(a) (1) The Department of Motor Vehicles shall certify
or cause to be certified ignition interlock devices required
by Article 5 (commencing with Section 23575) of Chapter
2 of Division 11.5 and publish a list of approved devices.
(2) (A) The Department of Motor Vehicles shall ensure that
ignition interlock devices that have been certified according
to the requirements of this section continue to meet certification
requirements. The department may periodically require manufacturers
to indicate in writing whether the devices continue to meet
certification requirements.
(B) The department may use denial of certification, suspension
or revocation of certification, or decertification of an
ignition interlock device in another state as an indication
that the certification requirements are not met, if either
of the following apply:
(i) The denial of certification, suspension or revocation
of certification, or decertification in another state constitutes
a violation by the manufacturer of Article 2.55 (commencing
with Section 125.00) of Chapter 1 of Division 1 of the Title
13 of the California Code of Regulations.
(ii) The denial of certification for an ignition interlock
device in another state was due to a failure of an ignition
interlock device to meet the standards adopted by the regulation
set forth in clause (i), specifically Sections 1 and 2 of
the model specification for breath alcohol ignition interlock
devices, as published by notice in the Federal Register,
Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774
to 11787, inclusive.
(C) Failure to continue to meet certification requirements
shall result in suspension or revocation of certification
of ignition interlock devices.
(b) The department shall utilize information from an independent
laboratory to certify ignition interlock devices on or off
the premises of the manufacturer or manufacturer's agent,
in accordance with the guidelines. The cost of certification
shall be borne by the manufacturers of ignition interlock
devices. If the certification of a device is suspended or
revoked, the manufacturer of the device shall be responsible
for, and shall bear the cost of, the removal of the device
and the replacement of a certified device of the manufacturer
or another manufacturer.
(c) No model of ignition interlock device shall be certified
unless it meets the accuracy requirements and specifications
provided in the guidelines adopted by the National Highway
Traffic Safety Administration.
(d) All manufacturers of ignition interlock devices that
meet the requirements of subdivision (c) and are certified
in a manner approved by the Department of Motor Vehicles,
who intend to market the devices in this state, first shall
apply to the Department of Motor Vehicles on forms provided
by that department. The application shall be accompanied
by a fee in an amount not to exceed the amount necessary
to cover the costs incurred by the department in carrying
out this section.
(e) The department shall ensure that standard forms and
procedures are developed for documenting decisions and compliance
and communicating results to relevant agencies. These forms
shall include all of the following:
(1) An "Option to Install," to be sent by the Department
of Motor Vehicles to repeat offenders along with the mandatory
order of suspension or revocation. This shall include the
alternatives available for early license reinstatement with
the installation of an ignition interlock device and shall
be accompanied by a toll-free telephone number for each
manufacturer of a certified ignition interlock device. Information
regarding approved installation locations shall be provided
to drivers by manufacturers with ignition interlock devices
that have been certified in accordance with this section.
(2) A "Verification of Installation" to be returned to
the department by the reinstating offender upon application
for reinstatement. Copies shall be provided for the manufacturer
or the manufacturer's agent.
(3) A "Notice of Noncompliance" and procedures to ensure
continued use of the ignition interlock device during the
restriction period and to ensure compliance with maintenance
requirements. The maintenance period shall be standardized
at 60 days to maximize monitoring checks for equipment tampering.
(f) Every manufacturer and manufacturer's agent certified
by the department to provide ignition interlock devices
shall adopt fee schedules that provide for the payment of
the costs of the device by applicants in amounts commensurate
with the applicant's ability to pay.
Repealed and added Ch. 1237, Stats. 1994. Effective September
30, 1994.
Amended Sec. 19, Ch. 756, Stats. 1998. Effective January 1,
1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23235 Sec. 25, Ch. 22, Stats.
1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 6, Ch. 1064, Stats. 2000. Effective September
30, 2000.
Amended Sec. 21, Ch. 473, Stats. 2001. Effective January 1,
2002.
Amended Sec. 15, Ch. 545, Stats. 2002. Effective January 1,
2003
