certain violations. Section 29  of this regulation revises provisions 
relating to the calibration  of ignition interlock devices. 
 Sections 16 and 17  of this regulation e stablish requirements relating to entities  
designated to provide certain ser vices relating to ignition int erlock devices. Section 18  of this 
regulation requires such an entit y to provide a program of orie ntation regarding the correct use of 
an ignition interlock device and the operation of a vehicle in which such a device is installed, and 
section 19  of this regulation requires su ch an entity to issue to a drive r who is required to install 
an ignition interlock device a cert ificate that contains certai n information after the device is 
installed. 
 Section 20  of this regulation requires: ( 1) a person who is required to i nstall an ignition 
interlock device to have the devi ce inspected at least once eve ry 30 days; and (2) certain 
information to be collected dur ing each such appointment. Section 21  of this regulation requires 
a chart of fees to be displayed i n every facility that installs , replaces, repairs, removes or 
performs services on an ignition interlock device. Section 22  of this regulation requires the 
manufacturer of an igni tion interlock device to maintain all re cords for each driver using one of 
the manufacturer’s devices and keep all such records for a peri od of 3 years after the date the 
device is removed. 
 Existing law requires the Comm ittee to adopt regulations which : (1) establish methods 
for ascertaining the competence  of persons to cal ibrate breath- testing devices and provide for the 
certification of those persons by t he Department of Public Safe ty; and (2) prescribe the form and 
contents of records respecting the calibration of breath-testin g devices. (NRS 484C.620) Section 
24 of this regulation revises the r equired documents that a perso n who is certified to calibrate 
breath-testing devices must submit when applying for recertific ation, and section 25  of this  
 regulation revises pr ovisions relating t o the collection of inf ormation during the calibration of a 
preliminary breath-testing device. 
 Existing law requires the Comm ittee to adopt regulations which  provide for the 
certification of operators of  breath-testing devices. (NRS 484C .630) Sections 26 and 27  of this 
regulation revise provis ions relating to certain courses requir ed to be completed for the 
certification or recertificati on of an operator of an evidentia l breath-testing device by removing 
the requirement that such courses be approved by the Peace Offi cers’ Standards and Training 
Commission. 
 
 Section 1.  Chapter 484C of NAC is hereby amended by adding thereto the pr ovisions set 
forth as sections 2 to 22, incl usive, of this regulation. 
 Sec. 2.  As used in sections 2 to 22, inclusive, of this regulation, unless the context 
otherwise requires, the words and terms define d in sections 3 to 10, inclusive, of this 
regulation have the meanings ascribed to them in those sections.  Sec. 3.  “Agent” means the entity designated by  a manufacturer of a device to provide 
services relating to the device,  including, without limitation, th e installation, replacement, 
calibration, maintenance and removal of a device.  Sec. 4.  “Circumvention” means the bypassing of  the correct operation of a device by 
starting a vehicle by any means without first providing a breath test. 
 Sec. 5.  “Department” means the Department of Public Safety. 
 Sec. 6.  “Device” has the meaning ascribed to it in NRS 484C.450. 
 Sec. 7.  “Driver” means a person who is required to install a device in a motor vehicle 
pursuant to NRS 62E.640, 484C.210 or 484C.460.  Sec. 8.  “Permanent lockout” means a device mode in which the device will not accept a 
breath test until a lockout override is perfor med pursuant to section 15 of this regulation.  
  Sec. 9.  “Service center” means a fa cility where certain services  relating to a device are 
performed, including, without limitation, th e installation, replacement, calibration, 
maintenance and removal of a device.  Sec. 10.  “Tamper” means an attempt to physically disable, disconnect, adjust or 
otherwise alter the proper  operation of a device. 
 Sec. 11.  1.  A manufacturer shall only offer for inst allation or replacement a device that 
is included on the list of devices which ar e certified by the Co mmittee pursuant to NRS 
484C.610.  2.  To be certified by the Committee, a device must:  (a) Be manufactured by a manufacturer that is certified by the International Organization 
of Standards to ISO 9001 and is responsible fo r the design, construction and production of 
devices.  (b) Prevent a vehicle from startin g if the results of a breath te st indicate that a person has a 
concentration of alcohol of 0.02 or more in his or her breath. 
