5/24/2019 11:15 am
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 Service 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 05/24/2019
Petitioner Cynthia Hites
 Petitioner's Request
I, Cynthia Hites, a citizen of the Commonwealth of Virginia, pursuant to Virginia Code ยง 2.2-4007, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-60-70, F, 3 (Ignition Interlock Regulations). This petition does not seek to address ethanol specificity, as it is already established by law.  24VAC35-60-70 states Virginia ignition interlock machines "shall be alcohol specific," and 24VAC35-60-20 defines that alcohol as ethyl alcohol (C2H5OH). The machines shall be ethanol specific, and that is not in question. This petition directly addresses the State's usage of the electrochemical fuel cell for ignition interlock, and because it cannot meet the standards set forth by law, avenues must be opened to improve the science behind breath testing. The electrochemical fuel cell is a simple and unsophisticated tool used to detect alcohol, which, in chemistry, as in this context, does not mean drinking liquor, but simply means any organic compound that contains one or more hydroxl groups attached to a carbon atom. These alcohols include, but are not limited to: Sorbitol [C6H14O6], Isopropanol [C3H8O], Cholesterol [C27H46O], Xylitol [C5H7(OH)5], Erythritol (C4H10O4), Methanol (CH4O), Menthol (C10H20O), and Cortisol (C21H30O5). For this reason, Virginia law 24VAC35-60-20 explicitly defines "alcohol" as the compound C2H5OH, which is ethanol. Being non-ethanol specific, the electrochemical fuel cell measures and records citizen's private biological medical information and misconstrues it falsely as ethanol.  I believe this is an invasion of the medical privacy afforded by the Health Insurance Portability and Affordability Act. Measuring a litany of bodily organic compounds and claiming them to be ethanol is unethical, invasive, and totally misleading to the general public.  It goes against the intent of the statute. To have any lesser standard than ethanol specificity is a disservice to society, and because the electrochemical fuel cell measures an unknown and inexhaustive set of compounds, its usage must be suspended until such time a device can be proven to meet the standards set forth by 24VAC35-60-20 and 24VAC35-60-70. Currently, 24VAC35-60-70, F, 3 states: "3.  The ignition interlock device shall be alcohol specific, using an electrochemical fuel cell that reacts to and measures ethanol, minimizing positive results from other substances." This petition seeks to change the wording from "an electrochemical fuel cell" to "technology" and to change the word "minimizing" to "eliminating," thus reading: "3.  The ignition interlock device shall be alcohol specific, using technology that reacts to and measures ethanol, eliminating positive results from other substances." A device that detects and measures only drinking alcohol is a product of science fiction.  Electrochemical fuel cells measure and collect private health data and bodily emissions, aside from drinking alcohol, then uses that private health data to falsely accuse citizens of ethanol ingestion.  Continued usage of electrochemical fuel cells for this purpose constitutes nothing less than governmental gaslighting. Sincerely, Cynthia Hites
 Agency Plan
This petition will be considered by the Commission on VASAP at its first quarterly meeting in 2020 (date to be determined).
Publication Date 06/24/2019  (comment period will also begin on this date)
Comment End Date 12/31/2019