9/11/2018 2:29 pm 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
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Initial Agency Notice
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 Services 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 | 09/11/2018 |
Petitioner | David Hites |
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
from:
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.
to:
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 Plan
The Commission on VASAP will consider this petition at its March, 2019 meeting (date
to be determined).
Publication Date | 10/01/2018 (comment period will also begin on this date) |
Comment End Date | 12/14/2018 |