 (c) Have a data storage system  that has the capacity to facilitate the recording and 
maintenance of all daily drivin g activities for the period be tween each calibration test 
performed pursuant to NAC 484C.170.  (d) Be equipped with a camera that:   (1) Is electronically tethered to the device.   (2) Will not distract or impede the person driving the vehicle in any manner from the 
safe and legal operation of the vehicle.   (3) Is capable of producing a digital image , photograph or other identifiable verification 
of the person driving the vehic le in all lighting conditions.  
   (4) Captures a digital image or phot ograph of the person driving the vehicle: 
   (I) Not more than 5 seconds after the vehicle’s engine starts; 
   (II) Each time a notification is gi ven that a retest is in progress; and 
   (III) Each time a violation reset is recorded.  (e) Record the date, time and resu lts of each breath test taken. 
 (f) Store all digital images and recorded data in the device’s data storage system.  (g) Be capable of:   (1) Sampling 1.5 liters or more of expired breath; and 
  (2) Adjusting the sample amount to 1.2 liters of expired brea th with a medical 
recommendation and documentation by a physician.  (h) Except as otherwise provided in paragraph  (c) of subsection 4 of section 13 of this 
regulation, allow a vehicle to restart within 2 minutes after the engine is shut off without 
requiring a subsequent breath test. 
 (i) Have an approved anti-circumvention fe ature that is activated at all times. 
 (j) Require a confirmatory test that is cond ucted in accordance with section 14 of this 
regulation if a circumvention is recorded.  (k) Require a retest that is conducted in a ccordance with section 13 of this regulation while 
the vehicle’s engine is running.  (l) If the device records a circumvention or rete st violation or the driver fails to have the 
device inspected at a service center within the period required by subsection 1 of section 20 of 
this regulation, display a violation reset.  
  (m) If the device records a violation reset, enter into and remain in a permanent lockout 
unless a lockout override is performed pursuant to  section 15 of this regulation not more than 
5 days after the perman ent lockout occurred. 
 (n) Have tamper-proof seals an d display, on each separate pi ece of the device, a warning 
label that includes the following statement:  WARNING! ANY ADULT REQUIRED TO USE THIS DEVICE WHO TAMPERS WITH OR OPERATES A MOTOR VEHICLE WITHOUT THIS DEVICE SHALL BE PUNISHED IN 
ACCORDANCE WITH NRS 484C.470.   3.  To remain on the list of devices which ar e certified by the Committee, a device must be 
recertified by the Committee every 2 years.  4.  As used in this section, “violation rese t” means a feature of a device that activates a 
service reminder. 
 Sec. 12.  1.  The Committee may remove a device from the list of devices which are 
certified by the Committee pursuant to NRS 484C.610 if:  (a) The manufacturer or agent violates any law or regulation relating to the device, 
including, without limitation, the installation, replacement,  calibration, maintenance or 
removal of a device;  (b) The device is not recertified in accor dance with subsection 3 of section 11 of this 
regulation; or  (c) Upon receipt of the written notice fr om a manufacturer pursuant to subsection 4.  
  2.  If the Committee removes a device from th e list, the Committee will provide a copy of 
the notice of revocation to the manufacturer.  3.  A manufacturer may, within 10 days of receiving a notice pursuant to subsection 2, 
request an appeal from the Committee in writing.  4.  If the manufacturer of a device that is certified by the Committee is no longer in 
business or changes ownership, the manufacture r shall immediately notify the Committee in 
writing.  Sec. 13.  1.  After an initial breath test is take n for the purposes of starting a vehicle, a 
retest must be taken not less th an 5 minutes and not more than  15 minutes after the vehicle’s 
engine starts.  2.  For the duration of travel until the vehicle’s engine is shut off, one or more subsequent 
retests must be taken at  a random interval that is not le ss than 15 minutes and not more than 
45 minutes after the previous retest. 
