The purpose of these regulations is to establish a set of standards for the Commonwealth of Virginia's ignition interlock program. Authority to issue these regulations is granted to the Executive Director of the Commission on Virginia Alcohol Safety Action Program (VASAP) or authorized designee by § 18.2-270.2 of the Code of Virginia.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Alcohol" means ethyl alcohol, also called ethanol (C2H5OH).
"Applicant" means a service provider technician or state director who applies for a Virginia Ignition Interlock Certification Letter from the commission.
"ASAP" means a local alcohol safety action program.
"BAC" or "blood alcohol concentration"
means the amount of alcohol in an offender's blood or breath, as
determined by chemical analysis,
which shall be that is measured
by the number of grams of alcohol per 100 milliliters of blood , or 210
liters of breath.
"Breath test" means an analysis of the breath alcohol concentration of a deep lung breath sample.
"Calibration" means the process that ensures an accurate alcohol concentration reading is being obtained on the ignition interlock device.
"Commission" means the Commission on Virginia
Alcohol Safety Action Program
(VASAP) or its designee.
"Deep lung breath sample," also known as
"alveolar breath sample," means an air sample that is the last
portion of a prolonged, uninterrupted exhalation and that gives a quantitative
measurement of alcohol concentration from which breath alcohol concentrations
can be determined. "Alveolar" refers to the aveoli
, which that
are the smallest air passages in the lungs , surrounded by capillary
blood vessels and through which an interchange of gases occurs during
"Device" means a breath alcohol ignition interlock device.
"Device certification" means the testing and
approval process required by the Commission on Virginia Alcohol Safety Action
"DMV" means the Virginia Department of Motor Vehicles.
"Executive Finance Committee" means the advisory subcommittee of the commission composed of the Executive Director of the Commission on Virginia Alcohol Safety Program, two commission members, and such other person as the commission designates.
"Fail point" means the
point level at
which the breath alcohol level of 0.02% is met concentration, as
established in § 18.2-270.1 of the Code of Virginia, is sufficient to prevent a
motor vehicle equipped with an ignition interlock device from starting.
"Free restart" means the ability to start the engine
again within a
preset two-minute period of time without
completion of another breath test , when the condition exists where a
breath test is successfully completed and the motor vehicle is started, but
then the engine stops for any reason, (including stalling ).
"Ignition interlock system" means a device that (i)
connects a motor vehicle ignition system to an analyzer that measures an
offender's blood alcohol concentration; (ii) prevents a motor vehicle ignition
from starting if the offender's blood alcohol concentration
is at or above
reaches the fail point; and (iii) is equipped with the ability to
perform a rolling retest and to electronically log the blood alcohol
concentration during ignition, attempted ignition, and rolling retest.
"Interlock event" means vehicle operator activity that is recorded by the ignition interlock to include, but not be limited to, vehicle starts and attempted starts, rolling retests, breath tests, lockouts, ignition shutoffs, power outages, and interlock tampering.
"Licensing" means the process of determining that
a service center meets the requirements set by the Commission on VASAP.
"Lockout" means the ability of the ignition interlock device to prevent a motor vehicle's engine from starting.
"Manufacturer" means the actual maker of the
ignition interlock device
who that assembles the product and
distributes it to service providers.
"Motor vehicle" means
every a motor
vehicle as defined in §§ 18.2-266 and 46.2-100 of the Code of Virginia ,
that is self-propelled, or designed for self-propulsion, to exclude bicycles,
electric power-assisted mobility devices, electric powered-assisted bicycles,
"Offender" means the individual required by the court or the Department of Motor Vehicles to drive only motor vehicles that have certified ignition interlock devices installed.
"Permanent lockout" means a feature of the ignition
in which that prevents a motor vehicle will
not start from starting until the ignition interlock device is reset
by a service provider.
"Retest" means an additional opportunity to provide a deep lung breath sample below the alcohol fail point.
"Rolling retest" means a test of the offender's
blood alcohol concentration required at random intervals during operation of
the motor vehicle
, which that triggers the sounding of the horn
and flashing of lights if (i) the test indicates that the offender has a blood
alcohol concentration that is at or above reaches the fail point
or (ii) the offender fails to take the test.
"Service center" means the physical location where the service provider installs, calibrates, and removes the ignition interlock device on the offender's vehicle.
"Service provider" means an authorized supplier and installer of the approved ignition interlock devices. In some cases, the service provider may also be a manufacturer of an ignition interlock device.
