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11.13.10.00.htm 11.13.10.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 13 MOTOR VEHICLE ADMINISTRATION ― VEHICLE EQUIPMENT Chapter 10 Ignition Interlock Systems Authority: Transportation Article, §12-104(b) 16-404.1, and 21-902.2, Annotated Code of Maryland
11.13.10.01.htm 11.13.10.01. 01 Scope.. A. The purpose of this chapter is to establish regulations for the certification, installation, repair, and removal of ignition interlock systems in Maryland and to establish eligibility requirements for participants and minimum standards for service providers under the Maryland Ignition Interlock Program.B. The Administration shall:. 1) Establish standards for the calibration, maintenance, and service of ignition interlock devices by the manufacturer or ser
11.13.10.02.htm 11.13.10.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Motor Vehicle Administration.. 2) "Administrator" means the Administrator of the Motor Vehicle Administration.. 3) "Alcohol" means the generic class of organic compounds known as alcohols and, specifically, the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied t
11.13.10.02-1.htm 11.13.10.02-1. 02-1 Incorporation by Reference.. A. The National Highway Traffic Safety Administration (NHTSA) Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID) 57 FR 11772 (1992) as amended, are incorporated by reference as the specifications ignition interlock devices must meet under this chapter.B. The Administration shall provide notice and a reasonable implementation period to develop a transition and implementation plan for the approval and use of BAIIDs when new N
11.13.10.03.htm 11.13.10.03. 03 Manufacturer's Application.. A. A manufacturer seeking certification of ignition interlock devices shall apply for certification on a form or in a format prescribed by the Administration and shall certify that its ignition interlock devices:1) Do not impede the safe operation of the vehicle;. 2) Minimize opportunities to be bypassed;. 3) Correlate accurately with established measures of blood alcohol levels;. 4) Work accurately and reliably in an unsupervised environment;.
11.13.10.04.htm 11.13.10.04. 04 Guidelines.. A. Correlation.. 1) The ignition interlock device shall correlate with an alcohol concentration recommended under the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter with the accuracy provided for in these specifications, but may not be higher than 0.025 percent.2) A correlation coefficient of 0.90 is considered reliable. Ninety times out of 100, the ignition interlock device shall respond to, detect, and inte
11.13.10.05.htm 11.13.10.05. 05 Product Liability.. A. The manufacturer of the device shall carry product liability insurance with minimum liability limits of 1 million dollars per occurrence, with 3 million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days' notice will
11.13.10.06.htm 11.13.10.06. 06 Warranty.. The manufacturer shall guarantee performance and provide support for service within 48 hours after notification of complaint. This support shall be effective for the duration of the probationary period under which the device is required to be installed in the vehicle.
11.13.10.07.htm 11.13.10.07. 07 Warning Label.. The manufacturer shall affix to each device a warning label containing the following language: "A person tampering with, circumventing, or otherwise misusing this Ignition Interlock System is guilty of a misdemeanor, and, on conviction, is subject to a fine or imprisonment or both.
