Sunday, May 18, 2014

39:4-50.20 Certification of devices.

39:4-50.20  Certification of devices.
5.The director shall certify or cause to be certified ignition interlock devices required by this act and shall publish a list of approved devices.  A device shall not be certified unless the manufacturer enters into an agreement with the division for the provision of devices to indigent offenders, as determined by the director, at a reduced cost. The director shall provide a copy of this list along with information on the purpose and proper use of interlock devices to persons who have been ordered by the court to install such a device in their vehicles. 

L.1999,c.417,s.5.
 
39:4-50.21  Rules, regulations.
6.Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the division shall promulgate rules and regulations for the installation and use of ignition interlock devices.  These regulations shall be consistent with the federal model specifications for ignition interlock devices issued by the National Highway Traffic Safety Administration.  They shall include, but not be limited to, the following:

a.requiring that the ignition interlock system selected shall:

(1)not impede the safe operation of the vehicle;

(2)incorporate features that make circumvention difficult and that do not interfere with the normal use of the vehicle;

(3)correlate closely with established measures of alcohol impairment;

(4)operate accurately and reliably in an unsupervised environment;

(5)resist tampering and give evidence when tampering is attempted;

(6)be difficult to circumvent and require premeditation to do so;

(7)require a deep lung breath sample as a measure of blood alcohol concentration equivalence;

(8)operate reliably over the range of automobile environments; and

(9)be manufactured by a party who will provide liability insurance.

b.designating the facilities where ignition interlock devices may be installed;

c.establishing guidelines for the proper use of ignition interlock devices; and

d.establishing guidelines for the provision of ignition interlock devices at reduced rates to persons who, according to standards specified by the division, qualify as indigent.

The director may adopt at his discretion, in whole or in part, the guidelines, rules, regulations, studies, or independent laboratory tests performed on and relied upon in the certification of ignition interlock devices by other states, their agencies or commissions.

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