Ariz. Admin. Code § R17-5-604 - Ignition Interlock Device Certification; Application Requirements
A. A manufacturer
shall offer for installation only an ignition interlock device that is
certified by the Department under this Section.
B. To certify an ignition interlock device
model, a manufacturer shall submit to the Department a properly completed
application form that provides:
1. The
manufacturer's name;
2. The address
of the manufacturer's principal place of business in this state and telephone
number;
3. The manufacturer's
status as a sole proprietorship, partnership, limited liability company, or
corporation;
4. The name of the
sole proprietor or of each partner, officer, director, manager, member, agent,
or 20% or more stockholder;
5. The
name and model number of the ignition interlock device and the name under which
the ignition interlock device will be marketed; and
6. The manufacturer's electronic mail
address.
7. The following
statements, signed by the manufacturer:
a. A
statement that all information provided on the application form, including all
information provided on any attachment to the application form, is complete,
true, and correct;
b. A statement
that the manufacturer agrees to indemnify and hold harmless the state of
Arizona and any department, division, agency, officer, employee, or agent of
the state of Arizona from all liability for:
i. Damage to property or injury to people
arising, directly or indirectly, out of any act or omission by the manufacturer
or the manufacturer's authorized IISP relating to the installation and
operation of the ignition interlock device; and
ii. All court costs, expenses of litigation,
and reasonable attorneys' fees;
c. A statement that the manufacturer agrees
to comply with all requirements under this Article; and
d. A statement that the manufacturer agrees
to immediately notify the Department of any change to the information provided
on the application form.
C. A manufacturer shall submit the following
additional items with the application form:
1.
A document that provides a detailed description of the ignition interlock
device and a digital image, drawing, or other graphic depiction of the
device;
2. A document that contains
the complete technical specifications for the accuracy, reliability, security,
data collection, recording, and tamper detection capabilities of the ignition
interlock device;
3. An independent
laboratory's report for each device model that:
a. Presents supporting data to demonstrate
that the ignition interlock device meets or exceeds the test results required
by the Model Specifications For Breath Alcohol Ignition Interlock Devices
(BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA
technical corrections published at 80 FR 16720 to 16723, March 30, 2015. The
NHTSA specifications and technical corrections are incorporated by reference
and are on file with the Department at 206 S. 17th Avenue, Phoenix, AZ 85007,
and the NHTSA Office of Research and Technology, 1200 New Jersey Avenue SE,
Washington, D.C. 20590. This incorporation by reference contains no future
editions or amendments;
b. Provides
the independent laboratory's name, address, and telephone number; and
c. Provides the name and model number of the
ignition interlock device tested.
4. A laboratory certification form, signed by
an authorized representative of the independent laboratory that prepared the
report required under subsection (C)(3), that states all of the following:
a. The laboratory is not owned or operated by
a manufacturer and no other conflict of interest exists.
b. The laboratory tested the ignition
interlock device in accordance with the Model Specifications For Breath Alcohol
Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866,
May 8, 2013 with the NHTSA technical corrections published at 80 FR 16720 to
16723, March 30, 2015.
c. The
laboratory confirms that the ignition interlock device meets or exceeds the
test results required under the Model Specifications For Breath Alcohol
Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866,
May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to
16723, March 30, 2015.
d. The
laboratory used properly maintained equipment and trained personnel to test the
ignition interlock device.
e. The
laboratory presented accurate test results to the Department.
5. A certificate of insurance,
issued by an insurance company authorized to transact business in Arizona,
specifying:
a. A product liability policy with
a current effective date;
b. The
name and model number of the ignition interlock device model covered by the
policy;
c. Policy coverage of
$1,000,000 and $3,000,000 in the aggregate;
d. The manufacturer as the insured and the
state of Arizona as an additional insured;
e. Product liability coverage for defects in
manufacture, materials, design, calibration, installation, and operation of the
ignition interlock device; and
f.
The insurance company shall notify the Department's Risk Management, Insurance
and Indemnification Section in writing at least 30 days before canceling the
product liability policy.
6. A statement that the ignition interlock
device has a camera, includes a global positioning system, and provides
real-time reporting.
D.
For any installation of a certified ignition interlock device or any
replacement of a device on a person's motor vehicle with another device, an
IISP or an IISP-certified technician shall install only a certified ignition
interlock device that meets the additional requirements in this Article, and
meets or exceeds the test results required by the Model Specifications for
Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR
26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at
80 FR 16720 to 16723, March 30, 2015.
E. A person whose CIID was installed prior to
July 1, 2018, that does not meet all the requirements of Subsection (D) shall
return to the person's IISP by October 1, 2020 to exchange the CIID for a CIID
that meets all the requirements of Subsection (D).
Notes
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