§ 27-108. Ignition interlock system -- Certification; regulations; sale or lease; monitoring use; reports

   (a) Certification; regulations. --

   (1) The Administration shall certify or cause to be certified ignition interlock systems for use in the State and adopt rules and regulations for the certification of the ignition interlock systems.

   (2) The regulations adopted under paragraph (1) of this subsection shall include requirements that ignition interlock systems:

      (i) Do not impede the safe operation of the vehicle;

      (ii) Minimize opportunities to be bypassed;

      (iii) Correlate accurately with established measures of blood alcohol levels;

      (iv) Work accurately and reliably in an unsupervised environment;

      (v) Require a proper and accurate measure of blood alcohol levels;

      (vi) Are installed in a tamper proof manner and provide evidence of attempted tampering;

      (vii) Are difficult to circumvent, and require premeditation to circumvent;

      (viii) Minimize inconvenience to a sober user;

      (ix) Are manufactured by a party responsible for installation, user training, service, and maintenance;

      (x) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;

      (xi) Are manufactured by a person who is adequately insured for products liability;

      (xii) Provide the option for an electronic log of the driver's experience with the system; and

      (xiii) Are certified by a qualified laboratory approved by the Administration.

   (3) (i) The Administration shall design and adopt a warning label to be affixed to an ignition interlock system on installation.

      (ii) The warning label shall state that a person tampering with, circumventing, or otherwise misusing the ignition interlock system is guilty of a misdemeanor, and, on conviction, is subject to a fine or imprisonment or both.

   (4) (i) The Administration shall publish a list of certified ignition interlock systems.

      (ii) A manufacturer of an ignition interlock system that seeks to sell or lease the ignition interlock system to persons subject to the provisions of § 27-107 of this title in the State shall pay the costs of obtaining the required certification.

(b) Sale or lease -- Certification required; warning labels. -- A person may not sell or lease or offer to sell or lease an ignition interlock system to a person subject to the provisions of § 27-107 of this title in the State unless:

   (1) The system has been certified by the Administration; and

   (2) A warning label approved by the Administration is affixed to the system stating that a person who tampers, circumvents, or otherwise misuses the system is guilty of a misdemeanor, and, on conviction, is subject to a fine or imprisonment or both.

(c) Sale or lease -- Monitoring use of system; reports. -- A person who sells or leases an ignition interlock system in the State shall:

   (1) Monitor the use of the system as required by the court; and

   (2) Issue a report of the results of the monitoring to the appropriate office of the Division of Parole and Probation.

(d) Minimum standards. -- The Administration shall adopt regulations establishing minimum standards for the certification of an approved service provider, including:

   (1) The minimum qualifications described under § 16-404.1 of this article; and

   (2) A requirement that an approved service provider shall maintain service and installation records and provide these records for inspection on the request of the Administration.

HISTORY: 1988, chs. 252, 253; 1998, ch. 526; 1999, ch. 34, § 1; 2008, ch. 36, § 6.