ARS 28-1462. Ignition interlock device certification; installer bonds

-In order for a company to have certified ignition interlock devices they must comply with the rules adopted by the department of public safety.  In addition, the company is required to submit a bond valued at at least $25,000 to insure those required to install the ignition interlock device.  The department of public safety publishes a list of certified ignition interlock devices.  At any point in time, if a person is found to tamper with, circumvent or otherwise mis-use the ignition interlock device, they are guilty of a class one (1) misdemeanor.

A. After consulting with the director of the department of public safety, the assistant director for the motor vehicle division of the department of transportation shall:

1. Certify ignition interlock devices.

2. Publish a list of certified ignition interlock devices that includes information about the manufacturers of the devices and where the devices may be ordered.

3. Make the list available to the courts and probation departments without charge.

B. The assistant director shall adopt rules prescribing the requirements for certification of an ignition interlock device. These rules shall include:

1. The procedure for certification of ignition interlock devices.

2. Provisions to ensure the reliability of the ignition interlock device over the range of motor vehicle environments.

3. Provisions to ensure that the ignition interlock device works accurately in an unsupervised environment.

C. The assistant director shall not certify an ignition interlock device unless all of the following are satisfied:

1. The device requires a deep-lung breath sample or another accurate measure of the concentration by weight of alcohol in the breath.

2. The device is made by a manufacturer that is covered by product liability insurance.

3. The manufacturer of the device indemnifies this state against any liability that may result from the use of the device.

D. The assistant director may adopt, in whole or in part, the guidelines, rules, regulations, studies or independent laboratory tests performed and relied on by other states or agencies or commissions of other states in the certification or approval of ignition interlock devices.

E. Each installer of a certified ignition interlock device shall submit to the department a bond in a form to be approved by the assistant director and in an amount of at least twenty-five thousand dollars. The bond inures to the benefit of any person who is ordered or required to equip a motor vehicle with an ignition interlock device pursuant to article 3 of this chapter or section 28-3319 and who suffers a loss because of either of the following:

1. Insolvency or discontinuance of business of the installer of the device.

2. Failure of the installer or agent of the installer to comply with any rule adopted pursuant to this section.

F. The assistant director shall adopt a warning label design to be affixed to each certified ignition interlock device on installation. The label shall contain a warning that a person tampering with, circumventing or otherwise misusing the ignition interlock device is guilty of a class 1 misdemeanor.

G. After consultation with the director of the department of public safety, the assistant director may include information the assistant director deems necessary in the notice prescribed in section 28-3318 regarding certified ignition interlock devices.