250 Neb. Admin. Code, ch. 1, § 006

Current through September 17, 2024
Section 250-1-006 - IGNITION INTERLOCK DEVICE APPROVAL AND REMOVAL OF APPROVAL BY THE DEPARTMENT

The manufacturer, or his or her designated representative installer, shall report to the Department, the court, district probation of Hce. or the Board according to the information provided on the driver's signed Ignition Interlock Disclaimer form completed and signed prior to installation of the device on a driver's motor vehicle(s) and kept on record. Any suspected violation shall be reported to the appropriate office using the Ignition interlock Incident Report form or equivalent. A form may be downloaded from the Department's webpage at www.dmv.ne.gov. The following occurrences shall be reported:

006.01Certificate of Approval.

Upon the demonstration by the provider that a device meets the criteria outlined in these rules and regulations, the Department may issue a certificate of approval for use of the ignition interlock device in Nebraska.

006.02Removal of Approval.

The Department shall maintain a list of approved ignition interlock devices, providers, and their manufacturers. The Department has the sole discretion to approve ignition interlock devices for use in this state or remove such devices from the approved list for failure to comply with these regulations or other good cause shown. If an ignition interlock device is removed from NHTSA's Conforming Product's List, that shall also be grounds for the Department to remove ignition interlock devices from the list of approved interlock devices in this state.

006.03Webpage.

A randomly ordered list of providers with approved ignition interlock devices for use in Nebraska will be posted on the Department's webpage. It shall be the responsibility of the provider to notify the Department with updated contact information for the webpage.

006.04Independent Checks on Ignition Interlock Devices.

The Department may conduct, or have conducted, independent checks on any of the approved ignition interlock devices to determine if the devices are operating within these rules and regulations. If the independent check indicates that the rules and regulations are not being followed, the Department shall require the provider to correct any abnormality found in the installation, calibration, maintenance checks, or usage records of the device. The provider shall report in writing to the Department within 30 days after receiving notification of the abnormality. The Department has the authority to remove any provider or device not found to be in compliance with these rules and regulations from the list of approved ignition interlock devices.

006.05 Repealed
006.06 Repealed

250 Neb. Admin. Code, ch. 1, § 006