250 Neb. Admin. Code, ch. 1, § 004

Current through September 17, 2024
Section 250-1-004 - IGNITION INTERLOCK DEVICE PERFORMANCE STANDARDS

An ignition interlock device must meet the following criteria to be approved for use in Nebraska:

004.01NHTSA Standards.

The breath alcohol ignition interlock device must be accompanied by a certificate of an independent testing laboratory indicating that the device meets or exceeds the performance standards of the National Highway Traffic Safety Administration for such devices as published in Model Specifications for Breath Alcohol Ignition Interlock Devices, (BAIID), Federal Register, Volume 78, No. 89, Page 26849 et seq. on May 8, 2013, as amended, and which are incorporated with these rules and regulations as Attachment 1. A complete and certified copy of the testing protocol and the results thereof of the independent testing laboratory shall also accompany the breath alcohol ignition interlock device specifications submitted for approval.

004.02Current Ignition Interlock Devices.

Any ignition interlock device approved by the Department prior to the effective date of these rules and regulations may continue to be used in Nebraska and may be recertified until December 31, 2017 without meeting 004.01 provided the device and provider meet all other requirements in these rules and regulations. Beginning January 1, 2018, all interlocks must conform completely to these rules and regulations.

004.03Camera.

The submitted ignition interlock device must have a camera; and the digital images taken shall capture a wide-angle view of the area around the steering wheel and front cabin;

004.04Safe Operation.

The ignition interlock device shall offer safe operation of the motor vehicle in which the device is installed;

004.05No Tampering.

The ignition interlock device shall offer protection against tampering and preservation of evidence of such tampering;

004.06No Circumvention.

The ignition interlock device shall be able to detect and be resistant to circumvention;

004.07Reliable.

The ignition interlock device shall work reliably and accurately in an unsupervised environment and, if the ignition interlock device cannot operate properly due to some problem (e.g., improper voltage, temperature exceeding operating range, dead sensor, etc.) the device will lockout. If fault is found with the ignition interlock device, the costs for repair or replacement shall be borne by the provider and manufacturer.

004.08Restart.

The ignition interlock device shall be able to initiate a "restart" of the motor vehicle's ignition within two minutes after the ignition has been turned off without requiring another breath alcohol analysis so long as the driver has not registered a BrAC fail or is not in the process of completing a retest;

004.09Fuel Cell.

The ignition interlock device shall use an alcohol specific fuel cell technology and shall be designed and constructed to measure a driver's breath alcohol concentration from a deep lung breath sample blown directly into the device;

004.10Three Attempts.

The ignition interlock device shall permit the driver three attempts to provide a valid sample in 15 minutes . The device will require at least 3 minutes before accepting the next sample. When first starting the vehicle, the ignition interlock device will lockout temporarily for 30 minutes if no valid sample is provided within 15 minutes.

004.11Permanent Lockout Warning.

The ignition interlock device shall provide a warning for five days before the ignition system of the motor vehicle is permanently locked for any of the following:

A. After a temporary lockout;
B. After an attempt to circumvent or tamper with a device; or
C. Time for calibration, download, or service.
004.12Data Logger.

The ignition interlock device shall record each time the motor vehicle is started, the time of each start, how long the motor vehicle was operated, and any instances of tampering or attempted tampering with the unit;

004.13Running Retest.

The ignition interlock devices shall require running retests.

The running retest shall take place within the first five minutes of starting operation of the motor vehicle. After the initial running retest, the ignition interlock device shall require the driver to perform another randomly timed running retest during each following 30-minute interval of operation until the motor vehicle is turned off.

004.13A In order to alert the driver that a running r retest is required, a warning light and/or tone shall come on. After the warning is activated, the driver shall have five minutes to safely provide a valid sample. If the sample fails, the driver shall have an additional five minutes to provide a valid breath sample for the retest. The motorist will have three opportunities in total to provide a valid sample before the ignition interlock device enters lockout mode and will temporarily lockout when the ignition is turned off.
004.14Visible Cautions.

The ignition interlock device shall visibly and/or audibly indicate the following to the driver and any qualified person:

004.14A the device is on;
004.14B the device has enabled the ignition system of the motor vehicle in which it is installed;
004.14C the device is in need of service or calibration at least five days before the end of the calibration interval;
004.14D the failure to provide a valid sample and the number of remaining retests permitted before a temporary lockout;
004.14E A test or running retest failure;
004.14F A failure to take a test or running retest when required;
004.14G A circumvention attempt; or
004.14H A tampering attempt.
004.15Options.

An ignition interlock device may have a detachable sensor to allow mail-in service to customers. An ignition interlock device may include advanced technologies, e.g., real time reporting or GPS.

250 Neb. Admin. Code, ch. 1, § 004

Amended effective 11/23/2016.