PURPOSE: This rule clarifies the standards and specifications required for an ignition interlock device to be certified for use in 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) Device standards and specifications. To be certified, a breath alcohol ignition interlock device must—

   1. (A) General.

      1. 1. Meet or exceed the standards estab-

lished 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 effective March 8, 2014, and 80 FR 16720-16723 as published in the Federal Register on March 30, 2015 and effective March 30, 2015, which are 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. 2. Be manufactured or assembled by an

entity which possesses an accredited ISO 9001 certification. Certification shall be applied for by January 1, 2019, and successfully obtained by July 1, 2019.

1. 3. Have electro-chemical fuel cell sensor

technology or other advanced technology approved by the department.

1. 4. Not be affected by humidity, dust,

electromagnetic interference, smoke, exhaust 7 CSR 60-2

fumes, food substance, or normal automobile vibration when used in accordance with device instructions.

1. 5. Audibly or visually indicate when a

1.5 liter breath sample has been collected. The division, at its discretion, may permit the adjustment of the breath volume requirement to as low as 1.2 liter, when provided documentation from a licensed physician verifying an applicable medical condition. The physician’s documentation will be submitted in a format approved by the division. Upon review, the division will notify the operator in writing of approval or denial of a lowered breath volume.

1. 6. Permit a vehicle to be restarted with-

out requiring an additional breath test for three (3) minutes after the ignition has been turned off or the vehicle has stalled, except when the operator has failed to take a running retest or has provided a breath sample which meets or exceeds the alcohol setpoint.

1. 7. Have an anti-circumvention feature

activated to deter bogus breath samples.

1. 8. Display on a label the message:

“WARNING! ANY PERSON TAMPER- ING, CIRCUMVENTING, OR OTHER- WISE MISUSING THIS DEVICE IS GUILTY OF A CLASS A MISDE- MEANOR”;

1. (B) Information to operator.

   1. 1. Alert the operator of its readiness for

a breath sample.

1. 2. A visual pass/fail indicator of the

Breath Alcohol Concentration (BrAC), or a combination audio response and visual pass/fail indicator.

1. 3. Alert the operator of scheduled ser-

vice at least seven (7) days prior to a scheduled service date.

1. 4. Provide a warning to obtain service

within seven (7) days following a missed scheduled service date or violations reset.

1. 5. The device will permanently lockout

if service is not obtained within the seven (7) day warning period;

1. (C) Alcohol set point to start vehicle.

   1. 1. Have an alcohol set point below twen-

ty-five thousandths (.025) for initial breath test to start the vehicle.

1. 2. Permit a maximum of three (3)

attempts to blow a breath sample below the alcohol set point within a ten- (10-) minute period.

1. 3. Cause a fifteen- (15-) minute tempo-

rary lockout when three (3) failed startup attempts occur within a ten- (10-) minute period.

1. 4. Present a violations reset message

when two (2) fifteen- (15-) minute temporary lockouts occur within a thirty- (30-) day period;

1. (D) Alcohol retest set point and running retest.

   1. 1. Provide a running retest feature.
   2. 2. Have an alcohol retest set point of

twenty-five thousandths (.025).

1. 3. Request a running retest within five

1. (5) minutes after the start of the vehicle and randomly during each subsequent thirty- (30-) minute time period thereafter while the vehicle is in operation;

   1. 4. Activate the vehicle’s horn, or other

installed alarm, until the operator shuts off the engine when a device calculates a breath sample at or above the alcohol retest set point of twenty-five thousandths (.025) or when a device records a failure to provide a running retest sample within five (5) minutes.

1. A. Any aftermarket alarm or siren

installed in a vehicle by the Authorized Service Provider (ASP) will be installed inside the passenger compartment of the vehicle.

1. 5. Present a violations reset message

when three (3) running retest breath samples at or above the alcohol retest set point occur within a thirty- (30-) day period or when three (3) running retest refusals are recorded within a thirty- (30-) day period;

1. (E) Violations reset message.

   1. 1. Instruct the operator to obtain device

service within seven (7) days following receipt of the message.

1. 2. Cause the vehicle to enter a perma-

nent lockout condition when a device is not serviced within seven (7) days;

1. (F) Device calibration.

   1. 1. Utilize calibration devices that are

listed on the “Highway Safety Programs; Conforming Products List of Calibrating Units for Breath Alcohol Testers” established by the United States Department of Transportation, National Highway Traffic Safety Administration, 77 FR 64588-64590 as published in the Federal Register on October 22, 2012 by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective October 22, 2012, which are 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. 2. Calibrate devices at least every thirty

1. (30) days, +/- seven (7) days, or during each monitoring service.

   1. 3. Be calibrated for accuracy by using a

wet bath or dry gas alcohol standard with a reference value between 0.02 and 0.050 g/dL BrAC. The solution or gas should have a certificate of analysis that is traceable to the National Institute of Standards and Technology (NIST).

1. 4. The device calibration must be within

+/- 0.005 BrAC of the calibration standard reference value.

