Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 6 - Ignition Interlock Devices › Section I-601 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Background. In the 1992 Regular Session, the legislature addressed the use of
				ignition interlock devices on vehicles available to persons convicted of
				driving while intoxicated. In Act 352 of the 1992 session, the legislature
				found it to be economically and technically feasible to have an ignition
				interlock device installed on a vehicle in such a way as to keep the vehicle
				from being started if the operator's blood-alcohol content is measurable and
				exceeds a level set herein. In this act, enacting
				R.S.
				32:378.2 and Act 982, enacting
				R.S.
				15:306 and
				15:307,
				the legislature authorized the courts to impose the use of such devices as a
				condition of probation after conviction of driving while intoxicated.
B. Purpose. The purpose of these rules is to
				promulgate a set of standards for the proper use of ignition interlock devices
				[R.S.
				32:378.2(J)], a set of rules
				and regulations for the proper approval, installation and use of such devices
				[R.S.
				15:307(C)], adopt a warning
				label to be affixed to said devices warning of criminal and civil penalties for
				misuse of such devices [R.S.
				32:378.2(L) and
				R.S.
				15:307(E)] and otherwise to
				declare substantive and procedural matters related to the functions and duties
				of the Department of Public Safety and Corrections under the act to which
				reference is made above, as well as under its general authority set forth in
				R.S.
				40:1304.
C. Interpretation. These rules shall be
				interpreted so as to favor the safety of the public and the findings of the
				legislature that ignition interlock devices are designed to supplement other
				conditions of probation and punishment of those convicted of driving while
				intoxicated. Usual rules of statutory construction on gender, time and similar
				matters shall apply. References to statutory standards, regulations,
				governmental agencies, companies, organizations, officials and similar persons
				or things shall be read as referring to and including any amendments or
				successors thereto.
D. Conflicts.
				Rules or language apparently or actually in conflict shall be read in
				accordance with the interpretative favor required in Subsection C above with
				the view of maximizing the effectiveness of every provision. In the absence of
				a rule 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 enactments and these
				rules. The basis for such equitable procedures and substantive decisions shall
				be articulated in writing and given effect in a manner which protects the
				safety of the public while recognizing the lack of a prior specific regulatory
				provision.
AUTHORITY NOTE:
				  Promulgated in accordance with 57 FR, No. 67, 49 FR 48854,
				  R.S.
				  32:378.2,
				  R.S.
				  15:306,
				  R.S.
				  15:307.