Virginia Regulatory Town Hall
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Commission on the Virginia Alcohol Safety Action Program
Commission on the Virginia Alcohol Safety Action Program
Petition 282
Petition Information
Petition Title Petition to Amend Wording in 24VAC35-60-70, Section F, Paragraph 3
Date Filed 9/11/2018    [Transmittal Sheet]
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


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.


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's Plan

The Commission on VASAP will consider this petition at its March, 2019 meeting (date to be determined). 

Comment Period Began 10/1/2018    Ended 12/14/2018
Virginia Register Announcement Submitted on 9/11/2018
The Virginia Register of Regulations
Published on: 10/1/2018     Volume: 35  Issue: 3
Agency Decision Take no action [Transmittal Sheet]    
Response Date 4/10/2019
Decision Publication Date Published on: 4/29/2019     Volume: 35  Issue: 18
Agency Decision Summary

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. 

Contact Information
Name / Title: Richard Foy  / Field Services Specialist
Address: Commission on VASAP
701 E. Franklin Street, Suite 1110
Richmond, 23219
Email Address:
Telephone: (804)786-5895    FAX: (804)786-6286    TDD: ()-