Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-004 - IGNITION INTERLOCK DEVICE PERFORMANCE STANDARDS

Current through June 17, 2024
An ignition interlock device must meet the following criteria to be
	 approved for use in Nebraska:
004.01
NHTSA Standards.
The breath alcohol ignition interlock device must be accompanied by a
	 certificate of an independent testing laboratory indicating that the device
	 meets or exceeds the performance standards of the National Highway Traffic
	 Safety Administration for such devices as published in Model Specifications for
	 Breath Alcohol Ignition Interlock Devices, (BAIID), Federal Register, Volume
	 78, No. 89, Page 26849 et seq. on May 8, 2013, as amended, and which are
	 incorporated with these rules and regulations as Attachment 1. A complete and
	 certified copy of the testing protocol and the results thereof of the
	 independent testing laboratory shall also accompany the breath alcohol ignition
	 interlock device specifications submitted for approval.
004.02
Current Ignition
  Interlock Devices.
Any ignition interlock device approved by the Department prior to the
	 effective date of these rules and regulations may continue to be used in
	 Nebraska and may be recertified until December 31, 2017 without meeting 004.01
	 provided the device and provider meet all other requirements in these rules and
	 regulations. Beginning January 1, 2018, all interlocks must conform completely
	 to these rules and regulations.
004.03
Camera.
The submitted ignition interlock device must have a camera; and the
	 digital images taken shall capture a wide-angle view of the area around the
	 steering wheel and front cabin;
004.04
Safe
  Operation.
The ignition interlock device shall offer safe operation of the motor
	 vehicle in which the device is installed;
004.05
No
  Tampering.
The ignition interlock device shall offer protection against tampering
	 and preservation of evidence of such tampering;
004.06
No
  Circumvention.
The ignition interlock device shall be able to detect and be resistant
	 to circumvention;
004.07
Reliable.
The ignition interlock device shall work reliably and accurately in an
	 unsupervised environment and, if the ignition interlock device cannot operate
	 properly due to some problem (e.g., improper voltage, temperature exceeding
	 operating range, dead sensor, etc.) the device will lockout. If fault is found
	 with the ignition interlock device, the costs for repair or replacement shall
	 be borne by the provider and manufacturer.
004.08
Restart.
The ignition interlock device shall be able to initiate a "restart" of
	 the motor vehicle's ignition within two minutes after the ignition has been
	 turned off without requiring another breath alcohol analysis so long as the
	 driver has not registered a BrAC fail or is not in the process of completing a
	 retest;
004.09
Fuel Cell.
The ignition interlock device shall use an alcohol specific fuel cell
	 technology and shall be designed and constructed to measure a driver's breath
	 alcohol concentration from a deep lung breath sample blown directly into the
	 device;
004.10
Three Attempts.
The ignition interlock device shall permit the driver three attempts to
	 provide a valid sample in 15 minutes . The device will require at least 3
	 minutes before accepting the next sample. When first starting the vehicle, the
	 ignition interlock device will lockout temporarily for 30 minutes if no valid
	 sample is provided within 15 minutes.
004.11
Permanent Lockout
  Warning.
The ignition interlock device shall provide a warning for five days
	 before the ignition system of the motor vehicle is permanently locked for any
	 of the following:
A. After a temporary
  lockout;
B. After an attempt to
  circumvent or tamper with a device; or
C. Time for calibration, download, or
  service.