31 Miss. Code. R. 505-3.1 - Ignition Interlock Device Requirements

The ignition interlock device must be tested by an independent alcohol testing laboratory, and the results submitted to the MSDPS with all costs of the test being the responsibility of the manufacturer or service provider. All ignition interlock devices must, at a minimum, meet or exceed the United States Department of Transportation, National Highway Traffic Safety Administration (NHTSA) specifications as published in the Federal Register Volume 78, Number 89, Wednesday, May 8, 2013 pages 26849 26876. In addition to the NHTSA specifications any proposed IID must be based upon electro-chemical fuel cell sensor technology. These specifications include, but are not limited to the following:

1. The ignition interlock device shall be able to analyze a specimen of alveolar breath for alcohol concentration.

2. The ignition interlock device shall indicate when a sufficient sample of breath has been collected and shall indicate this by audible or visual means.

3. The results of the test shall be noted through the use of pass/fail signals. There shall be no numerical BrAC level displayed.

4. The ignition interlock device shall lockout a driver when an alcohol concentration of .02 grams of alcohol/210 liters or higher of breath is detected.

5. The ignition interlock device shall have the ability to detect and record attempts to tamper, alter, or bypass the device and any violations such as an alcohol concentration of above 0.02 grams of alcohol/210 liters of breath (BrAC).

6. The ignition interlock device shall have the ability to prevent operation of the motor vehicle by a participant who fails to retest or fails to appear at a scheduled monitoring appointment.

7. The ignition interlock device shall issue a warning of an impending lockout.

8. The ignition interlock device must be capable of random re-testing and timed re-testing. A subsequent breath test will be conducted within 5 minutes after starting the vehicle and every 30 minutes while the vehicle is in operation. During the rolling retest, the retest set point shall be the same as the startup set point. A warning light and/or tone shall alert the driver of 5 minutes until retest. If the engine is shut down after or during the 5 minute warning but before retesting, the retest clock shall not be reset.

9. The startup set point value for the interlock device shall be an alcohol concentration of 0.02 g/210 liters of breath. The accuracy of the device shall be plus or minus 0.005 g/210 liters of breath.

10. A negative breath alcohol test shall enable the ignition relay. The IID shall allow two (2) minutes from the time the ignition is enabled to start the vehicle. In the event of a stall, the device will allow the vehicle to be restarted within two (2) minutes without a retest.

11. If the initial test results in a lockout is due to the operator's BrAC level, the device shall not allow an additional attempt for fifteen (15) minutes. If the operator's BrAC remains too high, the machine shall lockout for an additional fifteen (15) minutes.

12. Failure to take a retest is a violation and is recorded by the device.

13. If the result of the retest is higher than the fail point, the device shall enter the violation lockout which shall be reported to the MSDPS by the service provider.

14. The ignition interlock device must be capable of thwarting attempts at evasion or circumvention with the use of bogus or filtered breath.

15. The IID shall have the following operational features:

a. The device shall be designed to permit a free restart of a motor vehicle's ignition within two (2) minutes after the ignition has been shut off, without requiring a further alcohol analysis.

b. The device shall also automatically purge alcohol before allowing subsequent analyses.

c. The device shall have a data storage system of sufficient capacity to record and maintain all daily driving activities for the 30 day monitoring period.

16. Anti-circumvention:

a. Anti-circumvention provisions shall include, but not be limited to, prevention or preservation of evidence of cheating by attempting to use bogus or filtered breath samples or bypassing the breath sampling requirements of the device electronically.

b. The device may use special seals or other methods that record attempts to bypass anti-circumvention provisions.

c. The device shall be checked for evidence of tampering at least every service appointment or more frequently if the need arises.

i. When evidence of tampering is discovered, the appropriate monitoring authority shall be notified in writing and these records shall be made available upon request to MDPS.

17. A warning label containing the following language shall be affixed to each device: "Any individual tampering, circumventing, or misusing this device shall be subject to prosecution and/or civil liability."

18. Manufacturers shall provide to the MDPS with each device submitted for approval a precise set of specifications which describe the features of the device concerned in the evaluation of its performance. A set of detailed operating instructions shall be supplied with each device.

19. The manufacturer shall provide a signed statement that the manufacturer shall indemnify and hold harmless the State of Mississippi, the MDPS and its officers, employees, and agents from all claims, demands, and actions, as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer or their representative relating to the installation, service, repair, use and/or removal of an IID.

20. The ignition interlock device shall record any attempt to start the vehicle without first taking the breath test,

21. The ignition interlock device shall warn the driver of upcoming service appointments for five (5) days prior to the appointment. Should the participant fail to appear, the device shall lockout after the missed scheduled appointment and the vehicle shall not be operable until the service provider has reset the device.

Notes

31 Miss. Code. R. 505-3.1

Miss. Code Ann. § 45-1-3

Adopted 11/9/2014