Ignition Interlock Program Stakeholders

“Manufacturer” means a person or an organization that is located in the United States, that is responsible for the design, construction, repair, and actual production of the ignition interlock device and whose device is certified by the Department to offer ignition interlock devices for installation in motor vehicles in this state. The manufacturer is responsible for overseeing any agents or subcontractors, including vendors and distributors, as well as overseeing the manufacturer’s IISP to ensure adherence to all performance standards.

“Ignition Interlock Service Provider” (IISP) means a person who is an authorized representative of a manufacturer and who is under contract with the department to install or oversee the installation of ignition interlock devices by the provider’s authorized agents or subcontractors and to provide services to the public related to ignition interlock devices.  

“Service center” means an established place of business approved by the Department from which an IISP or its agents or subcontractors provide ignition interlock services to persons from one or more counties.

“Technician” means a person who is certified and properly trained by an ignition interlock service provider to install, inspect, repair and remove certified ignition interlock devices.

To help eliminate some confusion and help reduce the numerous extensions that are being requested through our hearing office, I wanted to provide some clarification on missed rolling retests:

• Abort (A customer attempts to blow into the device but does not blow hard enough or long enough) - By definition, this is a missed rolling retest and should be counted as such.
• If the person over age 21 blows between a .020-.079 while driving - This is not a missed rolling retest.
• If the person is not in the vehicle - This can not be considered as a missed rolling retest and may be voided. It is not possible for a customer to pass a test or drive a vehicle when it is not occupied.
  • Please consider this as a possible device malfunction that would require the customer to be placed in early recall. We have seen some devices continue to ask for rolling retests after the vehicle has been turned off. At the time of the early recall service, retraining the customer to not leave the vehicle after starting it is essential to help reduce the additional work for the service centers, reporting staff, and the customer if the vehicle was actually left running and there was no malfunction in the device.
• If the person is sleeping in the vehicle - This will need to be handled case by case.
• Please review valid blows prior to and after the customer falling asleep and validate accordingly. You will need to continue to validate your own extensions and we will use the above standard any time we come across a case or a case is escalated for our review.

We will continue to conduct virtual inspections for all new locations, some of our periodic inspections and most non-compliance follow up inspections. We utilize either Facetime (for Apple devices) or Google Duo (for Android devices) and call the technician directly. Please ensure that all locations are aware of this process and fully cooperate with the periodic on-site inspections in accordance with R17-5-613B. For follow up non-compliant locations, we have changed the compliance time frame to get in compliance before our follow up inspection from 60 days to 30 days.

• “Early recall” means that a person’s ignition interlock device recorded one tampering or circumvention event, or any ignition interlock malfunction, or any four valid reportable violations within a continuous 90-day period, that requires a person to return to a service center within 72 hours
• Add the following to "Immproper reporting” means any of the following: Failure of a manufacturer to electronically send a Certified Ignition Interlock Device Summarized Reporting Record to the Department within 24 hours after installing a CIID; orFailure of a manufacturer to validate any person’s ignition interlock period extension within 10 days; or An Reporting an incident that occurs after the person’s vehicle is turned off.
• “Missed rolling retest” means the person refused or failed to provide a valid and substantiated breath sample while operating the motor vehicle, in response to a requested rolling retest within the time period prescribed in R17-5-615(E). 
• “Real-time” or “real-time reporting” means the instant transmission of unfiltered ignition interlock violations as defined in R17-5-601, and data as prescribed in R17-5-610, including photographs digital images, to the manufacturer’s website for viewing by the Department without delay, as electronic or digital service permits.
• “Reference value” means an alcohol reference solution prepared and tested in a laboratory with a reference value and used to perform an accuracy check of the calibration of a CIID.
• “Set point” means an alcohol concentration of 0.020 g/210 liters of breath. The accuracy of a device shall be 0.020 g/210 liters plus or minus 0.010 g/210 liters. 

• D.    All devices shall meet the setpoint requirements of R17-5-601 when used at ambient temperatures of -20° Celsius to 83° Celsius. and the following requirements:
  • 1.     Be calibrated to have an accuracy within plus or minus 0.005 g/210L of the reference value;
  • 2.     Be calibrated using a known reference value between .020 g/210L and .050 g/210L; and
  • 3.     Be accompanied by a Certificate of Analysis (COA).
•   H.    The camera shall be able to record and store visual evidence of each person providing a breath alcohol test, and shall meet the following requirements:

1.     At device installation, the camera shall take a reference picture of the person, which shall be kept on file;

2.     A clear photograph digital image shall be taken for each event, including initial vehicle start, all rolling retests, and whenever a violation is recorded;

3.     Each photograph digital image shall be a wide-angle view of the front cabin of the vehicle, including the passenger side, to ensure the camera can clearly capture the entire face of the person and any passengers; and

4.        The camera shall produce a digital image, identifiable verification, or a photograph of the person in all lighting conditions, including brightness, darkness, and low light conditions 

• I.      A device shall:
  • 7.        On recording a violation of A.R.S. Title 28, Chapter 4, Article 5 for one instance of tampering or circumvention, or any ignition interlock device malfunction, or any four valid reportable violations within a continuous 90-day period, emit a unique cue, either auditory, visual, or both, to warn a person that an early recall is initiated, requiring the person to return to the IISP in 72 hours for a violation reset.   

