Alabama Administrative Code › Title 370 - Alabama Department of Forensic Sciences › Chapter 370-3-1 - IGNITION INTERLOCK RULES › Section 370-3-1-.01 - Ignition Interlock Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose. This rule addresses
			 the requirements for the approval, installation, and use of Ignition
			 Interlock Devices, as required in
Code of Ala.
			 1975
, §
								32-5A-191.
(2) Definitions and Abbreviations
(a) Adjustment. The act of setting
			 the detector response of the ignition interlock device such that the
			 device is capable of analyzing a breath sample and accurately
			 reporting the result for that analysis.
(b) Approved Ignition Interlock
			 Provider. An individual or business which has developed,
			 manufactured, marketed, or provided certified ignition interlock
			 devices which meet all of the minimum requirements as set forth in
			 these rules and have been approved by the Department of Forensic
			 Sciences.
(c) Calibration
			 Verification. The use of a known ethanol reference sample to ensure
			 the ignition interlock device is capable of accurately analyzing a
			 breath sample provided by a participant.
(d) Certificate of Installation. A
			 certificate issued by the ignition interlock service center at the
			 time of installation, for the purpose of demonstrating that an
			 approved ignition interlock device has been installed on the ignition
			 interlock participant's designated vehicle. This certificate shall
			 include the date of installation, the signature of the technician who
			 installed the device, the vehicle identification number upon which
			 the device was installed, the make and model of the vehicle on which
			 the device was installed, and the signature of the participant
			 acknowledging receipt of an ignition interlock device. A lease
			 agreement can be substituted for a certificate of
			 installation.
(e)
			 Certified Ignition Interlock Device. Any Ignition Interlock Device
			 that has been approved for use in the State of Alabama as referred to
			 in Code of Alabama (1975) §
									32-5A-191.
(f) Department. The Alabama
			 Department of Forensic Sciences.
(g) Director. The Director of the
			 Alabama Department of Forensic Sciences.
(h) DPS. The Alabama Department of
			 Public Safety.
(i) Dry
			 Gas Standard. A blended gas reference sample consisting of nitrogen
			 and the analyte of interest (usually ethanol) introduced into an
			 ignition interlock device for the purposes of adjusting and/or
			 verifying the calibration of the device.
(j) Ignition Interlock Device. A
			 device which connects a motor vehicle ignition system to a breath
			 alcohol analyzer and prevents a motor vehicle ignition from starting
			 if a driver's blood alcohol level exceeds the calibrated setting on
			 the device.
(k) Ignition
			 Interlock Device Service Center. Any person or company engaged in the
			 business of selling, leasing, servicing, repairing, calibrating,
			 monitoring and removing ignition interlock devices.
(l) Ignition Interlock Participant.
			 Any individual who has been ordered by a court, pursuant to the
			 provisions of Code of Alabama (1975) §
									32-5A-191,
			 to operate a motor vehicle which has been equipped with a functioning
			 ignition interlock device.
(m) Ignition Interlock Service
			 Center Inspector. An individual authorized by the Department of
			 Public Safety to inspect ignition interlock service centers to ensure
			 adherence to the rules set forth in this title.
(n) Ignition Interlock Technician.
			 An individual trained and authorized by an ignition interlock device
			 manufacturer to perform installation, maintenance, service,
			 adjustments, calibration verification, removal, and/or monitoring of
			 said manufacturer's device.
(o) lease Agreement. A document
			 provided by the ignition interlock service center at the time of
			 installation which may be used to show that an approved ignition
			 interlock device has been installed on the participant's vehicle.
			 This document shall be in the name of the participant and shall
			 include the signature of the technician who installed the device, the
			 vehicle identification number for which the vehicle was installed,
			 the make and model of the vehicle on which the device was installed,
			 and the signature of the participant acknowledging receipt of an
			 ignition interlock device.
(p) Manufacturer. The actual
			 producer of the ignition interlock device.
(q) Manufacturer Representative.
			 The individual designated by the manufacturer to act on behalf of or
			 to represent the manufacturer in all matters regarding device
			 certification.
(r)
			 Tampering. Any act or attempt to alter, interfere, meddle, disable,
			 defeat or circumvent the installation or operation of the
			 device.
(s) Vendor. An
			 ignition interlock service center designated by the manufacturer of a
			 certified device to act on behalf of or represent the manufacturer in
			 all matters concerning the installation, service, calibration,
			 monitoring, and removal of an approved ignition interlock
			 device.