Preproposal statement of inquiry was filed as WSR 05-08-116.
Title of Rule and Other Identifying Information: Chapter 240-50 WAC, Ignition interlock breath alcohol devices.
Hearing Location(s): General Administration Building, Commercial Vehicle Division Conference Room, 210 11th Avenue S.W., Olympia, WA 98504, on Wednesday, July 13, 2005, at 10:00 a.m.
Date of Intended Adoption: August 2, 2005.
Submit Written Comments to: Ms. Christine Fox, Equipment and Standards Review Unit, P.O. Box 42614, Olympia, WA 98504-2614, e-mail Christine.Fox@wsp.wa.gov, fax (360) 586-8233, by July 5, 2005.
Assistance for Persons with Disabilities: Contact Ms. Christine Fox by July 5, 2005, (360) 753-3697.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This WAC has not been updated since the original language was adopted in December 1998, and it is necessary to make changes to stay current with technological advances.
Statutory Authority for Adoption: RCW 46.04.215.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: , governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ms. Christine Fox, General Administration Building, P.O. Box 42614, Olympia, WA 98504-2614, (360) 753-3697.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed additions and amendments will align the device specifications with federal recommendations and with current industry standards, which manufacturers are already meeting.
A cost-benefit analysis is not required under RCW 34.05.328. There will be not cost to the industry within Washington state. However, if they choose to replace current devices with newer technology, they may incur costs associated with the laboratory conducting the device certification tests.
May 25, 2005
John R. Batiste
AMENDATORY SECTION(Amending WSR 99-01-156, filed 12/23/98, effective 1/1/99)
WAC 204-50-030 Definitions ((
for words or terms used in
The following definitions shall apply
throughout this chapter:
Alcohol - The generic class of organic compounds known as alcohols and, specifically the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be specifically for ethyl alcohol.
Approved)) Authorized service provider (ASP) - The
person or company (( who is approved by ESR)) meeting all
qualifications outlined throughout this chapter and approved
and trained by the manufacturer to service, install, monitor,
calibrate, and provide information on (( a)) manufacturer's
devices (( based on certification to ESR by the manufacturer
that the person or company is qualified and is properly
trained to provide these services)) currently certified for
use in Washington state.
Bogus sample - Any air sample that is altered, diluted, stored, or filtered human breath, or which is obtained from an air compressor, hot air dryer, balloon, manual air pump, or other mechanical device, and is provided by an individual attempting to start or continue to operate a vehicle equipped with a device.
Ignition interlock device (IID) - An electronic device that is installed in a vehicle which requires the taking of a BAC test prior to the starting of the vehicle and at periodic intervals after the engine has been started. If the unit detects a BAC test result below the alcohol setpoint, the unit will allow the vehicle's ignition switch to start the engine. If the unit detects a BAC test result above the alcohol setpoint, the vehicle will be prohibited from starting.
Breath or blood alcohol concentration (BAC) - ((
chapter means)) Is the amount of alcohol in a person's blood
or breath determined by chemical analysis, which shall be
measured by grams of alcohol per:
(a) 100 milliliters of blood; or
(b) 210 liters of breath.
Circumvention - Means the attempted or successful bypass of the proper functioning of an ignition interlock device including, but not limited to, the operation of a vehicle without a properly functioning device, the push start of a vehicle with the device, disconnection or alteration of the device, the introduction of a bogus sample other than a deep-lung sample from the driver of the vehicle, introduction of an intentionally contaminated or altered breath sample, continued operation of the interlock vehicle after the device detects excess breath alcohol.
Court (or originating court) - The particular Washington
state court that has required the use of an ignition interlock
breath alcohol)) device by a particular individual or has
responsibility for the preconviction or postconviction
supervision of an individual required to use or using the
Certification - The testing and approval process required by RCW 46.04.215.
Chief - The chief of the Washington state patrol.
Device - An ignition interlock breath alcohol device (IID).
DOL - The department of licensing of the state of Washington.
ESR - The equipment and standards review ((
of the Washington state patrol.
Interlock - The state in which a motor vehicle is
prevented from starting by a device.)) Fail level - The BAC of
.025 or a level set by the originating court, at which the
device will prevent the operator from starting the vehicle,
and/or once the vehicle is started, the level at which the
operator must record a test below, or must shut off the
vehicle, to avoid registering a violation reset.
Lessee - A person who has entered into an agreement with
a manufacturer or ((
approved)) authorized service provider to
lease a device.
Manufacturer - The person, company, or corporation who
produces the device, and ((
who)) certifies to ESR that a
service provider is qualified to (( become approved by ESR to))
service, install, monitor, calibrate, and provide information
OAC - Office of the administrator of the court.
