PURPOSE: This rule outlines the minimum standards and specifications for ignition interlock device approval and certification 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) Standards and Specifications.

   1. (A) Before May 8, 2014, all devices installed into a vehicle must be based on electro-chemical fuel cell sensor technology and shall meet or exceed 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, all breath alcohol ignition interlock devices installed into a vehicle must be based on electro-chemical fuel cell sensor technology and shall meet or exceed the standards established by the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock 7 CSR 60-2

Devices” 78 FR 26849-26867 as published in the Federal Register by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and that shall become effective beginning on May 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. 1. All devices approved by the Missouri

Department of Transportation, Traffic and Highway Safety Division, must contain an anti-circumvention feature to help deter bogus breath samples and that feature should not be disengaged by any other person, including, but not limited to, the installer.

1. 2. All devices approved by the Missouri

Department of Transportation, Traffic and Highway Safety Division, shall be programmed to allow the vehicle to be restarted without requiring an additional breath test for three (3) minutes after the ignition has been turned off or the vehicle has stalled, except when the driver has failed to take a random test or has provided a breath sample over the alcohol setpoint.

1. 3. An ignition interlock installer shall—

   1. A. Be prohibited from installing an

ignition interlock device on a vehicle that is inoperable. Any vehicle towed in for installation must be driven away from the installation facility of its own power;

1. B. Ensure that a driver or other unau-

thorized person does not witness the installation or removal of an ignition interlock device; and

1. C. Inspect all vehicles prior to instal-

lation to determine that mechanical and electrical parts of the vehicle affected by an ignition interlock device are deemed in acceptable condition by the technician and not install a device unless and until the vehicle is in acceptable condition.

1. 4. The following anti-tampering mea-

sures shall be utilized when installing an ignition interlock device:

1. A. Place all connections between a

device and the vehicle under the dash or in an inconspicuous area of the vehicle;

1. B. Cover all of the following connec-

tions with unique and easily identifiable seal, epoxy, resin, wire, sheathing, or tape:

1. (I) Any wiring between an ignition

interlock device and the vehicle;

1. (II) All wires used to install the

device that are not inside a secured enclosure; and

1. (III) All exposed electrical connec-

tions.

1. (B) All approved devices must have an alcohol setpoint of twenty-five thousandths (.025) for initial startup.

   1. 1. A device shall be programmed to

allow a maximum of three (3) attempts to blow a breath sample below the alcohol setpoint within a ten- (10-) minute period.

1. 2. Three (3) failed startup attempts with-

in a ten- (10-) minute period shall result in a fifteen- (15-) minute temporary lockout.

1. 3. Two (2) fifteen- (15-) minute tempo-

rary lockouts within a thirty- (30-) day period will result in a violations reset message.

1. 4. The violations reset message shall

instruct the operator to return the device to the installer for servicing within seven (7) days.

1. A. As the result of a reset message,

the installer must download and calibrate the device.

1. B. The installer must report all viola-

tions to the court-ordered supervising authority within three (3) working days.

1. 5. If the vehicle is not returned to the

installer within seven (7) days, the device shall cause the vehicle to enter a permanent lockout condition.

1. (C) A rolling retest feature is required for all devices.

   1. 1. A device shall be programmed to

require a rolling retest within five (5) minutes after the start of the vehicle and randomly during each subsequent thirty- (30-) minute time period thereafter as long as the vehicle is in operation.

1. 2. Any breath sample above the alcohol

retest setpoint of twenty-five thousandths (.025) or any failure to provide a rolling retest sample within five (5) minutes shall activate the vehicle’s horn or other installed alarm and/or cause the vehicle’s emergency lights to flash until the engine is shut off by the operator. Any three (3) breath samples, after startup, above the alcohol setpoint within a thirty- (30-) day period or three (3) refusals by the driver to provide a retest sample within a thirty- (30-) day period shall result in a violations reset message.

1. 3. The violations reset message shall

instruct the operator to return the device to the installer for servicing within seven (7) days.

1. A. As the result of a reset message,

the installer must download and calibrate the device.

1. B. The installer must report all viola-

tions to the court-ordered supervising authority within three (3) working days.

1. 4. If the vehicle is not returned to the

installer within seven (7) days, the device shall cause the vehicle to enter a permanent lockout condition.

1. (D) The device shall be calibrated at least once every thirty (30) days. If the vehicle is not returned to the installer within seven (7) days of a scheduled service date, the device shall cause the vehicle to enter a service lockout condition.

2. (E) A device shall record data in its memory in such a manner that a hard copy report can be printed which includes all of the following information:

   1. 1. The date and time of any use or

attempted use of a vehicle;

1. 2. The date and time of any act or

attempt to tamper or circumvent the device;

1. 3. The date, time, and breath alcohol

concentration, in grams per two hundred ten (210) liters of air, of each breath sample provided to the device;

1. 4. The date and time of any malfunc-

tions of the device;

1. 5. The date and time of any failures to

provide retest samples;

1. 6. The date that a “service required”

(that is, violations reset) message is issued to the operator;

1. 7. The date that any service is per-

formed; and

1. 8. Photo identification and global posi-

tioning data when the features are enabled as required by the court supervising authority, Department of Revenue, or Missouri statute. The GPS and photo ID data should be captured during the events outlined in paragraphs 2. through 5. above.

1. (F) A device must provide all of the following information to an operator:

   1. 1. The device’s readiness for acceptance

of a breath sample;

1. 2. A numeric display of the breath alco-

hol concentration in grams per two hundred ten (210) liters of air, or a visual pass/fail indicator, or a combination audio response and visual pass/fail indicator, or a combination audio response and a numeric display;

1. 3. A reminder seven (7) working days

prior to a scheduled service date; and

1. 4. A warning to obtain service within

seven (7) days if any of the following conditions occur:

1. A. Any act or attempt to tamper or

circumvent the device; and

1. B. A scheduled service date is

missed.

1. (G) The sale or use of any type of remote code or reset feature allowing a driver to bypass an installed ignition interlock without providing a pure breath sample at startup or during operation of the vehicle is prohibited.

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 60-2.030. 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 60-2.030, effective Aug. 28, 2003. Emergency amendment filed May 7, 2009, effective July 1, 2009, expired Dec. 30, 2009. Amended: Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed April 8, 2010, effective April 18, 2010, expired Nov. 30, 2010. Amended: Filed April 8, 2010, effective Nov. 30, 2010. 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.