§ 9-30-8-3 — Standards and specifications; approval of ignition interlock devices; reports; evaluations and recommendations

Indiana § 9-30-8-3

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 30: GENERAL PENALTY PROVISIONS
• Ch. 8: Ignition Interlock Devices

Text

(a) The director of the state department of
toxicology shall adopt rules under IC 4-22-2 to establish standards and
specifications for a certified ignition interlock device. The standards
and specifications must require at a minimum that the device meets the
following requirements:
(1) Is accurate.
(2) Does not impede the safe operation of a vehicle.
(3) Provides a minimum opportunity to be bypassed.
(4) Shows evidence of tampering if tampering is attempted.
(5) Has a label affixed warning a person that tampering with or
misusing the device is a crime and may subject that person to
criminal and civil penalties.
(6) Provides the ability to accurately identify the user.
(b) After July 1, 2015, all ignition interlock devices used in Indiana
must be certified under rules adopted by the state department of
toxicology.
(c) A vendor or provider may submit an application for approval of
an ignition interlock device in a form prescribed by the director of the
state department of toxicology.
(d) If testing is required to determine whether an ignition interlock
device complies with standards set forth by the state department of
toxicology, the testing must be performed by an independent laboratory
designated by the state department of toxicology. The vendor shall pay
any testing expenses under this section.
(e) If the director of the state department of toxicology finds that the
ignition interlock device complies with the standards of the state
department of toxicology, the director may approve the ignition
interlock device as a certified ignition interlock device.
(f) The director of the state department of toxicology shall provide
periodic reports to the criminal justice institute, including, but not
limited to:
(1) the number of ignition interlock devices certified by the state
department of toxicology;
(2) the number of ignition interlock devices currently installed in
Indiana; and
(3) the number of ignition interlock devices rejected by the state
department of toxicology.
(g) The state department of toxicology shall consider all
recommendations made by the criminal justice institute.
(h) The criminal justice institute shall:
(1) evaluate reports submitted by the state department of
toxicology;
(2) evaluate and study ignition interlock issues; and
(3) make recommendations to the state department of toxicology.
[Pre-1991 Recodification Citation: 9-6-8-2.]

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.217-2014, SEC.131; P.L.71-2016, SEC.2; P.L.23-2020, SEC.2.