Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 25 - Bureau of Alcohol and Drug Abuse Prevention › Rule 007.25.94-003 - Breath Alcohol Ignition Interlock Devices Regulations

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. References to statutory standards, regulations, or
				governmental agencies shall be read as referring to and including any
				amendments. 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.
SECTION III.
DEFINITIONS
Alcohol Setpoint or Fail point
- The line of
				demarcation between PASS and FAIL of a breath test (see Calibration
				Setting).
Approval
- The official endorsement of the
				Department of Health or its authorized representative documenting that the
				requirements of Arkansas Code §
								5-65-118
				as amended and these Regulations have been met (see Certification).
Breath Alcohol Ignition Interlock Device
- (BAUD)
				an electronic device with microcomputer logic and internal memory, having a
				breath alcohol analyzer as a major component, that interconnects with the
				ignition and/or other control systems of a motor vehicle for the purpose of
				preventing that motor vehicle from being started if the driver has a breath
				alcohol content which exceeds the preset limit (setpoint). Further, its purpose
				is to deter and record attempts to circumvent or tamper with the device and to
				encourage the driver to adhere to the requirements of the court.
Breath Alcohol Concentration (BrAC)
- the
				concentration of alcohol in the breath expressed In grams of alcohol per 210
				liters of breath.
Breath Sample
- a sample of breath that is
				analyzed for alcohol content.
Calibration
- the act of checking, verifying or
				rectifying the accuracy of a device.
Calibration Setting
- as described in Arkansas
				Code §
								5-65-118,
				the calibration setting is defined in these Regulations as the "alcohol
				setpoint." The alcohol setpoint shall be 0.025g of alcohol per 210 liters of
				breath unless specified otherwise in writing by the court. (Act 298 of 1993
				authorizes the court to establish "a specific calibration setting" in the range
				of .02 through .05.)
Certification
- the official endorsement
				(Certificate of Approval) of the Department of Health or Its authorized
				representative documenting that the requirements of Arkansas Code §
								5-65-118
				as amended and these Regulations have been met (see Approval).
Circumvention
- an overt, conscious attempt to
				bypass the ignition interlock device whether by providing samples other than
				the natural unflltered breath of the driver, or by starting the vehicle without
				using the ignition switch, or any other act intended to start the vehicle
				without first taking and passing a breath test and/or permitting a driver with
				a BrAC in excess of the alcohol setpoint to start the vehicle.
Court
- the judge who sentences a person convicted
				of violating Arkansas Code §
								5-65-103
				or other law subsequently included under the provisions of Arkansas Code §
								5-65-118,
				imposing the use of an ignition interlock device. This definition shall also
				mean any probation officers or other officers of the court assigned to the case
				of a
driver using an i
g
nition interlock
				device.
...........
Department
- the Arkansas Department of
				Health.
Director
- the Director of Arkansas Department of
				Health or designee thereof.
Driver
- a motorist who has been convicted under
				Arkansas Code §
								5-65-103
				and given a sentence which includes the requirement that he/she not operate a
				motor vehicle during the time period stated 1n the court order unless the
				vehicle to be operated Is equipped with a functioning and approved Ignition
				Interlock device and the driver has obtained a restricted driver's license as
				provided in Arkansas Code §
								5-65-118.
				(May also mean anyone driving a vehicle fitted with an ignition Interlock
				device.)
Fall-safe - a condition 1n which the ignition 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 Ignition Interlock device will not allow the vehicle to be
				started.
Lockout
- a condition in which the vehicle
				ignition 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 1n
				operation.
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 alcohol 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, supplier of a device.
Simulator Device
- a mechanism for introducing a
				simulated breath sample containing a specified concentration of alcohol to a
				device Intended to measure the concentration of alcohol, for the purpose of
				calibrating the measuring device.
Standard Reference
- a material, such as water
				containing alcohol, that is established by authority as the rule for measuring
				quantity or value.
Tampering
- An overt, conscious attempt to
				physically disable or otherwise disconnect the Ignition interlock device from
				Its power source and thereby allow a person with a breath alcohol above the
				alcohol setpoint to start the engine.
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 1s 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 to courts a 11st of those
			 Ignition Interlock 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 1n 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.