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Commission on the Virginia Alcohol Safety Action Program
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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

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's Plan

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

 
Comment Period red dot In Progress!
Ends 12/14/2018
Currently 0 comments
Agency Decision Pending    

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