Restricted operator - A person whose ((
driving privileges (( is)) are restricted to operating only
motor vehicles equipped with an approved, functioning
(( ignition interlock device or other approved, functioning
biological or technical device)) IID.
Tampering - Any act or attempt to disable or circumvent the legal operation of an IID.
Violation reset - The condition caused by the failure of
the operator of ((
the)) a vehicle(( s)) to perform a test or
retest as required, or by the operator's inability to achieve
such test or retest results at (( a level lower than)) the
lower of the maximum allowable alcohol concentration as set by
the originating court or .025 BAC, the device and the vehicle
in which it is installed must be returned to the manufacturer
or (( approved)) authorized service provider to be reset.
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-030, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-030, filed 12/9/87.]
To be certified, a device must meet or exceed the minimum test standards in sections one and two of the model specifications for breath alcohol ignition interlock devices (BAIID) as published in the Federal Register, Volume 57, Number 67, Tuesday, April 7, 1992, on pages 11774 - 11787. Only a notarized statement, from a laboratory capable of performing the tests specified, will be accepted as proof of meeting or exceeding the standards. The notarized statement shall include the name and signature of the person in charge of the tests under the following sentence:
Upon receipt of a statement from a testing laboratory
that two samples of a device have successfully passed the test
procedures listed in this chapter, and confirmation that all
other requirements of this chapter have been met, the chief
shall)) may issue a letter of certification for the device.
Revocation or surrender of certification.
The letter of certification shall be valid until voluntarily surrendered by the manufacturer or until revoked by the chief for cause. Reasons for revocation include but are not limited to:
(1) Evidence of repeated device failures due to gross defects in design, materials, and/or workmanship during manufacture, installation, monitoring, or calibration of the device such that the standards for accuracy and reliability of the devices for which the devices were tested are not being met (as determined by ESR);
(2) Evidence that the features and functionality of a
manufacturer's devices are not being programmed properly by
approved service provider)) ASP(s) or are being circumvented
by lessees such that the standards for anticircumvention for
which the devices were tested are not being met;
(3) Any violation on the part of the manufacturer(s) or
approved service provider)) ASP(s) of any of the laws or
regulations related to the installation, servicing,
monitoring, and calibration of devices, including, but not
limited to, "other provisions" listed in WAC 204-50-120;
(4) Notice of cancellation of manufacturer's and/or
approved service provider's)) ASP's required liability
insurance is received;
(5) Notification that the manufacturer is no longer in business.
(6) Notification that material modification or alteration in the components and/or the design of the certified device is not provided or the recertification process is not completed as outlined in WAC 204-50-050.
(7) Unless necessary for the immediate good and welfare
of the public, revocation shall be effective ((
days (( after manufacturer's receipt of notice, which shall be
sent)) from the date of the letter sent to the manufacturer
via certified mail, return receipt requested. A copy of each
notice of revocation shall be provided to the (( originating
court)) the director of the DOL and to the OAC for the state
of Washington. The manufacturer's device(s) will be removed
from the list of certified devices on the WSP website.
(6))) (8) Upon voluntary surrender, or revocation of a
letter of certification for a manufacturer's device, all like
devices shall be removed and replaced by a certified device,
(( not later than the end of the current calibration period))
within sixty-five days of the effective date of such surrender
(7) A manufacturer whose letter of certification has
been revoked may request a review of revocation by submitting
the request in writing to the chief within twenty days of
receipt of notice of revocation.
(8) The ESR shall maintain a file of all current, revoked, and voluntarily surrendered letters of certification.)) (9) The ESR shall maintain a file of all current, revoked, and voluntarily surrendered letters of certification for the period of time as outlined in the WSP records retention schedule.
Review for recertification.
A manufacturer whose letter of certification has been revoked may request a review of revocation by submitting the request in writing to the chief within thirty days from the date on the revocation letter. The request must be made in writing and mailed to WSP ESR Unit, P.O. Box 42614, Olympia, WA 98504-2614.
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-040, filed 12/23/98, effective 1/1/99. Statutory Authority: RCW 46.20.730. 88-15-050 (Order 88-04-ESR), § 204-50-040, filed 7/18/88. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-040, filed 12/9/87.]
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-050, filed 12/23/98, effective 1/1/99. Statutory Authority: RCW 46.20.730. 88-15-050 (Order 88-04-ESR), § 204-50-050, filed 7/18/88. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-050, filed 12/9/87.]
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-070, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-070, filed 12/9/87.]
Examination shall include a physical inspection of
the device, and its wiring, and the vehicle and its wiring for
evidence of tampering or circumvention. Notation shall also
be made of the vehicle's odometer reading.