 3.  When a retest begins, a distinct audible or  visual indicator must alert the driver that a 
retest is in progress.  4.  A retest must be completed within 6 minutes. If the driver fails to take a breath test that 
registers a concentration of alcohol lower than 0.02 in his or her breath within that period: 
 (a) A unique audible or visual indicator insi de the passenger compartment of the vehicle 
will be activated and remain activated un til the vehicle’s engine is shut off; 
 (b) A retest violation will be reco rded in the data storage system; and 
 (c) The restart feature allowed pursuant to paragraph (h) of subsection 2 of section 11 of 
this regulation will be disabled.  5.  The device must not enter into a perman ent lockout when a rete st is in progress.  
  Sec. 14.  1.  If a device records a circumvention, the driver must take a confirmatory 
breath test.  2.  When a confirmatory breath test begins, a distinct audible or visual indicator must 
alert the driver that a confirmato ry breath test is in progress. 
 3.  A confirmatory breath test must be comp leted within 2 minutes. If the driver fails to 
take a breath test that registers a concentratio n of alcohol lower than 0.02 in his or her breath 
within that period, a unique audi ble or visual indicator inside  the passenger compartment of 
the vehicle will be activated and remain activa ted until the vehicle’s engine is shut off. 
 4.  If a confirmatory breath test registers a concentration of alcohol lower than 0.02 in the 
driver’s breath, the device will revert to the norm al retest sequence in accordance with section 
13 of this regulation.  Sec. 15.  1.  If a device enters into a permanen t lockout pursuant to paragraph (m) of 
subsection 2 of section 11 of this regulation, a lockout override may be performed only by the 
manufacturer or agent. 
 2.  A lockout override must not be performe d unless the manufacturer’s lockout override 
procedure for the device model has been appro ved by the Committee in accordance with this 
section.  3.  The Committee will approve a manufacturer’ s lockout override procedure for a device 
model if the manufacturer demonstrates co mpliance with the following requirements: 
 (a) A lockout override may only be performe d on a device by entering a numeric lockout 
override code into the device. The lockout over ride code must be unique to the device, as 
evidenced by the device serial number.  
  (b) A lockout override must only remain valid fo r a period of 2 hours. If a breath test is not 
taken within that period, the device  will revert to a permanent lockout. 
 (c) Except as otherwise provided in paragraph (b), after a lockout override is performed, 
the device must continue to operate as normal.  4.  Each lockout override performed pursuant to this section must be uniquely identified 
and recorded in the device’s data storage system.  Sec. 16.  1.  Except as otherwise provided in su bsection 4, a service center may only 
install, replace or perform other services relating to  a device if the device is included on the list 
of devices which are certified by the Committee pursuan t to NRS 484C.610. 
 2.  Any person who installs, replaces or  performs services on a device must: 
 (a) Have received appropriate formal traini ng from the manufacturer on the make and 
model of the device; and  (b) Not have been convicted of: 
  (1) A gross misdemeanor, misdemeanor or crime involving fraud, theft or deceptive 
trade practices within the imm ediately preceding 2 years; 
  (2) Driving under the influence of alco hol or a controlled substance within the 
immediately preceding 5 years; or   (3) A crime of violence at any time.  3.  A service center must have a designated waiting area for customers that is separate from the area where services are performed on a device. The designated waiting area must be 
shielded from the area where services are perf ormed on a device so that a customer or any 
unauthorized person is unable to see the installa tion, replacement or servicing of a device. 
 4.  Only the manufacturer of a devi ce may perform repai rs on the device.  
  5.  As used in this section, “crime of vi olence” means any felony for which there is a 
substantial risk that fo rce or violence may be used against the person or property of another in 
the commission of the felony.  Sec. 17.  An agent must: 
 1.  Before any work is performed for a driver:  (a) Provide a statement of charges to  the driver that clearly specifies: 
  (1) The warranty details for the device;   (2) The monthly lease amount for the device; 
  (3) Any anticipated additional charges for routine calibration and service checks; and   (4) Any services or items th at are provided without charge; 
 (b) Obtain the driver’s acceptan ce of the estimated charges; and 
 (c) Provide to the driver written notice of any changes in the statement of charges, 
regardless of who requested or directed the change. 
