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The Oregon Administrative Rules contain OARs filed through April 15, 2016
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 118

IGNITION INTERLOCK DEVICES

735-118-0000

Definitions Relevant to Ignition Interlock Devices

For purposes of these rules, OAR 735-118-0000 through 735-118-0050, the following definitions apply:

(1) “Alcohol” means ethanol or ethyl alcohol.

(2) “Alcohol set point” means the breath alcohol concentration at which an ignition interlock device is set to prevent a vehicle from starting.

(3) “Breath Alcohol Concentration (BrAC)” means the amount of alcohol in a given amount of breath, expressed in weight per volume based upon grams of alcohol per 210 liters of breath.

(4) “Breath sample” means normal expired human breath primarily containing air from the deep lung.

(5) “Calibration” means service to a device provided by the provider to ensure the device is in proper working order, including a process to ensure the ignition interlock device remains capable of accurately analyzing a breath sample and downloading all the data collected on the device either from installation or last calibration of the device.

(6) “Device” means an Ignition Interlock Device.

(7) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(8) “Ignition Interlock Device” means an instrument designed to measure the BrAC of an individual and which prevents a motorized vehicle from starting when the BrAC exceeds a predetermined and preset level.

(9) “Lockout” means the device prevented the vehicle from starting as described in OAR 735-118-0040(4)(f);

(10) “Manufacturer” means a person, company, or corporation who manufactures or produces an ignition interlock device.

(11) “Manufacturer’s representative” is the individual designated by the manufacturer to act on behalf of or to represent the manufacturer in all matters regarding device certificate.

(12) “Provider” means a person, company, corporation or representative who provides, installs, calibrates, rents or leases a device in the State of Oregon.

(13) “Purge” means any mechanism by which a device cleanses or removes a previous breath sample from the device and specifically removes residual alcohol.

(14) “Restart” means the ability to start the engine again without giving another breath sample when after a test is successfully completed and the vehicle is started, the engine later stops for any reason (including stalling) and must be restarted.

(15) “Retest” means a breath sample required by the device after the initial engine start-up breath sample and while the engine is running.

(16) “Tampering” means doing anything to a device that was ordered installed pursuant to ORS 813.602 that circumvents the operation of the device;

(17) “Test Violation” means:

(a) Any attempt to start the vehicle by a person with a BrAC of 0.040 or higher unless a subsequent test performed within 10 minutes registers a BrAC lower than 0.040 and the digital images confirm the same person provided both samples;

(b) Failure to take any random retest unless a review of the digital image confirms that the vehicle was not being operated by the person required to have the IID at the time of the missed test; or

(c) Failure to pass any random retest due to a BrAC of 0.020 or higher unless a subsequent test performed within 10 minutes registers a BrAC lower than 0.020, and the digital images confirm the same person provided both samples.

Stat. Auth.: ORS 184.616, 184.619 & 813.600
Stats. Implemented: ORS 813.600
Hist.: MV 36-1987(Temp), f. & ef. 12-1-87; Administrative Renumbering 3-1988, Renumbered from 735-169-0000; MV 17-1988, f. & cert. ef. 5-18-88; DMV 11-2001, f. & cert. ef. 7-18-01; DMV 9-2005, f. & cert. ef. 2-16-05; DMV 8-2014, f. 8-29-14, cert. ef. 9-1-14; DMV 12-2015, f. 12-17-15, cert. ef. 1-1-16

735-118-0010

Ignition Interlock Devices Approved in Oregon and Providers

(1) Any device acceptable for use in Oregon must be approved by DMV. For DMV to approve a device, a manufacturer or manufacturer’s representative requesting approval of a device must submit:

(a) DMV form 735-7349 — Certification of Ignition Interlock Device (IID);

(b) A certificate of insurance as evidence of proof of product liability insurance as described in OAR 735-118-0020; and

(c) Written documentation from an International Organization for Standardization (ISO) certified testing laboratory that two samples of the manufacturer’s specific model of ignition interlock device applying for certification in Oregon meets or exceeds the model specifications established by the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs)”, which is incorporated by reference and made part of this rule as published in the Federal Register, Volume 78, Number 89, Wednesday, May 8, 2013, on pages 26849-26867 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective May 8, 2014. The documentation from the ISO certified testing laboratory must include:

(A) The name and location of the testing laboratory;

(B) The address and phone number of the testing laboratory;

(C) A description of the tests performed;

(D) Copies of the data and results of the testing procedures; and

(E) The names and qualifications of the individuals performing the tests.

