(1) A manufacturer and its vendors, service center(s), and ignition interlock technicians must take all steps necessary to prevent tampering or physical circumvention of an ignition interlock device. These steps must include:
(a) Special locks, seals, and installation procedures that prevent or record evidence of tampering and/or circumvention attempts;
(b) Installation and/or use of all anticircumvention features required under this chapter;
(c) Breath anticircumvention features such as alternating breath flow, hum tone, breath temperature and any other impaired driving section approved anticircumvention features must be activated during all start up and random breath tests;
(d) Changes in software and ignition interlock device configuration, including anticircumvention features and the Washington state configuration profile will only be administered by the manufacturer.
(2) In addition, a service center or ignition interlock technician will affix to the ignition interlock device a label containing the following notation: "Warning - This ignition interlock device has been installed under the laws of the state of Washington. Attempts to disconnect, tamper with, or circumvent this ignition interlock device may subject you to criminal prosecution. For more information, call (insert manufacturer, vendor or service center's toll free number)."
(3) No owner or employee of a manufacturer, vendor or service center may authorize or employ the use of any procedure which allows a vehicle equipped with a functioning ignition interlock device to start or operate without providing all required breath samples.
(4) Except as provided in WAC
204-50-092, the sale or use of any type of lockout override allowing any user to bypass a lockout condition is prohibited.
(5) All known ignition interlock device circumventions or tampering must be reported to the impaired driving section in an impaired driving section approved electronic format within seven calendar days of determining that an ignition interlock device was circumvented or tampered with.
[Statutory Authority: RCW
46.43.395,
46.37.005, and
46.04.215. WSR 20-09-027, § 204-50-090, filed 4/6/20, effective 5/7/20. Statutory Authority: RCW
43.43.395,
46.37.005, and
46.04.215. WSR 12-17-153, § 204-50-090, filed 8/22/12, effective 10/1/12; WSR 10-24-074, § 204-50-090, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW
46.37.005 and
46.04.215. WSR 09-18-073, § 204-50-090, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW
46.61.688(2). WSR 05-17-065, § 204-50-090, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW
46.04.215 and
46.37.005. WSR 99-01-156, § 204-50-090, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. WSR 88-01-020 (Order 87-05-ESR), § 204-50-090, filed 12/9/87.]