2014 Indiana Criminal Code Book - page 87

TRAFFIC CODE
87
(4) Shows evidence of tampering if tam-
pering 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 iden-
tify 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 toxicol-
ogy.
(c) Avendor or provider may submit an appli-
cation for approval of an ignition interlock device
in a form prescribed by the director of the state
department of toxicology.
(d) The director of the state department of
toxicology shall:
(1) have tests conducted concerning the
ignition interlock device with standards
set forth by the state department of toxi-
cology; and
(2) have the results of the tests evaluated
by a person or entity designated by the
state department of toxicology.
(e) The tests required under this section must
be performed by an independent laboratory des-
ignated by the state department of toxicology.
The vendor shall pay any testing expenses under
this section.
(f) 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 igni-
tion interlock device as a certified ignition inter-
lock device.
(g) The director of the state department of
toxicology shall provide periodic reports to the
governor’s council on impaired and dangerous
driving, including, but not limited to:
(1) the number of ignition interlock devices
certified by the state department of toxi-
cology;
(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 toxi-
cology.
(h) The state department of toxicology shall
consider all recommendations made by the gov-
ernor’s council on impaired and dangerous driv-
ing.
(i) The governor’s council on impaired and
dangerous driving shall meet once a year to:
(1) evaluate reports submitted by the state
department of toxicology;
(2) evaluate and study ignition interlock
issues;
(3) make recommendations to the state
department of toxicology; and
(4) make recommendations to the general
assembly in an electronic format under IC
5-14-6.
9-30-8-4. Responsibility of manufacturer.
The calibration and maintenance of an ignition
interlock device that is mandated by a court is the
responsibility of the manufacturer.
9-30-8-5. Condition of license.
If a court orders a person under IC 9-30-5-16
to operate only a vehicle that is equipped with an
ignition interlock device, the bureau shall include
that condition when issuing a license.
9-30-8-6. Reports by vendors.
(a) Avendor or provider whose ignition inter-
lock device is certified under section 3 of this
chapter shall provide a report to the court that
ordered the device or the court’s designee within
two (2) weeks if any of the following occur:
(1) Any attempt to start the vehicle with a
breath alcohol concentration of four hun-
dredths (.04) grams or higher if the person
does not register a test result indicating a
breath alcohol concentration of four hun-
dredths (.04) grams or lower within ten
(10) minutes of the initial test.
(2) Absent a documented failure of the
ignition interlock device, failure to take or
pass any required test.
(3) Failure of the person ordered to use
an ignition interlock device to appear at the
ignition interlock vendor or provider for
maintenance, repair, calibration, monitor-
ing, inspection, or replacement of the igni-
tion interlock device.
(4) Any violation of restrictions imposed
by the court.
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