"State director" means a service provider employee who provides oversight of the service provider's ignition interlock operations in the Commonwealth of Virginia.
"Tampering" means an unlawful act or attempt to
disable or circumvent the legal operation of the ignition interlock device to
include providing samples other than the natural breath of the offender,
starting the motor vehicle without using the ignition switch,
any other an
act intended to start the motor vehicle without first taking and passing a
breath test, or physically tampering with the device to disable or otherwise
disconnect the device from its power source.
"Technician" means a service provider employee who installs, calibrates, or removes interlock devices in the Commonwealth of Virginia.
"Temporary lockout" means a feature of the ignition
interlock device that will not allow the motor vehicle to start for a preset
time period after a breath test result indicates a BAC
at or above that
reaches the fail point.
"Vendor certification" means the process of determining that a vendor has been approved to provide ignition interlock services in the Commonwealth of Virginia.
"Violation" means an event, such as a breath test
indicating a BAC
at or above reaching the fail point upon initial
startup ,; a refusal to provide a rolling retest deep lung breath
sample ,; a rolling retest with a BAC at or above reaching
the fail point ,; altering, concealing, hiding, or attempting to hide
one's identity from the ignition interlock system's camera while providing a
breath sample; or tampering, which tampering, that breaches
the guidelines for use of the interlock device.
"Violation reset" means a feature of the ignition
in which that activates a service reminder is
activated due to a violation or failure to report for calibration within
35 days of the installation or previous calibration.
"Virginia Ignition Interlock Certification Exam" means an exam administered by the commission to service provider state directors and technicians that must be successfully completed and submitted as a component of an application for a "Virginia Ignition Interlock Certification Letter."
"Virginia Ignition Interlock Certification Letter" means a letter issued by the commission to a service provider technician or state director authorizing the technician or state director to perform ignition interlock services in the Commonwealth of Virginia.
24VAC35-60-40. Approval of manufacturers and service providers.
A. The commission shall issue a request for proposals
(RFP) in compliance with the state Commonwealth of Virginia
procurement procedures to contract with ignition interlock service providers
for the services and commodities required for the implementation and
maintenance of the Commonwealth's ignition interlock program. Contracts will be
for three years with an optional two-year renewal a length of time
established by the commission.
B. Integrity of the Ignition Interlock Program shall be upheld
by restricting the delivery of interlock
client service to the actual
provider of the product (i.e., authorized service provider), thereby
effectively preventing the extension of subcontracts to other persons or
businesses who lack long-term investment, long-term experience, or in-depth
knowledge of product and service, potentially resulting in a higher likelihood
of neglect of duty or illegal exchange of funds. Denial of subcontracting of
the interlock service to the consumer is an integral part of protecting the
chain of evidence for court testimony and evidentiary procedures.
Each A service provider seeking to contract
with the commission shall submit:
Evidence of a strong background Submit evidence
demonstrating successful experience in the development and maintenance of a
statewide an ignition interlock service program and evidence of
operational programs in Virginia, other states, or other
countries. The service provider must shall be dedicated to
the installation and maintenance of ignition interlock devices and must
2. Supply and train staff and service center supervisors
assure ensure good customer service and compliance with all
contract requirements. Personnel hired to install, calibrate, or inspect
ignition interlock devices may not have ever been convicted of any felony
or a crime substantially related to the qualifications, functions, and duties
associated with the installation and inspection of the devices; or
within a five-year period prior to hiring, been convicted of a misdemeanor
potentially punishable by confinement.
a. Personnel seeking to perform ignition interlock services or administrative duties in the Commonwealth of Virginia shall not necessarily be barred from employment due to a criminal record; however, a criminal record may be considered in conjunction with other information to determine the overall suitability of applicants for employment.
b. The authorized service provider
able to ensure that technicians are trained and available to testify in court
if required for noncompliance hearings. shall provide expert or other
required testimony in any civil, criminal, or administrative proceedings as to
the method of manufacturing the device, ignition interlock functionality, and
the testing protocol by which the device is calibrated and serviced.
c. The service provider shall provide a completed application for state certification to the commission to perform ignition interlock services for all technicians and state directors seeking to work in the Commonwealth of Virginia. The application shall be submitted at least 10 days prior to the employee performing any ignition interlock services in the Commonwealth of Virginia.
d. The service provider shall identify all key personnel who will be providing ignition interlock services for the Commonwealth of Virginia with a means of identifying these personnel and furnish the commission with credentials on these personnel.
e. The service provider shall notify the commission at least five business days in advance of a reduction in staffing levels of key personnel at the local or district offices serving the Commonwealth of Virginia.
f. The service provider shall ensure that technicians and the state director are trained and available to testify in court if required by a court or Commonwealth's Attorney or upon a 10-business-day notice by the ASAP in that court's jurisdiction, regardless of whether a subpoena is issued.
