Current through Register Vol. 41, No. 3, September 23, 2024
A. All ignition interlock devices used
pursuant to §§
18.2-270.1
and
46.2-391.01
of the Code of Virginia shall be approved by the commission. The commission
shall maintain a list of approved ignition interlock devices.
B. A service provider seeking to contract
with the commission shall submit:
1. The name
and address of the ignition interlock device manufacturer;
2. The name and model number of the ignition
interlock device; and
3. A detailed
description of the device including drawings, schematics, wiring protocols, and
instructions for its installation and operation.
C. The manufacturer or service provider shall
provide literature promoting its device to the commission and for distribution
to the ASAPs.
D. The manufacturer
or service provider shall provide certification from an independent laboratory
that its ignition interlock device has been tested in accordance with the most
current model specifications published in the Federal Register by the National
Highway Traffic Safety Administration. The manufacturer or service provider is
required to provide a certified affidavit that the ignition interlock device
model complies with all applicable state standards, including written
documentation, current within five years, from either a certified testing
laboratory or a National Highway Traffic Safety Administration testing lab that
the ignition interlock model for which certification is being sought meets or
exceeds the current National Highway Traffic Safety Administration's model
specifications. Included with the certification report should be the name and
location of the testing laboratory, the address and phone number of the testing
laboratory, a description of the tests performed, copies of the data and
results of the testing procedures, and the names and qualifications of the
individuals performing the tests.
E. If a device is submitted for approval by a
service provider other than the manufacturer, the submitting party shall submit
a notarized affidavit from the manufacturer of the device certifying that the
submitting party is an authorized manufacturer's representative.
F. Except where otherwise required in this
chapter, all ignition interlock devices shall meet the model specifications for
Breath Alcohol Ignition Interlock Devices as set forth in the most current
model specifications published in the Federal Register by the National Highway
Traffic Safety Administration and operate reliably over the range of motor
vehicle environments or motor vehicle manufacturing standards. At a minimum,
the following specifications shall be met:
1.
The ignition interlock device shall work accurately and reliably in an
unsupervised environment, at minimal inconvenience to others, and without
impeding the safe operation of the motor vehicle.
2. The ignition interlock device shall be
able to analyze a specimen of alveolar breath for alcohol concentration,
correlate accurately with established measures of blood alcohol concentration,
and be calibrated according to the manufacturer's specifications.
3. The ignition interlock device shall use an
electrochemical fuel cell that reacts to and measures ethanol.
4. The ignition interlock device shall
indicate when a 1.5 L breath sample has been collected and shall indicate this
by audible or visual means. The commission may authorize service providers to
adjust the breath volume requirement to as low as 1.0 L upon receipt of
documentation from a licensed physician verifying the existence of an
applicable medical condition. The physician's documentation shall be submitted
in a format approved by the commission.
5. The ignition interlock device shall detect
and record a BAC that reaches the fail point for all completed breath samples
.
6. The results of the test shall
be noted through the use of green, yellow, and red signals or similar pass/fail
indicators. No digital blood alcohol concentration shall be indicated to the
offender.
7. The ignition interlock
device shall lock out an offender when a BAC reaches the fail point.
8. The ignition interlock device shall have
the ability to continuously flash the vehicle's lights, or other light source
approved by the commission, while simultaneously activating the vehicle's horn
whenever a required rolling retest is missed or failed.
9. The ignition interlock device shall have
the ability to perform a permanent lockout if the offender fails to appear for
a scheduled monitoring appointment within 30 days of the later of the
installation date or most recent calibration date. The service provider shall
provide a code, smart key, or other similar unlock feature that has been
approved by the commission to offenders whose interlock is in a permanent
lockout status. The duration of the time period that the interlock is unlocked
shall not be more than or less than three hours unless otherwise approved by
the commission. The code shall only unlock the interlock device and shall not
disable other interlock features. Interlock service providers shall not provide
an ignition interlock code that disables the ignition interlock features to
persons without first obtaining authorization from the commission.
10. The ignition interlock device shall
automatically purge alcohol before allowing subsequent analyses.
11. The ignition interlock device shall issue
a warning of an impending permanent lockout.
12. The ignition interlock device shall be
capable of random retesting and timed retesting.
13. The ignition interlock device shall warn
the offender of upcoming service appointments for at least five days prior to
the appointment. Should the offender fail to appear, the device shall lock out
on the 31st day after the later of the installation date or previous
calibration date, and the motor vehicle shall not be operable until the service
provider has reset the device.
14.
The internal memory of the ignition interlock device shall be capable of
recording and storing a minimum of 15,000 interlock events and shall enter a
service reminder if the memory reaches 90% of capacity.