 2.  Have someone available at the service cen ter during normal working hours to answer 
questions or troubleshoot any mechanical issues related to the device or to replace an 
inoperable or malfunctioning device.  3.  Provide to all drivers the service cente r’s hours of operation and a 24-hour telephone 
number to call in the event of an emergency with the device.  4.  Ensure that a person who installs, replaces  or performs services  on a device receives 
appropriate formal training fr om the manufacturer on the m ake and model of the device. 
 5.  Perform work on a vehicle in a respon sible, workmanlike manne r without causing any 
damage to or affecting the function or performa nce of the vehicle in any way other than the 
way in which the vehicle is intended to function or perform with the devi ce installed. If there is  
 any damage to the function or performance of the vehicle that is caused by the installation of 
a device, the service center:  (a) Must repair the damage;  (b) May use an authorized third-party vehic le service center to make the repairs; and 
 (c) Must assume all costs of the repairs and must not pass any such costs on to the 
customer.  6.  When the device is authorized to be re moved from the vehicle, remove the device in 
such a way that the vehicle ignition and other systems may, aside from reasonable wear and 
tear, be operated in the same manner as before the device was installed. 
 Sec. 18.  1.  An agent shall provide a program of orientation regarding the correct use of 
a device and the operation of a vehicle in which a device is installed.  2.  Any driver or other person who might opera te a vehicle in which a device is installed 
may participate in the program. 
 3.  The program must include training on all functions, operations and processes 
necessary to operate a vehicle while a device is installed. 
 4.  An agent shall, upon request, provide any additional training that is needed by a driver 
or other person who might operate a veh icle in which a device is installed. 
 5.  An agent shall provide the space and any audio-visual or computer equipment 
necessary for any training pursuant to this section. 
 Sec. 19.  After a device is installed in a vehicle, th e agent shall issue a certificate to the 
driver and transmit a copy of the certificate to the Department of Motor Vehicles. The certificate must contain th e following information: 
 1.  The name, address and telephone number of the driver.  
  2.  The make, model, year, vehicle identifi cation number, license plate number and state 
of registration of the vehicle in which the device is installed. 
 3.  The date the device was installed and the name of the person who installed the device. 
 4.  The name and address of the servic e center where the d evice was installed. 
 5.  The make, model and serial numb er of the device that was installed. 
 6.  The period for which the driver is  required to have the device installed. 
 7.  The scheduled frequency of  service center appointments. 
 8.  The payment schedule.  9.  If the installation was ordered by a court, the name and location of the court.  Sec. 20.  1.  After a device is installed in a ve hicle, a driver shall have the device 
inspected at a service center  at least once every 30 days. 
 2.  An agent shall collect the followin g information during each service center 
appointment: 
 (a) The name of the driver. 
 (b) The make, model, year, vehicle identifica tion number, license plat e number and state of 
registration of the vehicle in which the device is installed. 
 (c) The date the device was installed in the vehicle. 
 (d) The period for which the driver is  required to have the device installed. 
 (e) If the installation was ordered by a co urt, the name and location of the court. 
 (f) The number of miles driven during the period since the last service center appointment. 
 (g) The charges and costs assessed to th e driver for the serv ice center appointment. 
 (h) The date of the next sche duled service center appointment.  
  3.  In addition to the information required to be collected pursuant to subsection 2, an 
agent shall collect the following  information, if applicable: 
 (a) Any areas of discussion with the driver regarding problems with or questions about the 
device or the status of the driver in the program.  (b) Any failure by the driver to abide by the terms and conditions of the court order or lease agreement that the agent observes, includin g, without limitation, failure to appear for a 
scheduled service center appointment.  (c) Any permanent lockouts or violations r ecorded by the device and the reasons for such 
actions.  (d) Any records of noncompliance from th e device, including, w ithout limitation, any: 
  (1) Failure by the driver to take a required breath test; and   (2) Record that any of the incidents sp ecified in subsection 1 of NRS 484C.470 have 
occurred. 
