§ 39:4-50.21 Rules and regulations; consistency with federal model
39:4-50.21. Rules and regulations; consistency with federal model
Pursuant to the “Administrative Procedure Act,” P .L.1968, c. 410 (C.52:14B-1 et seq.), the division shall promulgate rules and regulations for the installation and use of ignition interlock devices. These regulations shall be consistent with the federal model specifications for ignition interlock devices issued by the National Highway Traffic Safety Administration. They shall include, but not be limited to, the following:
a. requiring that the ignition interlock system selected shall:
(1) not impede the safe operation of the vehicle;
(2) incorporate features that make circumvention difficult and that do not interfere with the normal use of the vehicle;
(3) correlate closely with established measures of alcohol impairment;
(4) operate accurately and reliably in an unsupervised environment;
(5) resist tampering and give evidence when tampering is attempted;
(6) be difficult to circumvent and require premeditation to do so;
(7) require a deep lung breath sample as a measure of blood alcohol concentration equivalence;
(8) operate reliably over the range of automobile environments; and
(9) be manufactured by a party who will provide liability insurance.
b. designating the facilities where ignition interlock devices may be installed;
c. establishing guidelines for the proper use of ignition interlock devices; and
d. establishing guidelines for the provision of ignition interlock devices at reduced rates to persons who, according to standards specified by the division, qualify as indigent.
The director may adopt at his discretion, in whole or in part, the guidelines, rules, regulations, studies, or independent laboratory tests performed on and relied upon in the certification of ignition interlock devices by other states, their agencies or commissions.