Assigned to TRANSIT FOR
COMMITTEE
Assigned to TRANSIT FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
ignition interlock device; installer; manufacturer
Purpose
Retroactive to July 1, 2018, modifies requirements for a certified ignition interlock device (IID) and IID service providers, and outlines violations against an IID order
Background
When driving privileges are reinstated following conviction of a driving under the influence offense, the court sends a report of the conviction to the Arizona Department of Transportation (ADOT) Motor Vehicle Division that the vehicle must be equipped with an IID for a minimum number of months, dependent upon the severity of the offense, with some exceptions (A.R.S. §§ 28-1381; 28-1383; and 28-3319).
An IID is an in-car alcohol breath screening device that is attached to a motor vehicle’s ignition system. The IID requires a driver to breathe into the device and prevents the vehicle from starting if the driver’s alcohol content exceeds preset standards. The device also requires the driver to provide a breath sample at random times during the drive cycle of the vehicle.
Current statute requires the IID service provider to transmit a record of certain circumstances of noncompliance to ADOT on a daily basis, including: 1) any tampering or circumvention of the IID; 2) any failure to provide prescribed proof of compliance or inspection of the IID; and 3) any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit. ADOT is required to extend an IID order for six months if ADOT has reasonable grounds to believe that any of the recorded instances indicate outlined circumstances of noncompliance (A.R.S. § 28-1461).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires ADOT to extend an IID order for six months if ADOT has reasonable grounds to believe the person fails to properly perform any set of three consecutive rolling retests within a drive cycle.
2. Requires, in order to certify an IID:
a) the IID be repaired and modified by only the manufacturer; and
b) all statutorily required reporting originate from the manufacturer.
3. Reduces, from 30 days to 15 days, the allotted timeframe required to make a written request for a hearing on the denial of an IID service provider application.
4. Removes the requirement that an IID service provider maintain a service center in each county in Arizona.
5. Requires the IID manufacturer to electronically provide a record to ADOT in real time, rather than daily, of any tampering, circumvention, failure to provide proof of compliance or inspection, attempt to operate a motor vehicle with an alcohol concentration exceeding the presumptive limit, and failure to perform rolling retests during a drive cycle.
6. Specifies that notification of a minor's parents of noncompliance with the IID order occurs on request of the parent.
7. Removes the requirement that the Director of ADOT adopt rules to cancel an IID service provider's contract.
8. Specifies that the authorization application of an IID service provider be submitted by the IID manufacturer.
9. Defines circumvent or circumvention as an attempted or successful bypass of the proper functioning of an IID including:
a) bump starting a motor vehicle with an IID;
b) introducing a false sample other than a deep-lunch breath sample from the driver;
c) intentionally disrupting or blocking a digital image identification device;
d) operating a motor vehicle after the IID detects breath alcohol exceeding the presumptive limit;
e) operating a motor vehicle without a functioning IID; or
f) allowing another person to breathe into the IID to collect a required breath sample.
10. Defines manufacturer as a person or organization located in the United States responsible for the design, construction or production of the IID.
11. Defines rolling retest as a breath alcohol test required of a driver at random intervals after the motor vehicle is started, in addition to the initial test required to start the vehicle.
12. Includes in the definition of technician a person who is trained and certified by an IID provider to calibrate or service the IID.
13. Makes conforming changes.
14. Becomes effective on the general effective date, retroactive to July 1, 2018.
Prepared by Senate Research
February 2, 2018
KN/lb