 (e) Any data from the device indi cating that the driver attempte d to start the vehicle with a 
concentration of alcohol of 0.04 or more in his or her breath.  (f) Any evidence of actual or attempted alteration, tampering, circumvention or removal.  4.  An agent shall report any evidence of ta mpering, noncompliance or other violation to 
the Department and, if requested, to the court th at ordered the installation of the device. 
 Sec. 21.  1.  A chart of fees must be  displayed in a conspicuou s location in every facility 
that installs, replaces, repairs, remove s or performs services on a device. 
 2.  In accordance with paragraph (d) of su bsection 1 of NRS 484C.480, a manufacturer or 
agent must waive the cost of inst alling or removing a device and charge a reduced fee to lease, 
calibrate or monitor a device if the driver meet s the requirements set fo rth in subparagraph (1)  
 or (2) of paragraph (d) of subsection 1 of NR S 484C.480. Such a waiver and reduction of costs 
must be displayed on the chart of fees.  Sec. 22.  A manufacturer shall: 
 1.  Maintain all records for each driver  using one of the ma nufacturer’s devices, 
including, without limitation, all records of daily driving activiti es and records relating to the 
calibration, installation, removal, inspection,  maintenance and operation of the device. 
 2.  Keep all such records for a period of  3 years after the date the device is removed. 
 3.  Make all such records available upon reques t to the Director or his or her designee and 
the court that ordered the installation of the device.  
 Sec. 23.  NAC 484C.010 is hereby ame nded to read as follows: 
 484C.010  As used in NAC 484C.010 to [484C.180, ] 484C.170, inclusive, and sections 2 to 
22, inclusive, of this regulation, unless the context otherwise requires: 
 1.  “Committee” means the Comm ittee on Testing for Intoxicatio n. 
 2.  [The phrase “device that prevent s an intoxicated person from sta rting a vehicle” has the 
meaning ascribed to the term “device” in NRS 484C.450. 
 3 . ]  “Director” means the Director  of the Department of Public Saf ety. 
 Sec. 24.  NAC 484C.030 is hereby ame nded to read as follows: 
 484C.030  The Director or his or he r designee shall renew the certificate of any person 
certified by him or her as a for ensic analyst of alcohol who ap plies in writing to the Director for 
a renewal before the certificate expires and:  1.  Successfully completes a course approved by the Committee,  consisting of at least 8 
hours of instruction on the subjects  taught in the basic course  described in paragraph (c) of  
 subsection 2 of NAC 484C.020 and dem onstrates the person’s comp etence in calibrating breath-
testing devices and in evaluati ng others on their competence in  operating such devices; or 
 2.  Submits to the Director  or designee the following document s: 
 (a) A current resume of the  person’s educat ion and other quali fications. 
 (b) Verification of attendance at no less than two seminars or  training programs related to the 
influence of alcohol on drivers. The  verification must include the dates of attendance, the names 
of the instructors and speakers,  and a general description of t he curriculum. 
 ( c )  [Proof of acceptance as an expert  in the field of breath alcohol  testing in no le ss than four 
courts of law. The proof must include the names of the courts, date of acceptance and the names 
of the cases for which the person was accepted as an expert. 
 ( d ) ] Verification of continued activ ity in the field of breath alco hol testing since the person’s 
previous certification.  
 Sec. 25.  NAC 484C.080 is hereby ame nded to read as follows: 
 484C.080  1.  Each person who calibra tes, maintains or repairs  a preliminary breath-testing 
device shall [enter, ] record, at or near the time of the activ ity, the following information  : [on a 
form approved by the Committee: ] 
 (a) Whether the calibra tion is done monthly or annually; 
 (b) The date and time of the calibration;  (c) The name of the person perf orming the calibration; and 
 (d) The response and accuracy of the device for each test whic h is performed. 
