6/6/2020 12:01 am 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 Service 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 | 05/24/2019 |
Petitioner | Cynthia Hites |
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 heard on June 5, 2020 at the Commission on VASAP quarterly meeting.
Due to the COVID-19 situation, the meeting will be conducted via teleconference.
Publication Date | 06/24/2019 (comment period will also begin on this date) |
Comment End Date | 12/31/2019 |
Take no action
Agency Response Date | 06/06/2020 |
The term "alcohol-specific" began to be used in industry terminology years ago in
order to differentiate early ignition interlocks from second generation interlocks.
The early interlocks employed semiconductor (nonspecific) alcohol sensors. These
semiconductor-type (Taguchi) interlocks did not hold calibration very well, were sensitive
to altitude variation, and reacted positively to non-alcohol sources. By the early
1990s, the industry began to produce "second generation" interlocks with reliable
and accurate fuel cell sensors, that were referred to as being "alcohol specific."
"Alcohol-specific," as the language has come to be understood, does not mean the devices
are totally ethanol specific, it just means they have high specificity to drinking
alcohol or ethanol. It is extremely unlikely that the breath of a living human would
contain any other substance to which fuel cell sensors will respond. Other types
of alcohols (non-drinking) such as methanol or isopropanol to which the ignition interlock
would yield a positive result are toxic and potentially lethal when consumed. As
a safeguard though, VASAP has procedures in place to enable offenders to retest whenever
they suspect a positive test is due to residual mouth alcohol (from something such
as mouthwash) or a non-breath source such as hand sanitizer. Positive results, other
than from consumed ethanol, can be minimized or eliminated by following the proper
breath testing procedures and agreed terms of the ignition interlock contract.
All current ignition interlocks in Virginia are required to meet National Highway
Traffic Safety Administration standards as found in NHTSA's Model Specifications for
Ignition Interlock Devices. The definition of "alcohol" found in the ignition interlock
regulations is consistent with the definition for "alcohol" found in the Code of Virginia
and NHTSA's model specifications.
The subject matter of this petition has already been addressed in whole or in part
by the Commission in previous petitions.
Therefore, no action was taken by the Commission on this petition.