(a) Approval of breath alcohol ignition interlock device, manufacturer, and service provider.

1. (1) Requirements for approval of device. The manufacturer requesting approval/certification of a BAIID shall submit:

   1. (A) A written application, certifying that the device:

(i) Does not impede the safe operation of a vehicle;

1. (ii) Minimizes inconvenience to non-drinking vehicle operators;

   1. (iii) Offers minimal opportunities for bypass;

      1. (iv) Works accurately and reliably in unsupervised environments; and
      2. (v) Accurately measures the person's alcohol level;

   2. (B) A written commitment to:

      1. (i) User training, servicing, and maintenance of the system; and
      2. (ii) Reporting to specified authorities;

   3. (C) A written commitment to provide a twenty-four-hour toll-free telephone number for:

      1. (i) Emergencies; and
      2. (ii) Mechanical problems;

   4. (D)

      1. (i) Evidence of liability insurance, in the amount of at least one million dollars ($1,000,000) per occurrence, with three million dollars ($3,000,000) aggregate total.
      2. (ii) The liability insurance shall include coverage for defects in product design and materials as well as in the manufacturing, calibration, installation, and removal of devices.
      3. (iii) The proof of insurance shall include a statement from the insurance company that thirty (30) days’ notice will be given to the Office of Alcohol Testing before cancellation of the insurance;
   5. (E) Evidence that the manufacturer and service provider indemnify and hold harmless the State of Arkansas, the State Board of Health, the Office of Alcohol Testing, and its officers, employees, and agents from all claims, demands, actions, and costs that may arise directly or indirectly out of any act or omission by the manufacturer relating to the installation, service, repair, use, and removal of a device;
   6. (F) One (1) BAIID unit, not installed in a vehicle;
   7. (G) A verifiable report of an independent testing laboratory indicating that the device meets or exceeds the current standards of the National Highway Traffic Safety Administration for such devices as described in this part; and
   8. (H) A complete copy of the testing protocol used by the laboratory for the testing of the device and the results thereof.

2. (2) Requirements for BAIID system approval. In order to obtain approval/certification by the Office of Alcohol Testing, the manufacturer shall:

   1. (A) Comply with the requirements in subsections (a) – (c) of this section; and
   2. (B) Provide, in writing to the Office of Alcohol Testing, satisfactory assurance that the service provider or providers will fulfill the requirements in subsections (c) – (d) of this section.

(b) Manufacturer responsibilities.

1. (1) Modifications. The manufacturer of such device shall:

   1. (A) Notify the Office of Alcohol Testing, in writing, of any material modification or alteration in the components, design or installation, and operating instructions of any device approved for use in this state; and
   2. (B) Provide the Office of Alcohol Testing satisfactory proof that these modifications or alterations do not adversely affect the ability of the device to satisfy the requirements of 5 CAR § 21-105(a) and/or (b).

2. (2) Mouthpieces and parts.

   1. (A) The manufacturer shall provide an adequate supply of mouthpieces if required.

   2. (B) Service providers shall be provided an adequate inventory of parts and supplies by the manufacturer.

      1. (c) Calibration.
3. (1) Requirements for calibration. A BAIID utilized under this part shall be calibrated at least once every sixty-seven (67) days using either a wet alcohol standard or a compressed gas standard at a manufacturer-approved service provider site.

4. (2) Records of calibration.

   1. (A) The calibration records shall be maintained by the service provider or the manufacturer for a period of three (3) years.
   2. (B) Copies of these records shall be provided as requested.
   3. (C) These records must reflect all pertinent information and provide a credible account of the condition of each device over the period of use.

5. (3) Required details. Each record shall include the:

   1. (A) Name of the person performing the calibration;
   2. (B) Date;
   3. (C) Alcohol value;
   4. (D) Lot number;
   5. (E) Expiration date;
   6. (F) Type of standard used;
   7. (G) Unit type and identification number of the BAIID checked; and

   8. (H) Description of the vehicle in which the BAIID is installed, including the:

      1. (i) License plate number and state; and
      2. (ii) Vehicle:

(b) (b) Make;

1. (c) (c) Model;

   1. (d) (d) Year; and

(e) (e) Color.

1. (d) Service provider responsibilities.

2. (1) Service. A service provider shall provide the following minimum service:

   1. (A) Repair and/or calibration within three (3) business days after service is requested;
   2. (B) A reasonable number of installation and service facilities within the state, with reasonable business hours; and
   3. (C) Access to a twenty-four-hour toll-free telephone number to answer questions and to deal with mechanical problems and emergencies related to the device.

