DAR File No. 38196

Public Safety, Driver License

Rule R708-31

Ignition Interlock Systems

Notice of Proposed Rule

(Amendment)

DAR File No.: 38196
Filed: 12/18/2013 04:22:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The language that previously established the impecuniosity fund with the Department of Public Safety was stricken during the 2001 General Legislative session and no longer exists.

Summary of the rule or change:

There was a legislative change that occurred during the 2001 General Legislative Session regarding fees associated with the ignition interlock system. At that time, fees were no longer collected and deposited into a fund for indigent individuals; instead, costs were born by the ignition interlock providers when the court found a person to be impecunious. This rule is being amended to remove language regarding awarding a sole source contract to a vendor to provide ignition interlock systems to individuals based on impecuniosity.

State statutory or constitutional authorization for this rule:

• Section 41-6a-518

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget because the law was amended in 2001 and the procedures for impecuniosity under Section R708-31-5 are obsolete.

local governments:

There are no cost or savings to local government because the law was amended in 2001 and the procedures for impecuniosity under Section R708-31-5 are obsolete.

small businesses:

Small business may have been affected in 2001 when the law changed if the court ruled the individual was impecunious and the ignition interlock provider was required to install an ignition interlock device. However, small business is not affected by this amendment because the law was amended in 2001 and the procedures for impecuniosity under Section R708-31-5 are obsolete.

persons other than small businesses, businesses, or local governmental entities:

Persons other than small businesses, businesses, or local government entities are not affected because the law was amended in 2001 and the procedures for impecuniosity under Section R708-31-5 are obsolete.

Compliance costs for affected persons:

There are no compliance costs for affected persons because the court may find the person impecunious and require the ignition interlock provider to bear the costs associated with the device.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and found no anticipated fiscal impact on businesses.

Keith Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2014

This rule may become effective on:

02/21/2014

Authorized by:

Keith Squires, Commissioner

R708. Public Safety, Driver License.

R708-31. Ignition Interlock Systems.

R708-31-1. Authority.

(1) This rule establishes standards for the certification of ignition interlock systems as required by Section 41-6a-518.

 

R708-31-2. Purpose.

(1) The purpose of this rule is to provide[:

(a)] standards and requirements for certifying ignition interlock systems.

[(b) procedure for supplying an ignition interlock system for those individuals who are impecunious.

]

R708-31-3. Standards.

(1) All vendors who want to certify and provide ignition interlock systems shall:

(a) apply to the Driver License Division of the Department of Public Safety[.];

(b) provide an independent laboratory report showing evidence that their ignition interlock system meets the requirements of NHTSA (Federal Register Vol. 57. No. 67) which is incorporated by reference, and the standards as specified in Section 41-6a-518[.]; and

(c) meet the requirements of Section 4 of this rule in order to be placed on an approved vendor's list.

 

R708-31-4. Requirements.

(1) To be included on an approved vendor's list, each vendor must:

(a) be certified by the Department of Public Safety to operate in Utah[.];

(b) show evidence that there is adequate product liability insurance[.]; and

(c) pay all applicable fees.

 

[R708-31-5. Procedure for Impecuniosity.

(1) The Driver License Division may award a sole source contract to a vendor to provide an ignition interlock system to individuals for whom payment of costs has been waived or deferred on the grounds of impecuniosity.

 

]KEY: ignition interlock systems

Date of Enactment or Last Substantive Amendment: [1994]2014

Notice of Continuation: April 7, 2009

Authorizing, and Implemented or Interpreted Law: 41-6a-518