• C.    A manufacturer shall submit the following additional items with the application form:
  • 1.     A document that provides a detailed description of the ignition interlock device and a photograph digital image, drawing, or other graphic depiction of the device;  
• D.    Beginning on July 1, 2018, for For any new installation of an a certified ignition interlock device or any replacement of a device on a person’s motor vehicle with another device, an IISP or an IISP-certified technician shall install only a certified ignition interlock device that meets the additional requirements in this Article, and meets or exceeds the test results required by the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30, 2015.
• E.       A person whose CIID was installed prior to July 1, 2018, and the device meets or exceeds the 2013 NHTSA specifications, with the 2015 NHTSA technical corrections, and continues to operate properly, shall keep the CIID on the person’s vehicle. that does not meet all the requirements of Subsection (D) shall return to the person’s IISP by October 1, 2020 to exchange the CIID for a CIID that meets all the requirements of Subsection (D).   

• A.    An application for certification of an ignition interlock device model is complete when the Department receives: 
  • 4.     From the manufacturer, a letter or notification that the device meets the following standards:
    • c.     The constant communication requirement in R17-5-610(P) R17-5-610(O).  

• D.       An IISP shall provide to every person operating a motor vehicle equipped with a CIID, and any other persons who will operate the motor vehicle, training on how to operate the motor vehicle. An IISP shall instruct the person on all of the following: 
  • 11.          What will happen after a person has a set of three consecutive valid and substantiated missed rolling retests within an 18-minute time frame during a drive cycle; and that a person shall not avoid compliance with the rolling retest requirement by turning off a motor vehicle’s ignition; or by keeping the motor vehicle in operation while the vehicle is parked, and leaving the vehicle when a rolling retest is requested; 
• I.      An IISP shall ensure that the manufacturer reports to the Department electronically under R17-5-610 if any evidence of tampering is discovered, and the manufacturer shall submit valid and substantiated proof or evidence of a reportable activity. An IISP shall keep visual evidence of a person’s tampering or circumvention for a minimum of three years after the termination of the person’ person’s required ignition interlock period.
• L.        A n manufacturer shall develop and an IISP shall provide each person a reference and problem solving guide at the time of installation that shall include information on the following: 
  • 1.     Operating a motor vehicle equipped with the CIID;
  • 2.     Cleaning and caring for the CIID; and
  • 3.     Identifying and addressing any vehicle malfunctions or repairs that may affect the CIID.; and
  • 4.     How to properly take a valid and substantiated rolling retest.    
•   O.    A manufacturer shall ensure that the IISP or the IISP-certified technician affixes conspicuously and maintains on each installed CIID the warning label described under subsection (N), which can may be affixed to the device or to the device’s cord.

• D.       Certified ignition interlock device calibration check 
  • 2.     A manufacturer shall submit to the Department the following valid and substantiated proof or evidence of a reportable activity related to a violation, as prescribed in subsection (F), within 10 days by electronic means, which shall include:
    • a.        A summary report stating why the data logger or any other evidence confirms the occurrence of a violation, including any photographs digital images of the person; and 
  • 3.     A manufacturer may submit to the Department the following additional valid and substantiated proof or evidence of a reportable activity related to a violation, as prescribed in subsection (F), if available, within 10 days by electronic means, which may include:
    • a.     Photographs;
    • b.a.  Video recordings;
    • c.b.  Written statements; and
    • d.c.          Any other evidence relevant to a violation.    
•    F.     Reportable activity for a person’s noncompliance with these rules and A.R.S. Title 28, Chapter 4, Article 5, shall be limited to valid and substantiated instances by a person of any of the following transmitted electronically and wirelessly by the manufacturer to the Department in real-time within 24 hours:
  • 1.     Tampering with a CIID as defined in A.R.S. § 28-1301;
  • 2.     Refusing or failing to provide any set of three consecutive valid and substantiated breath samples in response to a requested rolling retest within an 18-minute timeframe time frame during a person’s drive cycle;
• G.      A person shall not avoid compliance with the rolling retest requirement by turning off a motor vehicle’s ignition. or by keeping the motor vehicle operating while the vehicle is parked, and leaving the vehicle when a rolling retest is requested. A missed rolling retest is reportable activity for a person’s noncompliance under subsection (F).
• K.    A manufacturer shall immediately contact the Department if the manufacturer finds that the reported information indicates:
  • 1.     An obvious mechanical failure of a CIID;
  • 2.     Obvious errors in the recorded CIID data that cannot be attributed to a person’s actions; or
  • 3.     Obvious errors in the transmission of CIID data to the Department, including misreported instances of tampering.; or
  • 4.     Submission of an extension of a person’s ignition interlock period or a violation to the Department when a person was not in the vehicle to take the rolling retests.
• P.      All data, including photographs digital images, shall be available to the Department for viewing on the manufacturer’s website within five minutes after the data is recorded on the device, or as soon as electronic or digital reception permits.       

