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Ohio Laws and Rules
(A) Each application for certification shall be for only one model or type of ignition interlock device. A manufacturer shall make separate applications for models or types of devices that differ in any operational aspect.
(B) If a manufacturer makes operational modifications to an ignition interlock device that is already certified, the manufacturer shall immediately notify the department of the modifications in writing and include a certified copy of any testing protocols submitted to an independent testing laboratory and the results thereof. The department will then determine whether the current certification applies to the device as modified, or whether the manufacturer must apply for a separate certification.
(C) The director’s certification shall continue until the manufacturer requests the department in writing to discontinue the certification, or until the department informs the manufacturer in writing that the certification is suspended or revoked.
(D) The director may deny, suspend, or revoke the certification of an ignition interlock device for the following reasons:
(1) The device, or modified device, fails to meet the requirements listed in rule 4501-45-03 of the Administrative Code;
(2) The manufacturer’s product liability insurance is canceled or not renewed;
(3) The manufacturer is no longer in the business of manufacturing ignition interlock devices.
HISTORY: Eff 9-6-88 (Emer.); 7-22-90; 8-24-03
Rule promulgated under: RC 119.03
Rule authorized by: RC R.C. 4511.83
Rule amplifies: RC R.C. 4511.83
Replaces: Part of former 4501-45-03
R.C. 119.032 review dates: 08/24/2008
(A) “Ignition interlock device” means a device approved by the director of the department of public safety that connects a breath analyzer to a motor vehicle’s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start that motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to so start the vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person’s breath is below a preset level.
(B) “Manufacturer” means any person engaged in the manufacturing or assembling of ignition interlock devices.
(C) “Person” means every natural person, firm, co-partnership, association, or corporation.
(D) “Director” means the director of the department of public safety.
(E) “NHTSA” means the national highway traffic safety administration.
(F) “Department” means the department of public safety.
HISTORY: Eff 9-6-88 (Emer.); 7-22-90; 8-24-03
Rule promulgated under: RC 119.03
Rule authorized by: RC R.C. 4511.83
Rule amplifies: RC R.C. 4511.83
Replaces: Part of former 4501-45-02
R.C. 119.032 review dates: 08/24/2008
(A) A manufacturer wishing to obtain certification of an ignition interlock device shall submit to the department the following documents:
(1) An application for certification on a format prescribed by the director;
(2) A certificate from an independent testing laboratory indicating that the device meets or exceeds the standards of the “National Highway Traffic Safety Administration (NHTSA), Department of Transportation, as published in Volume 57, No. 67 of the Federal Register on April 7, 1992 (57 F.R. 11772, 1992);”
(3) A complete and certified copy of the testing protocol and the results thereof from the independent testing laboratory.
(B) In addition to the above information, a manufacturer must certify to the department that the ignition interlock device complies with all of the following:
(1) It contains a minimum and maximum calibration range, in accordance with the NHTSA standards referenced in this rule;
(2) It does not impede the safe operation of the vehicle;
(3) It has features that make circumvention difficult and that do not interfere with the normal use of the vehicle;
(4) It correlates well with established measures of alcohol impairment;
(5) It works accurately and reliably in an unsupervised environment;
(6) It is resistant to tampering and shows evidence of tampering if tampering is attempted;
(7) It is difficult to circumvent and requires premeditation to do so;
(8) It minimizes inconvenience to a sober user;
(9) It requires a proper, deep-lung breath sample or other accurate measure of the concentration by weight of alcohol in the breath;
(10) It operates reliably over the range of automobile environments;
(11) It is made by a manufacturer who is covered by product liability insurance.
(C) A manufacturer of an ignition interlock device certified by the department shall provide with each device a warning label containing a notice, printed in at least ten-point boldface type, that any person tampering, circumventing, or otherwise misusing the device is subject to a fine, imprisonment, or both, and may be subject to civil liability. The manufacturer or its designee shall affix this label to the device upon installation in an area most likely to be seen by the user of the device.
HISTORY: Eff 9-6-88 (Emer.); 7-22-90; 8-24-03
Rule promulgated under: RC 119.03
Rule authorized by: RC R.C. 4511.83
Rule amplifies: RC R.C. 4511.83
Replaces: Part of former 4501-45-03, Part of former 4501-45-07, Part of former 4501-45-08
R.C. 119.032 review dates: 08/24/2008
(A) When notified in writing by the originating court, the manufacturer or its designee shall remove the ignition interlock device and return the vehicle to normal operating condition.
(B) The manufacturer or its designee shall report to the originating court any occurrences of automatic lockout and any physical evidence of tampering, circumvention, or attempted tampering or circumvention of the ignition interlock device within four business days after such discovery.
(C) The manufacturer or its designee shall provide to the department copies of any and all operator files and records upon the department’s request.
(D) Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute ignition interlock device shall be installed by the manufacturer or its designee. Under no circumstances shall a vehicle, for which an ignition interlock device has been ordered by a court, be permitted to be driven without the required device.
HISTORY: Eff 9-6-88 (Emer.); 7-22-90; 8-24-03
Rule promulgated under: RC 119.03
Rule authorized by: RC R.C. 4511.83
Rule amplifies: RC R.C. 4511.83
Replaces: Part of former 4501-45-05, Part of former 4501-45-06
R.C. 119.032 review dates: 08/24/2008