Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-2 - Device certification process

Current through Vol. 41, No. 20, July 1, 2024
(a) No device may
				be used in the state of Oklahoma unless it has been approved by the Board in
				accordance with the requirements stated herein.
(b) A list of approved device models shall be
				maintained by the Board and available for public review at the administrative
				office of the Board during regular business hours or by accessing the Board
				website at www.ok.gov/bot.
(c) A
				manufacturer representative seeking certification of a device shall:
(1) Complete an application for certification
				of an ignition interlock device and remit the appropriate fee in accordance
				with procedures established by the Board.
(2) Provide proof, as deemed appropriate by
				the Board, the device for which certification is being sought in Oklahoma meets
				or exceeds the current National Highway Traffic Safety Administration (NHTSA)
				specifications (78 FR 26849).
(3)
				Provide a current manufacturer's ISO 9001:2015 certification issued by an
				accredited registrar within the scope requirements provided by the
				Board.
(4) Provide a certificate of
				insurance, issued by an insurance company authorized to transact business in
				Oklahoma, specifying:
(A) A product liability
				policy with a current effective date;
(B) The name and model number of the device
				model covered by the policy;
(C)
				Policy coverage of at least one million dollars ($1,000,000) per occurrence and
				three million ($3,000,000) in the aggregate;
(D) The manufacturer as the insured and the
				state of Oklahoma as an additional insured;
(E) Product liability coverage for defects in
				manufacture, materials, design, calibration, installation, and operation of the
				device; and
(F) The manufacturer
				will notify the Board immediately upon notice of cancellation of the product
				liability policy.
(5)
				Provide a schedule of all fees that may be charged to a participant. A
				participant shall not be imposed or required to pay any unscheduled fee(s).
				Such submission of schedule of fees shall be on an approved form provided by
				the Board. Any modification to the schedule of fees shall be submitted to the
				Board at least thirty (30) days prior to implementation.
(6) Devices shall use fuel cell technology
				for breath alcohol testing and a camera in accordance with the requirements in
				this Chapter.
(7) Agree to ensure
				any service performed on a device installed pursuant to an Oklahoma
				Installation Authority shall be in compliance with all requirements in this
				title.
(8) Agree to ensure proper
				record keeping and provide testimony relating to any aspect of the
				installation, service, repair, use, removal, interpretation of any report or
				information recorded in the data storage system of a device or performance of
				any other duties required by this title at no cost on behalf of the State of
				Oklahoma or any political subdivision.
(9) Shall authorize the Board of Tests to
				release records viewable by the agency to law enforcement representatives for
				investigative purposes on Board letterhead.
(10) Advise the Board whether the device for
				which certification is being sought in Oklahoma is the subject of any action to
				disallow, or has ever been, in any way, disallowed for use in another state
				whether such action occurred before or after approval in Oklahoma and if or
				when such action is or has been appealed in the other state and the outcome of
				the appeal.
(11) Upon request of
				the Board, for each device submitted for certification or certified under this
				section, agree to install the device with all proposed anti circumvention
				features activated in a vehicle provided by the Board. Any service performed
				pursuant to this section, including but not limited to, installation,
				maintenance, calibration or removal shall be completed at no cost to the Board.
(12) Agree to only distribute
				Board approved solicitations related to the rules in this Chapter. Such
				requests for approval shall be submitted with a form provided and approved by
				the Board prior to distribution.
(13) Agree to strictly comply with the
				affordability provisions of these rules.