Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 25.00 - Certification, installation, use and maintenance of ignition interlock devices
Section 25.08 - Lockouts

Universal Citation: 540 MA Code of Regs 540.25

Current through Register 1531, September 27, 2024

(1) A Lockout shall commence for any of the following infractions of the Ignition Interlock Restriction:

(a) Two Failed Start-up Tests within one Service Period;

(b) One Failed Rolling Retest;

(c) One missed Service Visit; and

(d) Two Missed Rolling Retests within one Service Period;

(2) When an infraction of the Ignition Interlock Restriction triggers a Lockout, the operator is immediately notified that a Lockout is in progress and that he or she has 48 hours to bring the vehicle to the Service Provider for inspection. As at all other times, the operator is prohibited from starting the vehicle until his BAC registers.02 or below on the IID; the IID effects this restriction by disabling the vehicle's ignition. If the operator fails to bring the vehicle to the Service Provider for inspection within 48 hours following the triggering of a Lockout, the vehicle's ignition is permanently locked and only the Service Provider is permitted to release it. The operator is responsible for any and all charges associated with getting the vehicle to the Service Provider in a lawful manner, in addition to any reset charges incurred for the Lockout. Lockouts for One Missed Service Visit shall begin on the day following the 30th day of the last service period, and shall immediately result in the vehicle's ignition being permanently locked, with only the Service Provider being permitted to release it.

(3) The Service Provider shall provide immediate notice of any Lockout to the Registrar.

(4) If an IID-restricted operator believes a Lockout is unjustified, he or she may request a hearing with the Registry of Motor Vehicles within 30 days of the Lockout. If the Registrar finds the Lockout was not justified, the Lockout shall be excused.

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