PURPOSE: This rule outlines the necessary steps for manufacturers to get their interlock devices approved and certified in the state of Missouri. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

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 Transportation 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 Transportation, Traffic and Highway Safety Division, PO Box 270, Jefferson City, MO 65102, 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 circum-

vent 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;

1. D. Complete technical specifications

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

1. E. A quality control plan that outlines

the requirements for installation sites, service centers, and technicians who install and/or service ignition interlock devices. The plan must be submitted annually, or when changes occur, and must include, but not be limited to, the following:

1. (I) Certification that ignition inter-

lock technicians do not have two (2) or more alcohol-related enforcement contacts as defined in section 302.525, RSMo, or a manslaughter, involuntary manslaughter, or any other type of crime or conduct involving moral turpitude that would compromise the program;

1. (II) Installation sites and service

centers are operating as a business meeting all federal, state, and local government regulations;

1. (III) The process the authorized

service provider will use for ongoing supervision of the sites and technicians in the state; and

1. (IV) Outline suspension and revo-

cation procedures for installation sites, service centers, and technicians for non-compliance of requirements set forth in 7 CSR 60- 2.010 through 7 CSR 60-2.060 or any policies outlined by the authorized service provider;

1. F. Before May 8, 2014, 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 11772–11787 (April 7, 1992), which is incorporated by reference and made a part of this rule as published in the Federal Register by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective April 7, 1992. This rule does not incorporate any subsequent amendments or additions to this publication. On and after May 8, 2014, 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” 78 FR 26849-26867 as published in the Federal Register on May 8, 2013 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and that shall become effective beginning on March 8, 2014, which is hereby incorporated by reference and made a part of this rule. This paragraph does not incorporate any subsequent amendments or additions to this publication;

1. G. A complete listing of all installers

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

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

service/question/complaint hot-line number; and

1. I. A separate application is required

for devices that differ in any operational aspect.

1. 3. The applicant seeking certification

shall—

1. A. Agree to ensure any service per-

formed outside the state of Missouri on a device installed pursuant to Missouri law and Operational Requirements

shall be in compliance with all requirements included herein;

1. B. Agree to ensure proper record

keeping and provide testimony relating to any aspect of the installation, service, repair, removal, interpretation of any report, or information recorded in the data storage system of a device;

1. C. Advise the Missouri Department

of Transportation, Traffic and Highway Safety Division, whether the device for which certification is being sought in Missouri is the subject of any action to disallow, or has ever been, in any way, disallowed for use in another state whether such action occurred before or after approval in Missouri and if or when such action is or has been appealed in the other state and the outcome of the appeal;

1. D. Upon request of the Missouri

Department of Transportation, Traffic and Highway Safety Division, and/or an agent of the state, for each device submitted for certification or certified under this section, agree to install the device with all proposed anticircumvention features activated in a vehicle provided by the state, and/or an agent of the state; and

1. E. The state, and/or an agent of the

state, may conduct compliance testing on the device submitted for certification and periodically throughout the certification period.

1. 4. All compliance costs associated with

the requirements set forth in 7 CSR 60-2.010 through 7 CSR 60-2.060 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, Department of Transportation, Traffic and Highway Safety Division.

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. The state of Missouri, Department of

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

AUTHORITY: sections 302.060, 302.304, 302.309, and 302.525, RSMo Supp. 2013, sections 577.041, 577.600–577.614, RSMo 2000 and RSMo Supp. 2013, and section 226.130, RSMo 2000.* 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. Amended: Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed Sept. 12, 2013, effective Oct. 1, 2013, expired March 29, 2014. Amended: Filed Sept. 12, 2013, effective March 30, 2014.

*Original authority: 577.600–577.614, see Missouri Revised Statutes and 226.130, RSMo 1939, amended 1993, 1995.