• D.    A manufacturer shall electronically send to the Department, by the 10th day of January, April, July, and October, a quarterly report containing the following information for the previous three months:
  • 1.    The number of CIID’s the IISP currently has in service;
  • 2.    The number of CIID’s installed since the previous quarterly report; and
  • 3.    The number of CIID’s removed by the IISP since the previous quarterly report.; and
  • 4.    Other information required by the Department.

• A.    After notice and an opportunity for a hearing, the Director may impose a civil penalty pursuant to A.R.S. § 28-1465, against a manufacturer of a certified ignition interlock device for improper reporting to the Department of ignition interlock data, as defined in R17-5-601, that may cause the Department to erroneously initiate corrective action against a person. The Director may impose and collect a civil penalty against a manufacturer of a certified ignition interlock device, who is responsible for an occurrence of improper reporting, as follows: 
• B.      The Director, on finding that a manufacturer engaged in improper reporting, shall mail a notice to the manufacturer a notice stating that civil penalties may be imposed for improper reporting. The notice shall: 
•    E.       Action to enforce the collection of a civil penalty assessed under subsection (A) shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in which the hearing is held. If the manufacturer fails to pay the civil penalty within 30 days after the order is final, the director may file an action in the superior court in the county in which the hearing is held to collect the civil penalty.     

• A.      After notice and an opportunity for a hearing, the Director may impose a civil penalty pursuant to A.R.S. § 28-1465, against a manufacturer of a certified ignition interlock device for improper reporting to the Department of ignition interlock data, as defined in R17-5-601, that may cause the Department to erroneously initiate corrective action against a person. The Director may impose and collect a civil penalty against a manufacturer of a certified ignition interlock device, who is responsible for an occurrence of improper reporting, as follows: 
•     B.      The Director, on finding that a manufacturer engaged in improper reporting, shall mail a notice to the manufacturer a notice stating that civil penalties may be imposed for improper reporting. The notice shall: 
•    E.    Action to enforce the collection of a civil penalty assessed under subsection (A) shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in which the hearing is held. If the manufacturer fails to pay the civil penalty within 30 days after the order is final, the director may file an action in the superior court in the county in which the hearing is held to collect the civil penalty.

The interlock time frame now begins once the customer is eligible to reinstate not when they reinstate. This change has essentially taken the fees for reinstatement out of the equation for interlock. The customer will still need to comply with all other statutory requirements to allow their interlock time to begin.

• Updated CIID Pamphlet available. Please use the new one.
• Updated SIIRDL Pamphlet available. Please use the new one.
• Updated Proof of install forms available. Please use the new one.

The interlock time frame now begins once the customer is eligible to reinstate not when they reinstate. This change has essentially taken the fees for reinstatement out of the equation for interlock. The customer will still need to comply with all other statutory requirements to allow their interlock time to begin.

• Updated CIID Pamphlet available. Please use the new one.
• Updated SIIRDL Pamphlet available. Please use the new one.
• Updated Proof of install forms available. Please use the new one.

The new provisions in SB1150 and SB1401, effective July 1, 2018, implemented the following changes:

• Require the IISP to enter into a Contract/Agreement with the department for a term of three years.
• The IISP must maintain at least one readily accessible service center in each county in this state. 
• Each service center must be adequately staffed and equipped to provide all ignition interlock device support services.   
• The IISP must include a business implementation plan that outlines the steps and time frame necessary to become fully operational. 
• The IISP is required to comply with all county and municipal zoning regulations for commercial businesses and provide ADOT with a corresponding business license.  
• New requirements prohibit an ignition interlock service center from providing services for more than one IISP.  
• The IISP must clearly post all fees for installation, removal and inspection. 
• The IISP must collect a fee ($20) for each certified ignition interlock device that is installed by the providers.  The IISP shall remit collected fees to the department on a monthly basis. The CIID must meet or exceed National Highway Traffic Safety Administration standards including the ability to wirelessly transmit and receive information, take a digital image and include the global positioning system location of the device at the time of a requested test (camera, GPS and real-time reporting). 
• The IISPs are required to electronically transmit reports that include driver activity; bypass approval; compliance; client violations; unique identifying numbers for each device; and unique employee numbers identifying the person who installed or removed an ignition interlock device.
• There will no longer be a marking of an interlock requirement on the physical license for first time offenders.