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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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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 OAR 735-118-0000 through 735-118-0040, the following definitions will apply:

(1) "Alcohol" means the generic class of organic compounds known as alcohols and, specifically, the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be manufactured specifically to detect ethyl alcohol.

(2) "Alveolar Air" also called "Deep Lung Air" means the air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of alcohol concentration from which blood alcohol concentration can be determined. The alveoli are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gasses occurs during respiration. Alcohol in the blood is eliminated from the lungs via the alveoli.

(3) "Blood Alcohol Concentration (BAC)" means the weight (w) amount of alcohol contained in a unit volume (v) of blood, measured in grams Ethanol/100ml blood and expressed as %, grams %, % w/v and % BAC. Blood alcohol concentration in these rules will be designated a "% BAC."

(4) "Bogus" means air samples that are not human breath samples and may include but are not limited to compressed air, hot air dryers, balloons filled with air (human breath or other air sources), manual air pumps.

(5) "Court" means a court that has made the use of an ignition interlock device a mandatory part of a particular individual's sentencing for a conviction of driving under the influence of intoxicants.

(6) "Customer" means anyone, including, but not limited to, a person, company, agency or organization that purchases, rents, or leases, etc., an ignition interlock device from a manufacturer.

(7) "Device" means an ignition interlock device.

(8) "DMV" means the Driver and Motor Vehicle Services Division of the Department of Transportation.

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

(10) "Interlock" means the state in which a device prevents a motor vehicle from starting.

(11) "Manufacturer" means a person, company, or corporation, who manufactures or produces an ignition interlock device.

(12) "Provider" means a person, company, corporation or representative who provides, installs, sells, rents or leases an ignition interlock device.

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

(14) "Restart" means the ability to start the engine again without giving another test. A "restart" occurs after a test is successfully completed, the vehicle is started, and then, at some point, the engine stops for any reason (including stalling) and must be restarted.

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

735-118-0010

Ignition Interlock Devices Approved in Oregon and Providers

(1) Ignition interlock devices acceptable for use in Oregon must be:

(a) Devices certified by the manufacturer to meet the requirements of ORS 813.600(2) and OAR 735-118-0040; and

(b) Devices for which the manufacturer meets product liability requirements of OAR 735-118-0020.

(2) DMV will publish a list of the devices that meet the requirements of section (1) of this rule and of the providers of those devices.

[ED. NOTE: Lists referenced are available from the agency.]

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

735-118-0020

Product Liability for Ignition Interlock Devices

(1) Each manufacturer of ignition interlock devices 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 of devices that appear on Oregon's approved device list must provide to DMV, a statement that the manufacturer 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.

(3) As evidence of product liability insurance, each manufacturer must, upon request, provide a certificate of insurance to DMV.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 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

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 liability insurance;

(c) Notification that the manufacturer or provider is no longer in business;

(d) Voluntary request from the manufacturer to remove a device from the approved list; or

(e) Any other reasonable cause to believe the device was inaccurately represented to meet the performance standards.

(2) When a device is removed from the list of approved devices that device will no longer be acceptable for new installations. However, DMV will allow those individuals who currently have that device installed in a vehicle to continue with that device until the end of the requirement for 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

735-118-0040

Performance Standards for Ignition Interlock Devices

An ignition interlock device must meet the following performance standards:

(1) Function properly 95 percent of the time.

(2) Not impede the safe operation of the vehicle in any way.

(3) Be manufactured with all reasonable precautions taken to prevent tampering or physical circumvention of device functions.

(4) Utilize breath samples that are alveolar air samples.

(5) Be capable of being preset to a specific % BAC from a range of 0.00 through 0.10% BAC (+ or - .005%). Devices installed must be preset to % BAC specified by DMV.

(6) Prevent the vehicle from starting if the breath sample is equal to or higher than the preset % BAC.

(7) Prevent the vehicle from starting for a period of time not to exceed 15 minutes due to:

(a) Three failure attempts; or

(b) Breath sample exceeding preset alcohol level.

(8) Automatically and completely purge all residuals within ten minutes before allowing subsequent tests.

(9) Allow the vehicle to be started if alcohol under the preset % BAC is detected in the breath sample.

(10) Detect bogus air samples.

(11) Prevent vehicle starting due to use of a bogus air sample.

(12) Detect a condition that would be considered tampering and:

(a) Prevent starting if repair or recalibration to the vehicle and device are not completed within seven days; or

(b) Have a computer printout or other means of indicating tampering to the authorized service technician.

(13) Require a periodic inspection every 60 days. The vehicle owner will be reminded of the inspection by:

(a) Activation of an indicator light on the device, not less than three days prior to the scheduled inspection date;

(b) Notification by certified mail, not less than seven days prior to the scheduled inspection date; or

(c) Both the indicator light and certified mailing of the reminder.

(14) Function properly in a temperature range of -40 degrees to +70 degrees centigrade.

(15) Function properly at all altitudes through 10,000 feet.

(16) Permit a restart within three minutes, without an additional test, when the ignition is turned off or the vehicle has stalled.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 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

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