WASHINGTON STATE PATROL

[Filed November 20, 2018, 12:40 p.m.]

Preproposal statement of inquiry was filed as WSR 18-19-060.

Title of Rule and Other Identifying Information: Ignition interlock device.

Hearing Location(s): On December 27, 2018, at 10:00 a.m., at 106 11th Avenue S.W., Room G015B, Olympia, WA 98504.

Date of Intended Adoption: December 28, 2018.

Submit Written Comments to: Kimberly Mathis, Agency Rules Coordinator, 106 11th Avenue S.W., email wsprules@wsp.wa.gov, by December 26, 2018.

Assistance for Persons with Disabilities: Contact Kimberly Mathis, phone 360-596-4017, email wsprules@wsp.wa.gov, by December 26, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates to the following chapter are necessary to cleanup and provide clarification to the existing language to ensure the rules reference and comply with current laws in the state of Washington: WAC 204-50-050 and 204-50-070.

Reasons Supporting Proposal: Updates are to provide clarity and consistency in terms used throughout the chapter and cleanup existing language.

Statutory Authority for Adoption: RCW 43.43.395, 43.37.005, and 46.04.215.

Statute Being Implemented: RCW 43.43.395, 43.37.005, and 46.04.215.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state patrol (WSP), governmental.

Name of Agency Personnel Responsible for Drafting: Kimberly Mathis, Olympia, Washington, 360-596-4017; Implementation and Enforcement: WSP, Ignition Interlock Unit, Seattle, Washington, 206-720-3018.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt pursuant to RCW 34.05.328 (5)(b)(v).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

AMENDATORY SECTION(Amending WSR 12-17-153, filed 8/22/12, effective 10/1/12)

WAC 204-50-050Modifications to a certified ignition interlock device.

(1) A manufacturer shall ((immediately)) notify the impaired driving section, ((in writing, of))not less than thirty calendar days before implementing any material modification of a certified ignition interlock device. A material modification ((is any addition or reduction in features,))includes any software version change((s, configuration profile changes or alteration in the components and/or the))or any addition or reduction in features, components or design of the certified ignition interlock device. ((Written notification of a material modification may be submitted to the impaired driving section in an electronic format approved by the impaired driving section.

(2) A manufacturer must resubmit evidence))(2) The notice must be provided in writing on a form provided by the impaired driving section, and must include verification of compliance with all applicable standards as required in WAC 204-50-040 ((to the impaired driving section within thirty days of notifying the impaired driving section of a material modification))(2)(b)(ii).

(3) Material modification of a certified ignition interlock device may require device testing as determined by the impaired driving section. If the impaired driving section ((will determine if the))determines that the modified device must be submitted for ((recertification))testing, the impaired driving section will notify the manufacturer in writing within fifteen calendar days after receipt of the notice of material modification. If device testing is required, the modification shall not be implemented until the device has been tested and approved.

(4) It will be cause for suspension or revocation of the letter of certification if the manufacturer fails to notify the impaired driving section as required in this section or implements a modification while material modification approval is pending.

AMENDATORY SECTION(Amending WSR 12-17-153, filed 8/22/12, effective 10/1/12)

WAC 204-50-070Variable calibration of an ignition interlock device.

(1) To be certified, an ignition interlock device must be capable of being preset((, by only))by the manufacturer((, at any))to a predetermined fail level from .02 ((through .09 g/210L BrAC ())to, plus or minus .005 ((g/210L BrAC). The actual setting))BrAC. Unless otherwise mandated by the originating court, the fail level of each ignition interlock device((, unless otherwise mandated by the originating court,)) must be ((.025 g/210L))set at .025 BrAC. The capability to change this setting must be made secure((,)) by the manufacturer.

(2) The manufacturer must notify the patrol in writing within seven calendar days of installing an ignition interlock device with a preset fail level other than .025 BrAC.

(3) As used this section, "fail level" means a BrAC of .025 or a level set by the originating court, if lower, at which the ignition interlock device will either prevent the operator from starting the vehicle, or once the vehicle is started, the level below which the operator must record a test to continue operating the vehicle, or both.