15. The ignition interlock device shall be
designed and installed in a manner as to minimize opportunities for tampering,
alteration, bypass, or circumvention. The ignition interlock device shall not
spontaneously bypass the ignition system or starter relay, nor shall it be able
to be made operational by a mechanical means of providing air to simulate
alveolar breath. Bogus breath anti-circumvention features used to pass
laboratory testing of the ignition interlock device shall be turned on. In
addition, service providers shall connect the ignition interlock device to a
constant and uninterrupted power source to further prevent an opportunity to
circumvent the system.
16. The
ignition interlock device shall be capable of recording and providing evidence
of actual or attempted tampering, alteration, bypass, or circumvention.
17. The ignition interlock device
shall operate accurately and reliably at temperatures between -40°C and
85°C.
18. The ignition
interlock device shall operate up to altitudes of 2.5 km above sea
level.
19. The readings of the
ignition interlock device shall not be affected by humidity, dust,
electromagnetic interference, smoke, exhaust fumes, food substance, or normal
automobile vibration when used in accordance with the manufacturer's
instructions.
20. The operation of
the ignition interlock device shall not be affected by normal fluctuations of
power source voltage.
21. The
ignition interlock shall be installed with a fully functional camera that is
equipped to record the date, time, and photo of the vehicle's driver seat upon:
a. The delivery of an accepted breath sample
to the ignition interlock device;
b. A missed retest on the ignition interlock
device; and
c. An initial engine
start of the motor vehicle, within a timeframe established by the commission.
This requirement shall not pertain to motorcycles and
mopeds. In addition, service providers are required to present a reference
photo of the offender to confirm the offender's identity.
G. All ignition
interlock devices that have been approved by the commission shall have affixed
to the ignition interlock handset a warning label with the following language:
"Any person tampering with or attempting to circumvent this
ignition interlock system shall be guilty of a Class 1 misdemeanor and, upon
conviction, be subject to a fine or incarceration or both.
" The cost and supply of the warning labels to be affixed to
the ignition interlock devices shall be borne by the manufacturer or service
provider. The manufacturer or service provider shall submit to the commission a
prototype of the warning label for approval.
H. For initial startup of the motor vehicle:
1. The ignition interlock device shall enable
the starter relay after the successful completion of a breath alcohol
test.
2. The device shall allow an
operator to take up to two minutes after the starter relay is enabled to start
the engine.
3. The ignition
interlock device shall permit a free restart.
4. If the initial test results in a lockout
due to the offender's BAC level, the ignition interlock device shall not allow
an additional attempt for five minutes.
5. If the offender's BAC still reaches the
fail point on the first retest, the machine shall lock out for an additional 10
minutes and shall do so thereafter for subsequent failed retests. A violation
reset message shall instruct the offender to return the ignition interlock
device to the service provider for servicing within five days.
6. If the ignition interlock device is not
reset within five days, a permanent lockout shall occur.
I. A rolling retest feature is required for
all ignition interlock devices. For rolling retests:
1. An ignition interlock device shall require
a rolling retest randomly within 10 to 15 ] minutes after the start of the
motor vehicle and randomly thereafter at least once every 45 to 60 minutes as
long as the motor vehicle is in operation.
2. The ignition interlock device shall
produce a visual and audible signal of the need to produce a breath sample for
the rolling retest and shall be modified as necessary to accommodate operators
who are hearing impaired. The offender shall have 15 minutes to provide the
required rolling retest breath sample.
3. A free restart shall not apply if the
ignition interlock device was awaiting a rolling retest that was not
delivered.
4. A deep lung breath
sample at or above the fail point or a failure to provide a rolling retest deep
lung breath sample within the required time shall activate the motor vehicle's
horn and cause the motor vehicle's headlights, parking lights, emergency
lights, or other light source approved by the commission to flash until the
engine is shut off by the offender or a passing breath test is provided.
5. Once the vehicle has been
turned off, all prestart requirements shall become applicable.
6. The violations reset message shall
instruct the offender to return the ignition interlock device to the service
provider for servicing within five days.
7. If the ignition interlock device is not
reset within five days, a permanent lockout will occur.
J. Additional technical specifications for
the operation and installation of the ignition interlock device may be
described in the contract between the commission and the service
provider.
K. The vendor shall
notify the commission in writing if the approval or certification of a device
that is approved or has been submitted for approval for use in Virginia is or
ever has been denied, withdrawn, suspended, or revoked in another state,
whether the action occurred before or after approval in Virginia. This
notification shall be made in a timely manner, not to exceed 15 days after the
vendor has received notice of the denial, withdrawal, suspension, or revocation
of approval or certification of the device, whether or not the action will or
has been appealed.
Statutory Authority: §
18.2-270.1
and
18.2-270.2
of the Code of Virginia.