 (e) The nature and extent of mai ntenance or repair performed o n the device. 
 2.  The [form ] information must be retained by the agency.  
 Sec. 26.  NAC 484C.100 is hereby ame nded to read as follows:  
  484C.100  1.  A person or his or her employer must apply to th e Department of Public 
Safety on a form furnished by the D epartment for certification of the person as an operator of an 
evidential breath-testing device.  2.  The Director or his or her  designee shall certify as an op erator of an evidential breath-
testing device each applicant w ho has successfully completed a course of instruction on the 
subject of the operation of devi ces for testing a person’s brea th to determine the concentration of 
alcohol in the person’s breat h which has been approved by [the Peace Officers’ Standards and 
Training Commission and ] the Committee. Such a course m ust be taught by a certified for ensic 
analyst of alcohol and must in clude instruction on and a determ ination of the applicant’s 
proficiency in the operation of t he devices for which certifica tion is granted. 
 3.  The Director or his or her  designee shall certify as an op erator of an additional evidential 
breath-testing device ea ch applicant who: 
 (a) Holds a current certifica tion as an operator of an evident ial breath-testing device; and 
 (b) Has successfully complete d a course consisting of instruct ion on the subject of the 
operation of the device for testi ng a person’s breath to determ ine the concentration of alcohol in 
the person’s breath which has been approved by [the Peace Officers’ Standards and Training 
Commission and ] the Committee. The course must  be taught by a certified forens ic analyst of 
alcohol and must include instr uction on and a determination of the applicant’s proficiency in the 
operation of the device for whic h certification i s granted. 
 4.  The certificate issued by the  Director or his or her desig nee must specify by manufacturer 
and model the evidential breath-testing devices which the appli cant has been certified to operate. 
 5.  Certification as an operato r of an evidential breath-testi ng device:  
  (a) Authorizes the holder of the  certificate to operate any ev idential breath-testing device 
which he or she has been certifi ed to operate and any other suc h device in a series of the model 
of that specific evidential br eath-testing device if the Commit tee has certified t he other device in 
the series pursuant to NRS 484C.610 and the Committee has not m ade a finding that the person 
needs additional training to opera te the other device in the se ries; and 
 (b) Is valid for 3 years after the date of the certification.  Sec. 27.  NAC 484C.110 is hereby ame nded to read as follows: 
 484C.110  The Director or his or he r designee shall renew the certificate of any person 
certified by the Director or desi gnee as an operator of an evid ential breath-testing device who: 
 1.  Individually or through the  person’s employer applies in w riting to the Director for such 
renewal before the person’s cer tificate expires or within 6 mon ths after the person’s certificate 
expires; and  2.  Successfully completes a course consisting of instruction on the operation of devices for 
testing a person’s breath to dete rmine the concentration of alc ohol in his or her breath which has 
been approved by [the Peace Officers’ Standards and Training Commission and ] the Committee.  
 Sec. 28.  NAC 484C.160 is hereby ame nded to read as follows: 
 484C.160  1.  Upon receipt of a petition from any interested p erson to make an addition to 
or a deletion from the list of devices [which prevent an intoxicated pe rson from starting a vehicle 
and] which are certified by the Committee pursuant to NRS 484C.610,  the Director or his or her 
[agent ] designee shall examine the petiti on on behalf of the Committee.  A petition to make an 
addition to the list of devices must include: 
 (a) The name, telephone number and address of  the principal place of business of the 
manufacturer.  
  (b) The model name or model number of th e device and the technical specifications of 
each model submitted for certification.  (c) Proof, dated within the immediately pr eceding 5 years and verified by an accredited 
laboratory, that the device meets or exceeds the current “Model Speci fications for Breath 
Alcohol Ignition Interlock Devices” published in the Federal Register by the National 
Highway Traffic Safety Administration of the Un ited States Department of Transportation. As 
used in this paragraph, “accredited laboratory” means a laboratory that is accredited in 
accordance with ISO/IEC 17025 by an accredit ation body that is a signatory to the 
International Laboratory Accreditation Cooperation Mutual Recognition Agreement.  (d) A copy of the manufacturer’s current vali d product liability insura nce certificate that is 
issued by a provider of insurance authoriz ed to transact business in this State. 