(3))) The device must be calibrated for accuracy
according to the manufacturer's procedures. All data
contained in the device's memory must be downloaded ((
format from which the required reports can be generated.
(4))) and the manufacturer and/or ((
provider)) the ASP shall make a hard copy or electronic
equivalent of the client data and the results of each
examination. Any evidence of noncompliance, violations, or
signs of tampering or circumvention shall be reported (( to the
originating court)) as requested by and in a format acceptable
to the originating court and/or DOL. All information obtained
as a result of each inspection shall be retained by the
manufacturer or approved service provider for two years from
the date the device is removed from the vehicle.
(5))) (3) Any ASP offering a mail-in program to their
customers must have approval from ESR. To obtain approval
the ASP must submit procedures outlining how the mail-in
program will work. ASP must also provide the customer with
written instructions on how to utilize the mail-in program. A
mail-in program does not eliminate or take the place of any
requirements outlined in WAC 204-50-120.
(4) The manufacturer and/or ((
approved service provider))
ASP must provide(( ,)) upon request (( of)), additional reports
in a format acceptable to and at no cost to DOL and/or the
originating court(( , additional reports which may include, but
are not limited to, the following: Proof of installation,
removal, transfer of vehicle, vehicle information, compliance
reporting, statements of charges and payments, service calls,
lessee error of operation, device failure, faulty automotive
equipment, and lessee demographic information. Such reports
must be supplied in a format acceptable to the originating
court, and at no cost to the originating court)).
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-080, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-080, filed 12/9/87.]
(1) Special locks, seals, and installation procedures that prevent or record evidence of tampering and/or circumvention attempts.
(2) In addition, the approved service provider will affix
to the device a label containing the following notation:
"Warning - This device has been installed under ((
order)) the laws of the state of Washington. Attempts to
disconnect, tamper with, or circumvent this device may subject
you to criminal prosecution. For more information, call
(insert manufacturer's or approved service provider's toll
(3) No owner or employee of a manufacturer of ASP may authorize or assist with the disconnection of a device, or enable the use of any "emergency bypass" mechanism or any other "bypass" procedure that allows a person restricted to use the vehicle equipped with a functioning ignition interlock, to start or operate a vehicle without providing all required breath samples. Doing so may subject the person to criminal prosecution under RCW 46.20.750 and may cause the revocation of a manufacturer's certification under WAC 204-50-040.
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-090, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-090, filed 12/9/87.]
(1) The device shall be designed to permit a "restart" within two minutes of a stall or when the ignition has been turned off.
(2) The device shall automatically and completely purge residual alcohol before allowing subsequent tests.
(3) The device shall be installed in such a manner that it will not interfere with the normal operation of the vehicle after it has been started.
(4) Each device shall be provided with an ample supply of disposable mouth pieces designed to minimize the introduction of saliva into the device.
(5) Each device shall be uniquely serial numbered. Along
with any other information ((
requested)) required by DOL or by
an originating court, all reports to DOL or to an originating
court concerning a particular device shall include the name,
address, and driver's license number of the lessee, (( the name
of the originating court,)) and the unique number of the
device. The name, address, telephone number (toll free(( , if
not a local call from the originating court))), and contact
person of the manufacturer or approved service provider
furnishing such report shall also be included as part of the
(6) Each device shall record each time the vehicle is
started, the results of the test, how long the vehicle was
operated, and any ((
indiction)) indication of bypassing or
(( tempering)) tampering with the device.
(7) Each device shall require the operator of the vehicle
to submit to a retest within ten minutes of starting the
vehicle. Retesting shall continue at intervals not to exceed
sixty minutes after the first retest. The device shall be
equipped with a method of immediately notifying peace officers
if the required retest(s) above is not performed, or if the
result of the retest exceeds the lower of .025 BAC or the
alcohol concentration as prescribed by the originating court.
Examples of acceptable forms of notification are repeated
honking of the vehicle's horn, repeated flashing of the
vehicle's headlamps, or the wailing of a small siren. Such
notification may be disabled only by switching the
vehicles')) engine off, or by the achievement of a retest at
a level the lower (( than)) of .025 BAC or the maximum
allowable alcohol concentration as set by the originating
(8) In addition, if a retest is not performed when called
for by the device, or if the operator is unable to achieve a
retest at a level the lower ((
than)) of .025 BAC or the (( a))
maximum allowable alcohol concentration as set by the
originating court, the device shall automatically enter a
violation reset condition. A device which enters a violation
reset condition and the vehicle in which it is installed, must
be returned to the manufacturer or (( approved service
provider)) ASP to be serviced within five days or the device
shall render the vehicle inoperable. The manufacturer or
approved service provider shall notify the originating court
(if any) of such violation reset conditions in a format
acceptable to the originating court within five days of
servicing the device. The manufacturer or ASP shall provide
notification to DOL in a format acceptable should DOL
promulgate rules requiring such notification.
