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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 40. Board of Tests for Alcohol and Drug Influence |
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Chapter 50. Ignition Interlock Devices |
SECTION 40:50-1-2. Device certification process
Latest version.
- (a) No device may be used in the state of Oklahoma unless it has been approved by the Board in accordance with the requirements stated herein.(b) A list of approved device models shall be maintained by the Board and available for public review at the administrative office of the Board during regular business hours or by accessing the Board website at www.ok.gov/bot.(c) A manufacturer representative seeking certification of a device shall:(1) Complete an application for certification of an ignition interlock device and remit the appropriate fee in accordance with procedures established by the Board.(2) Provide proof, as deemed appropriate by the Board, the device for which certification is being sought in Oklahoma meets or exceeds the current National Highway Traffic Safety Administration (NHTSA) specifications (78 FR 26849).(3) Provide a certificate of insurance, issued by an insurance company authorized to transact business in Oklahoma, specifying:(A) A product liability policy with a current effective date;(B) The name and model number of the device model covered by the policy;(C) Policy coverage of at least one million dollars ($1,000,000) per occurrence and three million ($3,000,000) in the aggregate;(D) The manufacturer as the insured and the state of Oklahoma as an additional insured;(E) Product liability coverage for defects in manufacture, materials, design, calibration, installation, and operation of the device; and(F) The manufacturer will notify the Board immediately upon notice of cancellation of the product liability policy.(4) Devices shall use fuel cell technology for breath alcohol test or other alcohol-specific sensing technology approved by the Board en banc.(5) Agree to ensure any service performed on a device installed pursuant to an Oklahoma Installation Authority shall be in compliance with all requirements in this title.(6) Agree to ensure proper record keeping and provide testimony relating to any aspect of the installation, service, repair, use, removal, interpretation of any report or information recorded in the data storage system of a device or performance of any other duties required by this title at no cost on behalf of the State of Oklahoma or any political subdivision.(7) Advise the Board whether the device for which certification is being sought in Oklahoma 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 Oklahoma and if or when such action is or has been appealed in the other state and the outcome of the appeal.(8) Upon request of the Board, for each device submitted for certification or certified under this section, agree to install the device with all proposed anti circumvention features activated in a vehicle provided by the Board. Any service performed pursuant to this section, including but not limited to, installation, maintenance, calibration or removal shall be completed at no cost to the Board.(d) The Board may conduct compliance testing on the device submitted for certification, at any time.(e) Certification shall be for only one device. Separate certification is required for devices that differ in any operational aspect.(f) Approved devices shall be recognizable, as such, upon visual inspection.
[Source: Added at 21 Ok Reg 2657, eff 7-11-04; Added at 22 Ok Reg 221, eff 10-27-04 (emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Amended at 24 Ok Reg 287, eff 11-1-06 (emergency); Amended at 24 Ok Reg 2683, eff 6-4-07 (emergency); Amended at 25 Ok Reg 1527, eff 6-12-08; Amended at 27 Ok Reg 2667, eff 8-26-10; Amended at 32 Ok Reg 1536, eff 9-11-15; Amended at 35 Ok Reg 791, eff 9-14-18; Amended at 36 Ok Reg 1520, eff 9-14-19]