8/31/2018 1:26 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | Commission on the Virginia Alcohol Safety Action Program |
Regulatory Coordinator: | Richard Foy (804)786-5895 rfoy@vasap.virginia.gov |
Agency Contact: | Richard Foy Field Services Specialist (804)786-5895 rfoy@vasap.virginia.gov |
Contact Address: | Commission on the Virginia Alcohol Safety Action Program Commission on VASAP 701 E. Franklin St., Ste. 1110 Richmond, VA 23219 |
Chapter Affected: | |
24 vac 35 - 60: | Ignition Interlock Regulations |
Statutory Authority: |
State: 18.2 -270.2 Federal: |
Date Petition Received | 04/16/2018 |
Petitioner | David Hites |
On April 15, 2018, citing VA Code §2.2-4007, David Hites submitted the below petition
to the Commission on VASAP. The petition is in regard to the definition of "alcohol"
in 24VAC35-60-20 as it relates to "alcohol specific" ignition interlock devices.
"Under VA Code §2.2-4007, I David Hites submit the following petition to the Commission
on VASAP:
Suspend all future ignition interlock device installations in Virginia until a 100%
ethanol specific device can be developed as is required by law. The current technology
being used is NOT specific to ethanol as required by 24VAC35-60-70.
The Commission on VASAP cannot allow electrochemical fuel cells to be used on breath
alcohol ignition interlock devices as they are not specific to ethanol, but the problem
is that the law requires only this technology which impedes development of newer (lawful)
and better technology. I suggest that someone propose an amendment to the legislation
allowing use of any technology that is specific to ethanol. Until then, all new installations
must be suspended as they are ILLEGAL! The vendors cannot meet the terms of their
contracts. They are subject to the paradox the law has created.
At the March 2018 commission meeting, one interlock vendor, Alcolock, was under scrutiny
for using a non-ethanol-specific device to which Alcohol Countermeasure Systems CEO
Felix Comeaux admitted, as evidenced in the March 2018 commission quarterly meeting
minutes, that his devices do detect other alcohols. Since it is now known and acknowledged
that breath alcohol ignition interlock devices, due to the nature of their technology
being an electrochemical fuel cell, can and do detect other substances to a degree
that would cause an interlock user to fail a breath test, the vendors are not following
Virginia law, which means the vendors are all in breach of contract with the state.
Virginia law states:
24VAC35-60-20 "Alcohol" means ethyl alcohol, also called ethanol (C2H5OH).
24VAC35-60-70 "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: Paragraph 3. The ignition
interlock device shall be alcohol specific, using an electrochemical fuel cell that
reacts to and measures alcohol, minimizing positive results from other substances.
Since alcohol is defined as ethanol and interlock devices must be ALCOHOL specific,
that would mean that ignition interlocks must measure ethanol ONLY and no other substance,
including other alcohols.
Since vendors' contracts stipulate that they will obey all Virginia laws, they have
all violated the above statutes and have therefore violated their contracts. I am
requesting that all ignition interlock vendors be suspended from taking on new clients
until an ethanol specific device is developed."
Agency Plan
The petitioner's request will be considered at the next meeting of the Commission
on VASAP on June 8, 2018.
Publication Date | 05/14/2018 (comment period will also begin on this date) |
Comment End Date | 06/03/2018 |
Take no action
Agency Response Date | 08/31/2018 |
In accordance with the requirement of Virginia Code § 2.2-4007, Petition #272 was
filed with the Virginia Registrar of Regulations on April 16, 2018.
At its meeting on June 8, 2018, the Commission on VASAP considered the petition.
No public comments were submitted to the Virginia Regulatory Town Hall site.
The Commission on VASAP unanimously voted to deny, in its entirety, Petition #272.
The reason for the denial is detailed below:
Virginia Code § 2.2-4007 states that "any person may petition an agency to request
the agency to develop a new regulation or amend an existing regulation." Petition
#272 stated the petitioner's interpretation of the existing ignition interlock regulations,
specifically with regard to the definition of "alcohol," and his belief that ignition
interlock vendors are not complying with the law; however, the petition does not "specifically"
propose any new regulation or amendment to existing regulations. Mention is made
in the petition to "propose an amendment to the legislation" and to "suspend all future
ignition interlock device installations in Virginia." VASAP cannot suspend the installation
of the device as Virginia code requires that the devices be installed.
Any legislative changes would require action of the Virginia General Assembly.