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Rules and Regulations

Rules and Regulations for Chapter 375-3-6

375-3-6-.05 Device Certification

(1) To be certified by the Department, an interlock device must meet the following general and technical requirements:

(a) General Requirements.

1. The device shall be manufactured by a party who will provide liability insurance;

2. The device shall be backed by a company that can provide a focal point of responsibility for the maintenance and service of such device.

(b) Technical requirements.

1. The Department, as a condition of certification, shall require proof that the device meets or exceeds model federal standards for alcohol ignition interlock devices as approved by the National Highway Traffic Safety Administration and published in Volume 57, Number 67 of the Federal Register on April 7, 1992 (57 Fed. Reg. 11,772 (1992).

2. The commissioner of the Department may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of the ignition interlock device.

(2) The Department shall maintain a list of manufacturers and the brand name of the devices that have been certified. This list shall be made available to all certified provider centers.

(3) The Department may cancel, suspend or revoke certification of a device, and remove it from the list of certified devices for the following reasons:

(a) Defects in design, materials or workmanship causing repeated failures of a device;

(b) Termination or cancellation of a manufacturer's liability insurance;

(c) When device is discontinued by manufacturer;

(d) Voluntary request by a manufacturer to cancel certification of a device;

(e) When materially false or inaccurate information is provided relating to a device's performance standards;

(f) Assisting certified provider centers or users in circumventing or tampering with a device;

(g) Violations of the provisions contained in the rules and regulations of the Department.

Authority: O.C.G.A. ยง42-8-110, et seq.
Filed Date: 4/18/2006
Effective Date: 5/8/2006