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) Beginning July 1, 2009, all devices newly 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. Beginning July 1, 2011, all devices currently installed in an operator’s vehicle that are not electro-chemical fuel cell technology shall be removed by the authorized service provider of the nonelectro-chemical fuel cell device and such authorized service provider shall install new devices based on electro-chemical fuel cell technology, which must be selected from the state of Missouri’s list of such approved devices. The authorized service provider shall notify by May 1, 2011, operators with non-electro-chemical fuel cell devices in their vehicles that such devices are to be removed from the operators’ vehicles at the cost of the authorized service provider and that new devices shall be installed at the authorized service provider’s expense.

      1. 1. All devices approved by the Missouri

Department of Transportation, 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. and Operational Requirements

1. 2. All devices approved by the Missouri

Department of Transportation, 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.

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 five (5) working days.

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

the installer must download 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 five (5) working days, the device shall cause the vehicle to enter a permanent lockout condition.

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

   1. 1. A device shall be programmed to

require a rolling retest 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 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. Three (3) breath samples above the alcohol setpoint or three (3) refusals by the driver to provide a retest sample within a thirty (30)- day period will 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 five (5) working 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 five (5) working 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 five (5) working 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; and

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

formed.

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

five (5) working 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.

AUTHORITY: sections 577.600–577.614, RSMo 2000 and RSMo Supp. 2009 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, 7 CSR 60-2 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.

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