(2) DMV may require the manufacturer, manufacturer’s representative or provider to send a device to DMV to test to determine if a device should be approved or remain approved in Oregon. DMV may refuse to approve or remove a device from the list of approved devices if a manufacturer, manufacturer’s representative or provider fails to send a device to DMV to test.

(3) A manufacturer or manufacturer’s representative of a device approved prior to the 2014 amendment of OAR 735-118-0010 and 735-118-0040 must submit the documentation required by this rule for a device to be approved in Oregon for installation on or after January 1, 2015. An individual who currently has a previously-approved device installed in a vehicle may use that device until the end of the requirement for a device as long as the provider of the device continues to calibrate and de-install the device and produce reports as required by 735-118-0050.

(4) DMV’s list of approved devices and the providers of those devices is available at www.OregonDMV.com.

Stat. Auth.: ORS 184.616, 184.619 & 813.600
Stats. Implemented: ORS 813.600
Hist.: MV 36-1987(Temp), f. & ef. 12-1-87; Administrative Renumbering 3-1988, Renumbered from 735-169-0010; MV 17-1988, f. & cert. ef. 5-18-88; DMV 11-2001, f. & cert. ef. 7-18-01; DMV 9-2005, f. & cert. ef. 2-16-05; DMV 8-2014, f. 8-29-14, cert. ef. 9-1-14

735-118-0020

Product Liability for Ignition Interlock Devices

(1) Each manufacturer or manufacturer’s representative of a device must have product liability insurance with minimum liability limits of one million dollars per occurrence. There must be no cancellation, material change, exhaustion of aggregate limits or intent not to renew the coverage by the manufacturer or the insurance company without 30 days written notice to DMV.

(2) Each manufacturer or manufacturer’s representative of a device that appears on Oregon’s approved device list must provide to DMV, a statement that the manufacturer, or the manufacturer’s representative, will be totally responsible for product liability and to indemnify the following from any liability resulting from the device or its installation or use:

(a) The State of Oregon;

(b) The court that ordered installation of the device; and

(c) The testing laboratory that has verified the device meets DMV standards and requirements.

Stat. Auth.: ORS 184.616, 184.619 & 813.600
Stats. Implemented: ORS 813.600
Hist.: MV 36-1987(Temp), f. & ef. 12-1-87; Administrative Renumbering 3-1988, Renumbered from 735-169-0020; MV 17-1988, f. & cert. ef. 5-18-88; DMV 11-2001, f. & cert. ef. 7-18-01; DMV 8-2014, f. 8-29-14, cert. ef. 9-1-14

735-118-0030

Removal from List of Approved Ignition Interlock Devices

(1) DMV may remove a device from the list of approved devices, upon any of the following grounds:

(a) Evidence of repeated device failures due to gross defects in design, materials or workmanship during manufacture;

(b) Notices of cancellation of the manufacturer’s or manufacturer’s representative liability insurance;

(c) Notice that the manufacturer, manufacturer’s representative or provider is no longer in business;

(d) Voluntary request from the manufacturer or manufacturer’s representative of the device in Oregon to remove a device from the approved list for which the manufacturer or manufacturer’s representative has previously received approval;

(e) Repeated and documented non-compliance with the requirements of OAR 735-118-0050 by the provider; or

(f) Any other reasonable cause to believe the device was inaccurately represented as meeting the performance standards described in these rules.

(2) When DMV removes a device from the list of approved devices that device is no longer acceptable for new installations. DMV may notify individuals with a current installation of a device removed from the list of approved devices that the person must install a different device to continue to meet the requirement to install an IID.

Stat. Auth.: ORS 184.616, 184.619 & 813.600
Stats. Implemented: ORS 813.600
Hist.: MV 36-1987(Temp), f. & ef. 12-1-87; Administrative Renumbering 3-1988, Renumbered from 735-169-0030; MV 17-1988, f. & cert. ef. 5-18-88; DMV 11-2001, f. & cert. ef. 7-18-01; DMV 9-2005, f. & cert. ef. 2-16-05; DMV 8-2014, f. 8-29-14, cert. ef. 9-1-14

735-118-0040

Performance Standards for Ignition Interlock Devices

(1) Beginning January 1, 2015, all devices newly installed into a vehicle must be based on electro-chemical fuel sensor technology and must meet or exceed the standards established by the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs)”, which is incorporated by reference and made part of this rule as published in the Federal Registers, Volume 78, Number 89, Wednesday, May 8, 2013, on pages 26849-26867 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective May 8, 2014.