 (e) Written documentation or copies of:   (1) All forms, documents, manuals, written materials and audio-visual aids that are 
used in the: 
   (I) Training provided pursuant to  section 18 of this regulation; or 
   (II) Marketing of the device.   (2) A quality assurance plan that describe s the calibration process used to verify the 
accuracy of the device in accordance with NAC 484C.170.   (3) A device configuration profile in  a format prescribed by the Committee. 
  (4) The training manual used to train a person authorized to  install the device. 
  (5) The servicing and maintenance manual for the device.  (f) A declaration that:  
   (1) The manufacturer and the employees of  the manufacturer will cooperate with the 
Department at all times, includ ing, without limitation, allowing  the Department to inspect the 
installation, use, removal, repair, calibra tion or performance of the device; and 
  (2) The manufacturer agrees to provide, upon  request and in a format prescribed by the 
Committee, all downloaded device data, reports and information related to the device to the 
Department or a court that orders the installation of the device. 
 2.  The Director or his or her [agent ] designee may: 
 (a) Place the petition on the age nda for the next  regularly sc heduled meeting of the 
Committee;  (b) Order that the device be [evaluated ] tested pursuant to subsection 4; or 
 (c) Deny the petition  [.] if it is found to be incomplete or does not otherwise meet the 
requirements set forth in this section.  
 3.  [A person who is aggrieved by the denial of a petition ] If a petition is denied, the 
manufacturer may request an appeal in writing to the Committee  [.] within 10 days of receiving 
written notification that the petition was denied.  
 4.  [If a device is to be evaluated, t he Director or his or her agen t] Upon the request of the 
Committee, a manufacturer shall [arrange for ] provide two of the fully equipped devices [to be 
made available to a ] for field or forensic laboratory [designated by the Director or agent. The 
designated laboratory must ha ve on its staff at least one ] testing by a certified forensic analyst of 
alcohol  . [, who shall evaluate the device in accordance with established scientific methods and 
principles and determine whether the device, as designed and ma nufactured, is accurate and 
reliable to determine the con centration of alcohol in the perso n’s breath. ] 
 Sec. 29.  NAC 484C.170 is hereby ame nded to read as follows:  
  484C.170  1.  Each device [that prevents an intoxicated pe rson from starting a vehicle ] 
must be [calibrated, tested and ] examined by the manufacturer or [his or her ] agent for correct 
calibration at least once every 90 days  [.] by using a certified dry gas standard with an alcohol 
concentration between 0.03 and 0.05 grams per 210 liters of breath. The calibration process 
used by the manufacturer must have a mechan ism to make adjustments for the elevation at 
which the dry gas is being used.  
 2.  [The] Each time a calibration test is performed, the following information must 
[include: ] be recorded in the device’s data storage system: 
 ( a )  The date and time of the calibration test. 
 (b) The name of the person who performed the calibration test. 
 (c) The results of the calibration test. 
 (d) Verification by the manufacturer or [his or her ] agent of the response  and accuracy of the 
device  . [at no less than two levels of a lcohol, within the range that co rresponds to a 
concentration of alcohol in t he breath of 0.02 to 0.10 grams, i nclusive, of alcohol per 210 liters 
of breath. ] The accuracy of the device must be within 10 percent or 0.005 grams per 210 liters of 
breath of the certified concentration of the [value of the ] dry gas standard [alcohol solution for 
each level.  
 ( b ) ] , whichever is greater. 
 (e) The response of the device to br eath samples that do not contai n alcohol. 
 [(c)] (f) Verification that the device prev ents the motor vehicle in whic h it is installed from 
starting if [the] a person has a concentration of alcohol [in a person’s brea th is equal to or 
greater than ] of 0.02 grams [of alcohol per 210 liters of ] or more in his or her breath.   