1. 5. House and use wet bath simulators in

environmentally stable, temperature controlled settings. Utilize wet bath simulators containing mercury-in-glass thermometers or digital thermometers and read thirty-four (34) degrees Celsius, +/- 0.2 degrees Celsius. Tubing length connecting the simulator to the interlock device will not exceed six (6) inches in length.

1. 6. Store dry gas alcohol standard tanks

in an environment where the temperature range remains between fifty and one hundred and four (50–104) degrees Fahrenheit and secured in a manner as to prevent harm to the public. The reference value will be adjusted for changes in elevation;

1. (G) Data storage and retention.

   1. 1. Have a sufficient internal memory to

allow continuous recording and storage of all data for a minimum of thirty-seven (37) days.

1. 2. Store data in a manner so the data

will not be lost or affected by unintended data corruption, low vehicle battery voltage, loss of power supply, or disengagement or disconnection of the device.

1. 3. Store data in a manner so that it can

be printed in a report format that can be reasonably understood without reference to other information or documents.

1. 4. Capture the date and time of: any use

or attempted use of a vehicle, any act or attempt to tamper or circumvent the device, device malfunctions, running retest refusals, when a violation reset message was presented, and any device servicing.

1. 5. Capture 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. 6. Provide photo identification or digital

images and global positioning data when the features are enabled as required by the court supervising authority, Department of Revenue, or Missouri statute;

1. (H) Photo identification or digital images when the features are enabled as required by the court supervising authority, Department of Revenue, or Missouri statute.

   1. 1. Not impede the field of vision of the

operator for safe and legal operation of the vehicle;

1. 2. Include a reference photo or digital

image of the operator at installation that is included as part of their electronic record.

1. 3. Provide a wide angle view of suffi-

cient quality so the person providing a breath sample and his/her position in the vehicle can be clearly identified.

1. 4. Provide a photo or digital image of

sufficient quality and resolution so that the operator can be clearly identified in all lighting conditions including, but not limited to, extreme brightness, darkness, and low light conditions.

1. 5. Provide a photo or digital image for

each successful completion of the initial breath test, successful completion of any running retest breath test, unsuccessful delivery of the initial breath test, unsuccessful delivery of any running retest breath test, any refusal to take the breath test, and for any circumvention or tampering.

1. 6. Indicate the date, time, and BrAC

reading when the photo or digital image was taken; and

1. (I) Real-Time Reporting.

   1. 1. Effective on and after January 1,

2019, incorporate real-time reporting capabilities on all new installations of devices that require a camera by statute or court order.

1. 2. Effective on and after August 1,

2019, incorporate real-time reporting capabilities on all currently installed devices that require a camera by statute or court order except when the operator is within three (3) months of removal of the device unless they have received a violations reset during that time period.

1. 3. Provide near real-time data transmis-

sion between the operator’s device and the manufacturer’s server while the device is in use.

1. 4. Make available for viewing, when a

violation occurs, all data, including photos or digital imaging and global positioning system coordinates, if required, on the manufacturer’s website within ten (10) minutes from when the data was recorded on the device or as soon as cellular transmission will permit. This includes any last event data recorded after power off or as power is restored (e.g., skipped running retest data).

1. 5. Make available for viewing, during

normal operation without violations, all data, including photos or digital imaging and global positioning system coordinates, if required, on the manufacturer’s website within twelve (12) hours from when the data was recorded on the device or as soon as cellular transmission will permit. This includes any last event data recorded after power off or as power is restored (e.g., skipped running retest data).

1. 6. Provide the date of the last upload on

the operator’s web account.

1. 7. Utilize a cell phone company as well

as a cellular contract that includes roaming services or a data transmission service. In cases where there is no cellular reception or data transmission, the device will store the data and send it as soon as reception is available or restored. and Operational Requirements

AUTHORITY: sections 226.130, 302.060, 302.304, 302.309, 302.525, 577.041, 577.600, 577.605, and 577.612, RSMo 2016, and sections 302.440–302.462, RSMo 2016 and RSMo Supp. 2017.* 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. Rescinded and readopted: Filed March 9, 2018, effective Oct. 30, 2018. *Original authority: 226.130, RSMo 1939, amended 1993, 1995; 302.060, RSMo 1939, amended 1951, 1982, 1983, 1984, 1987, 1989, 1991, 1996, 1999, 2005, 2008, 2009, 2012, 2013, 2014, 2015; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003, 2008, 2012, 2013, 2014, 2015; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, 1996, 1999, 2001, 2004, 2008, 2010, 2012, 2013, 2014, 2015; 302.440–302.462, see Revised Statutes of Missouri, 2016 and Supp. 2017; 302.525, RSMo 1983, amended 1984, 1991, 2002, 2008, 2012, 2013, 2015; 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998, 2001, 2002, 2003, 2005, 2008, 2010, 2013, 2014; 577.600, RSMo 1995, amended 2001, 2008, 2014; 577.605, RSMo 2014; and 577.612, RSMo 1995, amended 2008, 2014.