Kansas Administrative Regulations › Agency 92 - KANSAS DEPARTMENT OF REVENUE › Article 56 - IGNITION INTERLOCK DEVICES › Section 92-56-2 - Ignition interlock device; certification and standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each manufacturer of an ignition
			 interlock device wanting to market the device in Kansas shall apply to the
			 division of vehicles for certification of the device and submit the following
			 information and equipment:
(1) The name and
			 address of the manufacturer;
(2)
			 the name and model number of the device;
(3) certification that the device meets the
			 following criteria:
(A) Offers safe operation
			 of the vehicle in which installed, works reliably and accurately in an
			 unsupervised environment, and, when in fail-safe, prevents the vehicle from
			 starting;
(B) offers protection
			 against tampering and is able to detect and be resistant to
			 circumvention;
(C) allows for a
			 free restart of the vehicle's ignition within two minutes after the ignition
			 has been turned off without requiring another breath test if the driver has not
			 registered a BrAC fail or is not in the process of completing a
			 retest;
(D) allows for a rolling
			 retest of a subsequent breath test after the vehicle has been in
			 operation;
(E) disables the
			 ignition system if the BrAC of the person using the device equals or exceeds
			 the alcohol set-point of .03;
(F)
			 incorporates an emergency bypass procedure;
(G) records each time the vehicle is started,
			 the duration of the vehicle's operation, and any instances of
			 tampering;
(H) encodes the
			 corresponding time and date the breath sample was provided, a digital image of
			 the individual who provided the sample, and BrAC of the individual who provided
			 the breath sample into the device;
(I) displays to the driver all of the
			 following:
(i) When the device is
			 on;
(ii) when the device has
			 enabled the ignition system; and
(iii) the date on which a lockout will occur;
			 and
(J) alerts the
			 driver with a five-minute warning light or tone that a rolling retest is
			 required;
(4) a map and
			 list of service providers and the address where the device can be obtained,
			 repaired, replaced, or serviced 24 hours a day by calling a toll-free phone
			 number;
(5) the name of any
			 insurance carrier authorized to do business in this state that has committed to
			 issue a liability insurance policy for the manufacturer;
(6) the name and address of the
			 manufacturer's representative designated by the manufacturer to manage the
			 manufacturer's statewide operations;
(7) not more than two ignition interlock
			 devices for testing and review to the division upon the director's request;
			 and
(8) a declaration on a form
			 prescribed by the division that requires the following:
(A) The manufacturer, manufacturer's
			 representative, and the manufacturer's service providers shall cooperate with
			 the division, law enforcement, and court staff at all times, including the
			 inspection of the manufacturer's installation, service, repair, calibration,
			 use, removal, or performance of each ignition interlock device;
(B) all digital images and the associated
			 data shall be retained in the device until the digital images and associated
			 data are downloaded and stored by a manufacturer. The manufacturer shall store
			 the downloaded digital images and associated data for three years after capture
			 by the device;
(C) the manufacturer
			 shall provide all downloaded ignition interlock device data, reports, and
			 information related to the ignition interlock device to the division, upon the
			 director's request, in a division-approved electronic format;
(D) the manufacturer shall provide the
			 alcohol reference value and type of calibration device used to check the
			 ignition interlock device;
(E) the
			 manufacturer shall provide the division with inquiry access to the
			 manufacturer's ignition interlock device system management software for the
			 management of state drivers; and
(F) the manufacturer or the manufacturer's
			 representative shall provide a map of Kansas showing the area covered by each
			 service provider's fixed site.