(2) Beginning June 1, 2015, all devices newly installed into a vehicle must be equipped with a camera that captures the photo of the person blowing into the device when a sample is provided.

(3) The alcohol set point designated by Oregon is .020 BrAC.

(4) In addition to the specifications listed in sections (1), (2) and (3) of this rule, an approved device must:

(a) Prevent the vehicle from starting, for a period not exceeding 15 minutes, if there are three failed attempts to provide the required breath sample or the breath sample is equal to or above .020 BrAC.

(b) Purge automatically and completely the device before allowing subsequent tests.

(c) Allow the vehicle to be started upon completing a subsequent test if the breath sample is below .020 BrAC.

(d) Require retests while a vehicle’s engine is in operation as follows:

(A) The first retest is required at a randomly variable interval ranging from five to ten minutes after passing the initial breath test and starting the vehicle’s engine. Subsequent retests are required at randomly variable intervals ranging from 15 to 45 minutes from the previously required retest for the duration of travel.

(B) A device must allow five minutes for the retest to be completed.

(C) A device must provide a distinct audible and visual indicator to alert the driver that a retest is in progress. A retest is considered failed if it is not performed or the breath sample registers at or above .020 BAC. Upon a retest failure, the device must:

(i) Activate a unique audible and visual indicator inside the passenger compartment of the vehicle, until the engine is shut down;

(ii) Record a retest violation in the data storage system;

(iii) Require the device to be serviced within seven days; and

(iv) Disable the free restart feature.

(e) Require a periodic calibration at least once every 60 days.

(f) Prevent the vehicle from starting if the vehicle misses the scheduled calibration appointment by more than seven days.

(g) Allow a restart within three minutes (free restart feature), without an additional test, when the ignition is turned off or the vehicle has stalled.

Stat. Auth.: ORS 184.616, 184.619 & 813.600
Stats. Implemented: ORS 813.600
Hist.: MV 36-1987(Temp), f. & ef. 12-1-87; MV 41-1987(Temp), f. & ef. 12-18-87; Administrative Renumbering 3-1988, Renumbered from 735-169-0040; MV 17-1988, f. & cert. ef. 5-18-88; DMV 11-2001, f. & cert. ef. 7-18-01; DMV 8-2014, f. 8-29-14, cert. ef. 9-1-14

735-118-0050

Requirement and Reports

(1) The requirement that an approved ignition interlock device be installed and used in any vehicle operated by a person is a DMV requirement when:

(a) The person is applying to DMV for a hardship permit and an ignition interlock device is required for the person to qualify for a hardship permit; or

(b) The person is applying for full reinstatement following a suspension or revocation of driving privileges and due to the conviction(s) that caused the suspension or revocation the person is required to install an ignition interlock device.

(2) The requirement that an approved ignition interlock device be installed and used in any vehicle operated by a person is a court requirement when the person has entered a diversion agreement with a court.

(3) A provider must download the data collected by a device each time the provider calibrates the device, even if the provider determines calibration is unnecessary.

(4) For a person who has an ignition interlock device installed as a condition of a diversion agreement, a manufacturer, manufacturer’s representative (or a provider authorized by a manufacturer or manufacturer’s representative) must report installation of the device or IID Negative Report (DMV Form 735-7378) by a person to both the court that required the installation (or the court’s designee) and to the district attorney or city prosecutor in the court’s jurisdiction as required by Section 2, Chapter 577, Oregon Laws 2015.

(5) A manufacturer, manufacturer’s representative (or a provider authorized by a manufacturer or manufacturer’s representative) must complete and submit to DMV the IID Certification — No Negative Report (DMV form 735-7379) when a person required to install an IID has no negative report during the last 90 days of any requirement or, if the requirement has been extended, as soon as 90 days without a negative report occurs.

(6) A manufacturer, manufacturer’s representative (or a provider authorized by a manufacturer or manufacturer’s representative) must, upon request, provide to the person a IID Certification — No Negative Report (DMV form 735-7379) if the person had the device installed due to a diversion agreement and there is no negative report for at least six consecutive months.

(7) For purposes of this rule, a “negative report” is a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device.

Stat. Auth.: ORS 184.616, 184.619 & 813.600
Stats. Implemented: ORS 813.600 & 813.602
Hist.: DMV 8-2014, f. 8-29-14, cert. ef. 9-1-14; DMV 12-2015, f. 12-17-15, cert. ef. 1-1-16

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