H.294

Introduced by Representative Pugh of South Burlington

Referred to Committee on

Date:

Subject: Motor vehicles; DWI; ignition interlock devices

Statement of purpose: This bill proposes to require that persons who are convicted of drunk driving have a motor vehicle ignition interlock device installed on their vehicle.

AN ACT RELATING TO MOTOR VEHICLE IGNITION INTERLOCK DEVICES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 23 V.S.A. § 1209a(c) - (f) are added to read:

(c) Ignition interlock device. The commissioner shall order an ignition interlock device to be installed on the vehicle of any person convicted of violating the provisions of section 1201 of this title. An ignition interlock device is equipment which has been certified by the commissioner to prevent a motor vehicle from being operated by a person who is alcohol or drug impaired. The violator shall be charged the cost of the device as well as the installation, maintenance and removal costs. The device shall remain on the vehicle of convicted persons for all periods during which a license is suspended.

(d) The commissioner shall adopt rules for certification, installation, repair andremoval of ignition interlock devices. Before certifying any device, the commissioner shall consult with the National Highway Traffic Safety Administration. The commissioner shall additionally adopt rules which specify requirements for an ignition interlock device which meets the following criteria:

(1) does not impair the safe operation of the vehicle;

(2) reasonably limits the opportunities to be bypassed;

(3) works accurately and reliably in all state weather conditions;

(4) resists tampering and gives evidence if tampering is attempted;

(5) minimizes inconvenience to a sober user;

(6) is manufactured by a party who is adequately insured for product liability; and

(7) has a label affixed in a prominent location warning that any person tampering with, circumventing or otherwise misusing the device is subject to a fine not to exceed $2,000.00.

(e) The motor vehicle department shall attach or imprint a notation on the driver's license of any person restricted under the provisions of this section stating that the person may operate only a motor vehicle equipped with an ignition interlock device.

(f) A person shall not knowingly sell, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted to the use of an ignition interlock device. A person found in violation of this subsection shall be subject to a fine not to exceed $2,000.00.