Md. Code Regs. 11.13.10.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.13.10.03 - Manufacturer's Application

A. A manufacturer seeking certification of ignition interlock devices shall apply for certification on a form or in a format prescribed by the Administration and shall certify that its ignition interlock devices:

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

(2) Minimize opportunities to be bypassed;

(3) Correlate accurately with established measures of blood alcohol levels;

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

(5) Require a proper and accurate measure of blood alcohol levels;

(6) Resist tampering and provide evidence of attempted tampering;

(7) Are difficult to circumvent and require premeditation to circumvent;

(8) Minimize inconvenience to a sober user;

(9) Are manufactured by a party responsible for installation, user training, service, and maintenance;

(10) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;

(11) Are manufactured by a person adequately insured for product liability;

(12) Provide the option for an electronic log of the driver's experience with the device; and

(13) Sold or leased, of the same make and model for which application for certification is sought, meet the requirements for certification set forth in the specifications of the devices.

B. An application for certification shall include, in addition to other information which the Administration may require:

(1) The name and address of the manufacturer;

(2) The name and model number of the device;

(3) A detailed description of the device including instructions for its installation and operation;

(4) Technical specifications descriptive of the device's accuracy, security, data collection and recording, digital photographic image collection, tamper detection, and environmental features;

(5) A description of the manufacturer's present or planned provisions for distribution of the device in Maryland including all locations in the State where the device may be purchased, installed, serviced, repaired, calibrated, inspected, and monitored;

(6) A certificate from an insurance company licensed in Maryland evidencing that the manufacturer holds product liability insurance as required in Regulation .05 of this chapter;

(7) A certified copy of the drawings, schematics, and wiring protocols for the device and its components as confidential commercial information not subject to disclosure under General Provisions Article, Title 4, Annotated Code of Maryland; and

(8) A sample warning label, to be affixed to each device, which shall be in compliance with Transportation Article, § 27-108, Annotated Code of Maryland.

Md. Code Regs. 11.13.10.03

Regulations .03 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109); amended effective 46:19 Md. R. 815, eff. 10/1/2019; amended effective 47:4 Md. R. 261, eff. 2/24/2020