Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 25 - Bureau of Alcohol and Drug Abuse Prevention › Rule 007.25.14-001 - Arkansas Regulations for Breath Alcohol Ignition Interlock Devices (2014)

Current through Register Vol. 49, No. 6, June, 2024
SECTION I.
AUTHORITY
The following Regulations for breath alcohol ignition interlock
				devices are duly adopted and promulgated by the Arkansas Department of Health
				as approved by the Arkansas State Board of Health pursuant to the authority
				expressly conferred by the laws of the State of Arkansas, Act 298 of 1993 as
				amended, the same being Arkansas Code, Title 5, Chapter 65, Section 118.
SECTION II.
PURPOSE AND
			 INTERPRETATION
The purpose of these Regulations is to provide safeguards
				necessary to protect the health and safety of the citizens of Arkansas by
				establishing criteria for the use of Breath Alcohol Ignition Interlock
				Devices.
The impact of these Regulations is directed toward the
				manufacturer, service provider, and user of breath alcohol ignition interlock
				devices and the Arkansas Department of Health. Contents will, of necessity,
				describe interactions with the courts and the Department of Finance and
				Administration, Office of Driver Services.
These Regulations shall be interpreted so as to favor the
				safety of the public. In the absence of a regulation specifically addressing a
				particular matter, there shall be applied reasonable, just, and equitable
				procedures and substantive decisions which are predictable from the spirit and
				intent of the legislative enactment and these Regulations.
Department - the Arkansas Department of Health's Office of
				Alcohol Testing
Device
-the BAUD
Director
- the Director of Arkansas Department of
				Health or designee thereof.
Driver
- a motorist who is required, either by the
				Office of Driver Services or by court order, to operate only motor vehicles
				equipped with a functioning and approved BAUD.
Dry-gas Cylinder-
a cylinder containing a known
				concentration of ethyl alcohol mixed with nitrogen gas used to calibrate and
				check the calibration of a testing device.
Fail-safe - a condition in which the interlock device cannot
				operate properly due to some problem (e.g., improper voltage, temperature
				exceeding operating range, dead sensor, etc.). In a fail-safe condition the
				BAUD will not allow the vehicle to be started.
Lockout
- a condition in which the vehicle will be
				completely disabled, after being given a visible and/or audible warning for a
				period of 24 hours of impending lockout. The device will automatically disable
				the vehicle at a point in time when it is not in operation.
Office
- the Office of Driver Services
Regulations
(these) - all sections of Arkansas
				Regulations for Breath Alcohol Ignition Interlock Devices unless otherwise
				specified.
Restart
- the allowance of the device for the
				driver to start the vehicle without having to give a breath sample. (This
				allows for a driver to restart the vehicle within two minutes and not be
				penalized for or endangered by a malfunctioning vehicle.)
Rolling Retest
- a subsequent breath test that
				must be conducted after initial start while the motor vehicle is in
				operation.
Service Provider-
an approved vendor, service
				center, distributor, installer, or supplier of a device.
Simulator Device
- a device that enables the
				operator to reproduce, under test conditions, phenomena likely to occur in
				actual performance; a device used to simulate or imitate a breath sample at a
				specific alcohol concentration; an accessory to a testing device.
SECTION IV.
DEPARTMENT ROLE AND
			 FUNCTIONS
A. Approval/Certification by
			 the Department
1.
Approval.
Upon
			 the demonstration by the manufacturer of a BAUD that said device meets the
			 criteria outlined in Section
			 VI.A. and B.,
			 and that manufacturer is prepared to meet the requirements outlined in Section
			 V and Section
			 VII, the Department may issue a
			 Certificate of Approval. This does not preclude the Department from making any
			 additional requirements deemed necessary to carry out the intent of the law and
			 these regulations.
2.
List of
			 Approved/Certified Devices.
The Department shall maintain and
			 periodically, when updated, or upon request, provide a list of devices and
			 their manufacturers and approved service providers that have been issued a
			 Certificate of Approval.
3.
Revocation of Approval/Certification.
Subsequent to approval, the
			 failure of the manufacturer to meet the requirements set forth in Section
			 V or Section
			 VII shall result in a letter of
			 reprimand and instructions for correction from the Department. Failure to
			 positively respond and correct the deficiencies to the satisfaction of the
			 Department within 30 days shall result in a revocation of the Certificate of
			 Approval of the device for use in this state.