§291E-6 Ignition interlock devices; certification. (a) The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E and shall select a single vendor to install and maintain them.
(b) The program shall include standards and procedures for the certification of ignition interlock devices installed pursuant to chapter 291E. At a minimum, the standards shall require that the devices:
(1) Be certified by an independent laboratory to meet or exceed the guidelines published by the National Highway Traffic Safety Administration;
(2) Operate using an alcohol-specific sensor technology;
(3) Employ a digital camera by which a photograph of the person using the device can be incorporated into the electronic record generated by each use of the device;
(4) Require a rolling retest by which the driver must, within a specified period of time or distance driven after starting the vehicle, be retested and found to have an alcohol concentration of less than .02, with a margin of error of .01; and
(5) Generate a record of vehicle usage, including dates and times driven.
(c) The program shall include standards and procedures for the certification of the vendor selected to install and maintain ignition interlock devices pursuant to chapter 291E. At a minimum, the standards shall require that the vendor:
(1) Install only an ignition interlock device that is certified pursuant to this section;
(2) Offer or contract for ignition interlock device installation and maintenance statewide;
(3) Train drivers who are required to install an ignition interlock device, pursuant to chapter 291E, in how to use the device;
(4) Schedule the driver for all necessary readings and maintenance of the device; and
(5) Provide periodic reports regarding the use of each ignition interlock device installed pursuant to chapter 291E, including incidents of test failure, attempts to circumvent the device, and dates, times, and distances the vehicle was driven.
(d) The vendor selected for installation and maintenance of ignition interlock devices pursuant to chapter 291E shall be audited annually by the director of transportation pursuant to this section and the rules adopted thereunder. The director of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.
(e) The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2008, c 171, pt of §2; am L 2009, c 88, § §3, 13, 17(2); am L 2010, c 4, §3 and c 166, §8; am L 2012, c 327, §8]
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291E. Use of Intoxicants While Operating a Vehicle
291E-3 Evidence of intoxication.
291E-4 Convictions and acts prior to January 1, 2002.
291E-5 Ignition interlock user affordability.
291E-6 Ignition interlock devices; certification.
291E-6.5 Continuous alcohol monitoring device; requirement; penalties.
291E-7 Trauma system surcharge.
291E-8 State drug and alcohol toxicology testing laboratory special fund; established.
291E-12 Persons qualified to take blood specimen.
291E-14 Consent of person incapable of refusal not withdrawn.
291E-17 Other evidence not excluded.
291E-18 Test results to be collected.
291E-19 Authorization to establish intoxicant control roadblock programs.
291E-20 Minimum standards for roadblock procedures.
291E-22 Presence of drugs or metabolic products; admissibility.
291E-31 Notice of administrative revocation; effect.
291E-33 Probable cause determination; issuance of notice of administrative revocation; procedures.
291E-34 Notice of administrative revocation; contents.
291E-35 Immediate restoration of license.
291E-36 Documents required to be submitted for administrative review; sworn statements.
291E-37 Administrative review; procedures; decision.
291E-38 Administrative hearing; procedure; decision.
291E-40 Judicial review; procedure.
291E-41 Effective date, conditions, and period of administrative revocation; criteria.
291E-42 Notice to other states.
291E-43 Administrative procedure act.
291E-44.5 Ignition interlock permits; driving for employment.
291E-45 Eligibility for relicensing and reregistration of motor vehicle.
291E-47 Failure to surrender number plates.
291E-48 Special motor vehicle registration.
291E-49 Transferring title to, or ownership interest in, vehicle prohibited; exceptions.
291E-61 Operating a vehicle under the influence of an intoxicant.
291E-61.5 Habitually operating a vehicle under the influence of an intoxicant.
291E-63 Records of suspensions and revocations of operating privileges to be maintained.