PURPOSE: This rule outlines the necessary steps for manufacturers to get their interlock devices approved and certified in the state of Missouri.

Editor’s Note: The following material is incorporated into this rule by reference: 1) 57 Federal Register 67, pp. 11772–11787, April 7, 1992 (Washington, D.C.: U.S. Government Printing Office, 1992). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) Approval Procedure.

   1. (A) Approval Requirement.

      1. 1. No ignition interlock device may be

leased, sold, serviced, repaired, installed or used in the state of Missouri under sections 577.600–577.614, RSMo unless it has been approved by the Missouri Department of Public Safety in accordance with the requirements stated herein.

1. (B) Application.

   1. 1. Application to become an authorized

service provider must be made by submitting a letter requesting approval of a breath alcohol ignition interlock device to the State of Missouri, Department of Public Safety, Division of Highway Safety, P.O. Box 104808, Jefferson City, MO 65110, in the manner described herein. All applicants must certify that their device—

1. A. Does not impede the safe opera-

tion of a vehicle;

1. B. Minimizes opportunities to bypass

the device; and

1. C. Prevents an operator from starting

a vehicle when the operator has a breath alcohol concentration which exceeds the alcohol setpoint.

1. 2. An application for certification must

include all of the following:

1. A. A written request for certification

of a device on the company’s letterhead, signed by an authorized representative of the company;

1. B. The name and business address of

the applicant;

1. C. The name and model number of

the device. A separate application is required for each model of device;

1. D. Complete technical specifications

describing the device’s accuracy, reliability, security, data collection and recording, tamper detection and environmental features;

1. E. A complete and certified copy of

data from an independent laboratory demonstrating that the device meets or exceeds the standards established by the United States Department of Transportation, National Highway Traffic Safety Administration identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 57 FR 67, pp. 11772–11787, April 7, 1992 (no subsequent dates or editions);

1. F. A complete listing of all installers

that includes the name, location, phone number, contact name and hours of operation;

1. G. A complete listing of each

installer’s standard prices for installation, calibration, device removal, device rental, reinstallation, device purchase, emergency service calls, towing and any other charges; and

1. H. The applicant’s toll-free customer

service/question/complaint hot-line number.

1. 3. All costs associated with the certifi-

cation and recertification process shall be borne by the applicant or authorized service provider.

1. (C) Approval.

   1. 1. The state of Missouri will issue a let-

ter of certification or a letter of refusal to certify within sixty (60) days after receipt of a completed application. No device should be deemed approved, regardless of the time frame, unless the applicant has received written notification from the state of Missouri, Division of Highway Safety.

1. 2. The state of Missouri will notify

applicants for certification if their application is incomplete and, if the application is incomplete, will specify what information or documents are needed to complete the application.

1. 3. Certification will be good through

December 31, 1996.

1. 4. The state of Missouri, Department of

Public Safety, Division of Highway Safety, will publish and maintain a list of approved devices. The list will be updated monthly as changes occur.

AUTHORITY: sections 577.600–577.614 and section 650.005, RSMo Supp. 1995.* This rule originally filed as 11 CSR 60-2.020. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.020, effective Aug. 28, 2003.

*Original authority: 577.600–577.614, RSMo 1995 and 650.005, RSMo 1973, amended 1985, 1989, 1993, 1995.