9/11/2018 2:29 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: Commission on the Virginia Alcohol Safety Action Program
Regulatory Coordinator: Richard Foy


Agency Contact: Richard Foy

Field Services Specialist


Contact Address: Commission on the Virginia Alcohol Safety Action Program

Commission on VASAP

701 E. Franklin Street, Suite 1110

Richmond, VA 23219
Chapter Affected:
24 vac 35 - 60: Ignition Interlock Regulations
Statutory Authority: State: 18.2 -270.2

Date Petition Received 09/11/2018
Petitioner David Hites
 Petitioner's Request
Under VA Code Section 2.2-4007, I David Hites, ask that the following change be made to Virginia Administrative Code 24VAC35-60-70, Section F, Paragraph 3 from: 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. to: The ignition interlock device shall be alcohol specific, using any proven technology that reacts to and measures alcohol only, as defined in 24VAC35-60-20 "Definitions" meaning ethyl alcohol, also called ethanol (C2H5OH). The law as currently written demands the use of fuel cell technology.  It also demands that breath alcohol ignition interlock devices (BAIIDs) be ethanol specific.  The two requirements cannot simultaneously be met. If the law requires BAIIDs to be specific to ethanol, then a fuel cell does not meet that requirement, as by its nature it will detect other alcohols.  The law must be changed due to its inconsistency and impossibility to meet both standards. Thank you for your consideration. Dave Hites    
 Agency Plan
The Commission on VASAP will consider this petition at its March, 2019 meeting (date to be determined). 
Publication Date 10/01/2018  (comment period will also begin on this date)
Comment End Date 12/14/2018