3. (2) Security.

   1. (A)

      1. (i) Installation of the device must be done in an area that is secured from unauthorized persons.
      2. (ii) Necessary precautions must be taken to prevent:

(b) (b) Any observation of installation.

1. (iii) Only trained, authorized personnel and the Office of Alcohol Testing inspectors shall have access to the:

(b) (b) Instructions and seals.

1. (B)

   1. (i) A service provider is prohibited from assisting or facilitating any tampering or circumvention of a device.

      1. (ii) A service provider may not install a device on a vehicle owned or operated by any of its employees.
   2. (C) Failure of a service provider to assure complete integrity of the interlock system may result in a loss of approval status for the provider.
2. (3) Vehicle inspection. The service provider shall inspect each vehicle before installing the device to insure the vehicle is in a mechanical and electrical condition that will allow the device to meet the specifications in 5 CAR § 21-105(b).
3. (4) Directions for installation of devices. A BAIID utilized under this part shall be installed by the manufacturer or by private sector service providers in conformance with the directions of the manufacturer.
4. (5) Tamper protection. The installation of the device shall include tamper-proof hardware and/or void seals or heat-seal plastic that will provide evidence of any tampering.

5. (6) Warning label.

   1. (A) Manufacturers shall provide the service providers with a warning label to affix to every unit installed in a vehicle.
   2. (B) The warning label shall state essentially: WARNING! ANY ACTUAL OR ATTEMPTED TAMPERING OR CIRCUMVENTION OF THIS DEVICE CAN SUBJECT YOU TO CRIMINAL AND CIVIL LIABILITY.

6. (7) Instructions to users.

   1. (A) At the time of installation, detailed operational instructions shall be given to individuals who will be operating the vehicle.
   2. (B) In addition to the manufacturer's instructions, this information shall include a copy of 5 CAR § 21-106.
   3. (C) The driver is to be instructed to keep a copy of the order of installation in the vehicle for inspection.

(e) Monitoring of devices.

1. (1) Frequency of monitoring. At the time of the calibration, the device and vehicle shall be monitored and a report promptly provided to the Office of Driver Services.

2. (2) Monitoring report. The report shall provide a minimum of the following:

   1. (A) Name of assigned driver;
   2. (B) Vehicle identification number;
   3. (C) Vehicle license plate number;
   4. (D) Mileage;
   5. (E) Period of review covered in the report;
   6. (F) A clear communication of all inappropriate events; and
   7. (G) A report of the pattern of vehicle use.

3. (3) Report of tampering.

   1. (A) At the time of calibration, the device and vehicle shall be inspected for:

      1. (i) Evidence of tampering;
      2. (ii) Abuse; and
      3. (iii) Proper function.
   2. (B) The monitoring report shall include any fact concerning the improper operation of the device or vehicle.
   3. (C) The removal of the warning label or any other label, seal, or tag shall be noted in the report on this device.

(f) Denial, suspension, or revocation of certification/approval of a device.

1. (1) Cause for loss of approval/certification. The Office of Alcohol Testing may deny, suspend or revoke approval/certification of any device for any of the following reasons:

   1. (A) Defects in design, materials, or workmanship causing repeated failures of a device;
   2. (B) Termination or cancellation of a manufacturer's liability insurance;
   3. (C) Discontinuance of the manufacturer's business;
   4. (D) Voluntary request by a manufacturer to cancel approval of a device;
   5. (E) Violation by a manufacturer or service provider of any of the provisions of this part;
   6. (F) Provision of materially false or inaccurate information relating to a device's performance standards by a manufacturer or service provider; or
   7. (G) Modification or alteration of the components, design, or installation and operation instructions in such a way that the requirements of 5 CAR § 21-105(b)(1)(A) are no longer satisfied.
2. (2) Effective date. A revocation or suspension of an approval becomes effective fifteen (15) days after notification is sent to the manufacturer by certified mail.

3. (3) Appeal.

   1. (A) A manufacturer may appeal a denial, suspension, or revocation of approval.
   2. (B) This request shall be submitted to the Office of Alcohol Testing, in writing, within fifteen (15) days of the receipt of a notice of denial or revocation of approval.
4. (4) Suspension. Upon suspension a provider must cease accepting new customers but must continue to calibrate, service, and monitor existing customers for the duration of the suspension.
5. (5) Cost of removal and replacement of device. After denial or revocation of approval, or voluntary surrender of an approval, a manufacturer shall be responsible for any costs connected with the removal of its devices from customers' vehicles and the installation of another device from the Office of Alcohol Testing’s list of approved devices.