  3.  [Each device must meet the follo wing requirements established by  the Committee: ] If the 
results of a calibration test determine that the accuracy of the device is not within the range 
required by paragraph (d) of subsection 2, the device must:  
 ( a )  [Ability to sample a minimum volume of expired breath that is re quired to test a person’s 
breath; ] Be adjusted until its accuracy is within the required range; or  
 (b) [Ability to test a minimum c oncentration of alcohol in the breat h that is required to 
prevent the motor vehicle from  starting and a minimum concentra tion of alcohol in the breath 
that is required for subsequent  tests of the person’s breath wh ile the person is driving the motor 
vehicle; 
 (c) Requirements for calibrati ng a device before installation;  
 (d) Options for restricting t he hours of operation of the vehi cle; 
 (e) The frequency with which t he device will require a person’ s breath to be tested while 
driving the motor vehicle; and 
 (f) The ability of the device t o prevent a person who has the device installed in his or her 
motor vehicle from starti ng the vehicle if the person: 
  (1) Fails to submit the device for a mandatory calibration; 
  (2) Tampers with the device; or 
  (3) Receives a result on the test of the person’s breath that  is at or above a prohibited 
level. ] Except as otherwise provided  in subsection 4, not be used to test a person’s breath to 
determine the concentration of alcohol therein.  
 4.  [If any evidence of tampering w ith the device is found, the devi ce must not be used. ] A 
device that is not used for breath tests pursuan t to paragraph (b) of subsection 3 may only be  
 used again if the device is repaired by the manuf acturer and meets all ap plicable requirements 
after such repair.  5.  Dry gas alcohol standards must:  (a) Be certified to a known reference value and traceable to the NIST Traceable Reference 
Material (NTRM) program of the National Institute of Standards and Technology. 
 (b) Appear on the “Conforming Products Li st of Calibrating Units for Breath Alcohol 
Testers” published in the Federal Register  by the National Highway Traffic Safety 
Administration of the United States Department of Transportation.  (c) Within plus or minus 0.005 grams per 210 l iters of breath of the adjusted reference 
value.  6.  Dry gas alcohol standard tanks must:  (a) Be stored in accordance with the gas manufacturer’s recommendations and maintained 
in proper working order. 
 (b) Have a certificate of analysis that contains: 
  (1) The components and the concentra tion of the reference value of the gas; 
  (2) An expiration date that is not more th an 3 years after the date of preparation; and 
  (3) The lot or batch number. 
 Sec. 30.  NAC 484C.180 is hereby repealed. 
 Sec. 31.  Any device which was installed in a vehicle before the effecti ve date of this 
regulation and which does not meet t he requirements established  in this regulation must be 
replaced with a device that meets the requirements established in this regulation not later than 
120 days after the effective date  of this regulation. As used i n this section, “device” has the 
meaning ascribed t o it in NRS 484C.450.  
  
 
TEXT OF REPEALED SECTION  
 
 
 484C.180  Records of person who calibrates, maintains or repai rs device. (NRS 
484C.480, 484C.620) 
 1.  The manufacturer or its agent who calibrates, maintains or  repairs a device that prevents 
an intoxicated person from starti ng a vehicle shall enter, at o r near the time of the activity, the 
following information on a form approved by the Committee:  (a) For calibration of the device,  the information must includ e: 
  (1) The date and time of the calibration;   (2) The name of the person performing the calibration;   (3) The response and accuracy of the device for each test tha t is performed; 
  (4) Verification that the devi ce prevents the driver of the m otor vehicle in which it is 
installed from starting the mot or vehicle if a breath alcohol l evel of 0.02 gram or more per 210 
liters of the driver’s br eath is detected; and 
  (5) The nature and extent of mai ntenance or repair performed on the device. 
 (b) For maintenance or repair  of the device, the information m ust include: 
  (1) The date and time of the maintenance or repair;   (2) The name of the person perf orming the maintenance or repa ir; and 
  (3) The nature and extent of mai ntenance or repair performed on the device.  
  2.  The manufacturer or its age nt shall retain the form and ma ke it available upon request to 
the Director or his or her designee.