11.13.10.08.htm 11.13.10.08. 08 Installation Standards.. A. The manufacturer of the device is responsible for ensuring proper installation procedures to include, but not to be limited to, the following:1) Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;2) Customers or other unauthorized persons may not be allowed to watch the installation of the device;3) Adequate security measures shall be taken to prevent unauthorized persons from accessing secured
11.13.10.09.htm 11.13.10.09. 09 Periodic Inspections.. A. At the time of device installation, the device shall be checked to make sure that it is functioning properly and accurately. Self-diagnostic features shall also be checked.B. Tamper inspections shall be conducted at any time that the device is given routine inspection, maintenance, or repair. Tamper inspections shall include the following:1) Inspect all external wiring insulation, connections, and sheathing for the device and where the d
11.13.10.10.htm 11.13.10.10. 10 User Orientation and Support.. A. The vehicle operator shall be provided:. 1) Written instructions on how to clean and care for the device;. 2) Written instructions on what type of vehicle malfunctions or repairs may affect the device, and what to do when such repairs are necessary;3) Written notice about how the device may be affected by high altitudes;. 4) Written notice about the requirement that the vehicle operator must remain in clear view of the camera at all times while
11.13.10.11.htm 11.13.10.11. 11 Personnel Requirements.. The manufacturer shall be responsible for device installation, user training, service, and maintenance. The following apply:A. Installers shall have the training and skills necessary to install, troubleshoot, and check for proper operation of the device, and to screen the vehicle for acceptable conditions.B. Personnel who install, calibrate, perform tamper inspections, or perform reporting duties, or all of these, may not have been convicted of a crime
11.13.10.12.htm 11.13.10.12. 12 Facility Requirements.. A. Facilities, which may include mobile or satellite units, where interlock devices are installed, serviced, monitored, or removed shall:1) Be in an area where customers are not allowed to watch the installation, calibration, or removal of a device;2) Be open during normal business hours with after hours service capability;. 3) Be established to service the geographical location and volume of individuals who qualify for and are admitted into the program;
11.13.10.13.htm 11.13.10.13. 13 Testing Procedure for Certification.. A. Testing shall be performed under the specifications set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter by an entity approved by the Administration for the purpose of establishing the accuracy and reliability of candidate breath test ignition interlock devices.B. Results of Tests. As a prerequisite to certification, the manufacturer shall submit a notarized l
11.13.10.14.htm 11.13.10.14. 14 Reports Required by Manufacturer.. A. The manufacturer shall provide to the Administration:. 1) Annually, a certified statement that the manufacturing of the model or type of device originally certified has not been modified or altered in any way to require laboratory retesting;2) Annually, a summary of all complaints received and corrective action taken by the manufacturer for each model or type of certified device;3) Semiannually, a report that the ignition interl
11.13.10.15.htm 11.13.10.15. 15 Fees For Certification.. Approved testing laboratories may have fees associated with their work in the testing of the device and shall be paid directly by the manufacturer. All other costs of obtaining certification of an ignition interlock device shall be paid by the manufacturer of the device to the Administration.
11.13.10.16.htm 11.13.10.16. 16 Removal of the Device.. A. When notified in writing by the originating court or the Administration, the approved service provider shall remove the device and return the vehicle to normal operating condition. All severed wires shall be permanently reconnected and insulated with heat shrink tubing or its equivalent.B. Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be used. A participant's vehicle may not b
11.13.10.17.htm 11.13.10.17. 17 Revocation of Approval of Ignition Interlock Devices.. A. The Administration may revoke approval of a device, and remove it from the list of acceptable devices, upon any of the following grounds:1) Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;2) Termination of manufacturer's liability insurance;. 3) Notification that the manufacturer is no longer in business;.
11.13.10.18.htm 11.13.10.18. 18 Exemption.. An ignition interlock device certified and installed before October 1, 2019, may continue to be used until the earliest of:A. The expiration of the original term of the court order;. B. The expiration of the Administration's required term for the device installation; or. C. The customer’s reentry into the Ignition Interlock System Program if the Motor Vehicle Administration allows an individual to reenter the Program after a period of 30 days from the date of removal
11.13.10.19.htm 11.13.10.19. 19 Repealed..
11.13.10.20.htm 11.13.10.20. 20 Service Providers.. A. Service providers who service, install, monitor, calibrate, and provide information on ignition interlock systems shall:1) Apply to the Administration for certification as an approved service provider;. 2) Demonstrate that the service provider is able to competently service, install, monitor, calibrate, and provide information on ignition interlock systems;3) Be certified by a signed affidavit from the manufacturer that the service provider has been train
11.13.10.9999.htm 11.13.10.9999. Administrative History Effective date:. Regulations .01―18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487) adopted permanently effective May 29, 1989 (16:10 Md. R. 1109) ―Chapter revised effective October 4, 1999 (26:20 Md. R. 1547). Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815). Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958). Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409).
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