| 4/10/2019 12:50 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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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 Street, Suite 1110 Richmond, VA 23219 |
| Chapter Affected: | |
| 24 vac 35 - 60: | Ignition Interlock Regulations |
| Statutory Authority: |
State: 18.2 -270.2 Federal: |
| Date Petition Received | 09/11/2018 |
| Petitioner | David Hites |
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 |
Take no action
| Agency Response Date | 04/10/2019 |
The petitioner's request was considered by the Commission on VASAP at its quarterly
meeting on March 29, 2019. VASAP interprets and defines the terms "alcohol" and "alcohol
specific" so as to be consistent with the Code of Virginia, the National Highway Traffic
Safety Administration's Model Specifications for Ignition Interlock Devices, the Association
of Ignition Interlock Program Administrator's standardized vocabulary directory, many
research studies, and common industry language.
In order for the VASAP regulations to remain consistent with both the historic and
current useage of these terms, the Commission denied the petition.