Current through Register Vol. 41, No. 3, September 23, 2024
A. Only calibration units (i) found on the
current National Highway Traffic Safety Administration's Conforming Products
List of Calibrating Units for Breath Alcohol Testers or (ii) approved by the
commission shall be used by the service provider to calibrate ignition
interlock devices.
B. The service
provider shall:
1. Provide service and
monitoring of the ignition interlock device at least every 30 days. All
ignition interlock calibrations shall occur at a service provider interlock
service facility unless otherwise approved by the commission;
2. Calibrate the ignition interlock device at
each service appointment using a dry gas or wet bath reference sample. The
service provider shall ensure that dry gas and wet bath reference values are
adjusted in a manner approved by the commission;
3. Calibrate the ignition interlock device
for accuracy by using a wet bath simulator or dry gas alcohol standard with an
alcohol reference value between .030 and .050 g/210L;
4. Expel a three-second purge from the wet
bath simulator or dry gas standard prior to introducing the alcohol reference
sample into the ignition interlock device;
5. Perform an accuracy check that will
consist of two consecutive reference checks with the result of each individual
check being within plus or minus 10% or 0.003, whichever is smaller, of the
alcohol reference value introduced into the ignition interlock device. The time
period between the first and second consecutive accuracy check shall not exceed
five minutes;
6. House and use wet
bath simulators in environmentally stable, temperature controlled settings. Wet
bath simulators shall contain mercury-in-glass thermometers or digital
thermometers. The thermometers shall read 34°C, plus or minus 0.2°C,
during analysis and be certified annually using a National Institute of
Standards and Technology traceable digital reference thermometer. In addition,
the service provider shall use alcohol reference solutions prepared and tested
in a laboratory with reference values traceable to the National Institute of
Standards and Technology. The 500-ml bottles containing simulator solution
shall be tamper proof and labeled with the lot or batch number, value of the
reference sample in g/210L, and date of preparation or expiration. Alcohol
reference solutions must be used prior to expiration and within one year from
the date of preparation. In addition, wet bath simulator solutions shall be
replaced every 30 days or prior to every 30th test, whichever occurs first. A
sticker shall be placed on the wet bath simulator indicating the date of the
most recent simulator solution replacement. In addition, a written logbook or
electronic database recording the date and result of each simulator test shall
be maintained on site;
7. Store dry
gas alcohol standard tanks in a manner consistent with the gas manufacturer's
specifications. The dry gas tanks shall have a label attached that contains the
components and concentration of the reference value of the gas, an expiration
date that shall not be longer than three years from the date of preparation,
and the lot or batch number. Dry gas alcohol standards must be certified to a
known reference value and be traceable to the National Institute of Standards
and Technology. The reference value shall be adjusted for changes in elevation
and pressure. Interlock service vendors shall possess a certificate of analysis
from the dry gas standard manufacturer. Dry gas tanks shall be secured in a
manner as to prevent harm to the public;
8. Retrieve data from the ignition interlock
device data log for the previous period and electronically submit it to the
ASAP within 24 hours of calibration;
9. Record the odometer reading of the
vehicle;
10. Check the ignition
interlock device and wiring for signs of circumvention or tampering and
electronically report violations to ASAP within the required timeframe
established by the commission;
11.
Collect the monthly monitoring fee from the offender. If an offender who has
not been declared to be indigent by the court is three or more months
delinquent in payments, the service provider may, in its discretion, refuse to
provide calibration services, but shall not remove the ignition interlock
device without authorization from the commission. Offenders with an outstanding
balance with any Virginia-approved ignition interlock service provider shall
not be permitted to install an interlock device with another ignition interlock
service provider;
12. Verify that
the offender has a photo identification prior to calibrating the ignition
interlock device if photo identification was not already presented at the time
of installation; and
13. Conform to
other calibration requirements established by the commission, as applicable.
C. All malfunctions of
the ignition interlock device shall be repaired or the ignition interlock
device replaced by the service provider within 48 hours at no additional
expense to the offender. If it is shown that the malfunction is due to damage
to the device as a result of mistreatment or improper use, the offender shall
be responsible for applicable repair fees.
D. A certified technician shall be available
at the service center during specified hours to answer questions and to deal
with mechanical concerns that may arise with a motor vehicle as a result of the
ignition interlock device.
E. The
ignition interlock device shall record, at a minimum, the following data:
1. The time and date of failed breath
tests;
2. The time and date of
passed breath tests;
3. The breath
alcohol level of all tests; [ and ]
4. The time and date of attempts to tamper or
circumvent the ignition interlock device
F. At the time of device calibration, a
service provider may charge a monthly monitoring fee. The maximum permissible
cost for monitoring and calibration shall be set by the commission through the
ignition interlock regulations, and service providers shall not be permitted to
exceed the maximum fee established by the commission. A portion of these fees
shall include costs for administrative support and offender indigency funds. In
addition to the maximum fee permitted, service providers may collect applicable
taxes and charge for optional insurance to cover device theft and accidental
damage. Fees for the first monthly monitoring and calibration visit will be
collected from the user in advance at the time of installation and monthly
thereafter when services are rendered.
Statutory Authority: §
18.2-270.1
and
18.2-270.2
of the Code of Virginia.