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-110, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-110, filed 12/9/87.]
(1) Shall guarantee repair or replacement of a defective device within the state of Washington within a maximum of forty-eight hours of receipt of a complaint.
(2) Shall demonstrate to the satisfaction of ESR, a
service delivery plan under which any restricted operator may
obtain installation and routine service of that manufacturer's
device within a seventy-five mile radius of his or her place
of residence. Further, shall provide ESR, a map of the state
of Washington showing the area covered by each approved
service provider, and the name, address, and telephone number
of each approved service provider. The manufacturer shall
notify)) provide ESR (( of)) a revised map showing any
changes to its authorized service provider network within ten
days of such change. Also within thirty days of any additions
to the approved service provider network, provide evidence to
ESR that any added ASPs have the insurance coverage as
required by subsection (7) of this section.
(3) Shall maintain a twenty-four hour, three hundred sixty-five days a year toll-free telephone number for lessees to call if they have problems with the device they have leased from the manufacturer or approved service provider. Calls must either be answered by a technician qualified to service the manufacturer's devices, or the call must be returned by a qualified technician within thirty minutes of the original call.
(4) Shall provide the ((
originating court and the))
lessee a statement of charges clearly specifying warranty
details, monthly lease amount, any additional charges
anticipated for routine calibration and service checks and
what items, if any, are provided without charge. To ensure
equal accessibility of the benefits of this technology to all
citizens of the state of Washington, such pricing shall be
uniform statewide(( , whether in urban or rural portions of the
(5) Shall provide the lessee written notice of any changes in the statement of charges regardless of what person or agency requested the change, prior to the implementation of such changes.
(6) Shall provide to ESR proof that the manufacturer has
products liability insurance coverage with minimum liability
limits of one million dollars per occurrence, and three
million dollar aggregate. Liability covered shall include,
but not limited to: Defects in product design ((
materials, (( as well as)) and workmanship during manufacture,
calibration, installation, removal, and all completed
operations. Such insurance must be provided by a company
(( licensed)) authorized to offer such coverage in the state,
and such company shall include the state of Washington as an
additional insured, and shall agree to notify ESR not less
than thirty days before the expiration or termination of such
coverage. Insurance coverage required in this subsection must
be in addition to, and not considered a replacement for
coverage required in subsection (7) of this section.
(7) Shall provide ESR proof that each and every
approved service provider)) ASP has garage keepers liability
insurance coverage with minimum liability limits of fifty
thousand dollars. Liability covered shall include, but not be
limited to, damage to lessee's vehicle and personal property
while in the care and/or custody of the (( approved service
provider)) ASP. Further shall provide ESR proof that each and
every (( approved service provider)) ASP has completed
operations insurance coverage with minimum liability limits of
one million dollars per occurrence, and two million dollars
aggregate. Liability covered shall include, but not be
limited to, defects in materials and workmanship during
installation, removal, service, calibration, and monitoring.
All such insurance must be provided by a company (( licensed))
authorized to offer such coverage in the state, and such
company shall include the state of Washington as an additional
insured, and shall agree to notify ESR not less than thirty
days before expiration or termination of such coverage.
Insurance coverage required in this subsection must be in
addition to and not considered a replacement for coverage
required in subsection (6) of this section.
(8) Shall ((
advise)), if so requested by the originating
court, notify the originating court prior to removing the
device under circumstances other than:
(a) Completion of sentence or other terms of a court order.
(b) Immediate device repair needs. ((
NOTE: Whenever a
device is removed for repair, and cannot be immediately
reinstalled, a substitute device shall be utilized. Under no
circumstances shall a restricted operator's vehicle be
permitted to be driven without a required device.))
(c) Removal of the device in order to switch it to a replacement vehicle to be operated by the restricted operator. Report of such a vehicle switch must be transmitted to the originating court within two business days of such a switch, if so requested by the originating court at the time of initial installation of the device. Report of such a vehicle switch must be transmitted to the DOL within two business days of such a switch, if so requested by the DOL. NOTE: Whenever a device is removed for repair, and cannot be immediately reinstalled, a substitute device shall be utilized. Under no circumstances shall a manufacturer or ASP knowingly permit a restricted operator to drive a vehicle not equipped with a functioning device.
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-120, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-120, filed 12/9/87.]
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-130, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-130, filed 12/9/87.]