2. A 3. Submit a description of the service
provider's present or planned provisions plan to be approved by the
commission, for distribution of the device in all locations of the
Commonwealth of Virginia including all locations in the state where the
device may be installed, serviced, repaired, calibrated, inspected, and
monitored ignition interlock services will be performed. Each
facility At least one physical ignition interlock service facility shall
be located within a 50 mile radius of every residence in the Commonwealth of
Virginia unless otherwise authorized by the commission. Interlock service
facilities shall be approved inspected and certified by the Commission
on VASAP commission prior to its use and meet the following criteria:
the initial provision of services to offenders. Each interlock service
facility shall be inspected and certified at least annually thereafter.
Interlock service providers shall: a. Must pay an annual review fee to the Commission on
VASAP. b. Must comply a. Comply with all local business
license and zoning regulations, and with all federal, state, and local health,
fire, and building code requirements. Prior to the jurisdictional compliance
deadline, a copy of a valid business license or business license payment
receipt shall be forwarded to the commission. The official valid business
license and tax document are required to be posted in a conspicuous place at
the service facility immediately upon receipt when applicable; c. Must comply b. Comply with all local, state,
and federal laws pertaining to the provision of physical access to persons with
disabilities .; d. Must maintain c. Maintain offender records in
a manner that complies with federal confidentiality guidelines. All offender
files, payment receipts, and other identifying information shall be located in
locked filing cabinets in one centralized location in the Richmond, Virginia
area. Electronic storage of client files shall be permissible if approved by
the commission and, if approved, shall be encrypted and secured to prevent
third party access;
d. Require and enforce maintenance of a drug-free workplace and have posted in a conspicuous place, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the service provider's workplace. The notice shall specify the actions that will be taken against employees for violations of the policy;
e. Replace an ignition interlock service facility within 30 days whenever the closing of an interlock service facility results in noncompliance with the requirement to possess a facility within a 50-mile radius of every residence in the Commonwealth of Virginia. The service provider is also required to notify offenders of the closure date and the address of the new interlock service facility within 15 days of the closure date;
f. Ensure that technicians maintain a professional appearance and are attired in such a manner as to be readily identifiable as service provider employees;
g. Ensure that interlock service facilities are tidy and pose no hazards to public safety; and
h. Provide the commission a minimum of 20 days notice prior to the scheduled opening date of a new location. This requirement allows the commission reasonable time to schedule an inspection of the new facility prior to opening services to ASAP offenders.
In addition, all services must be available statewide within
a 50-mile drive to the home location of all residents of the Commonwealth.
3. Documentation of insurance covering product liability
4. Submit sufficient documentation to enable the verification of adequate
insurance covering liability related to ignition interlock operations,
services, and equipment, including coverage in Virginia, with a minimum
policy limit of $1 million per occurrence , and $3 million general
aggregate total. The service provider's liability insurance shall be
considered primary above all other available insurance and shall so stipulate
in the "other insurance" or other applicable section of the service
provider's insurance contract. The service provider shall provide a signed
statement from the manufacturer holding harmless the Commonwealth of Virginia ,
and the commission , and its members, employees, and agents from
all claims, demands, and actions , as a result of damage or injury to
persons or property that may arise , directly or indirectly , out
of any an act or omission by the manufacturer or their its
service provider relating to the installation, service, repair, use, and/or
or removal of an ignition interlock device. Coverage shall extend to
any action taken or not taken by ASAPs or the commission due to verified errors
in reporting of interlock activity by the service provider; 4. Documentation 5. Submit documentation that the
service provider will provide a full-time state ignition interlock coordinator
director who will work exclusively with the Virginia interlock program
and reside in the Richmond, Virginia area program. Among other
duties, the coordinator state ignition interlock director will be
expected to (i) respond promptly to any problems in the field ,;
(ii) upon request of the commission testify in court upon request,
and before applicable courts, the General Assembly of Virginia, or the
commission; (iii) assist and provide training to VASAP staff the
commission, ASAP staffs, local and statewide, and other stakeholders as
requested by the commission; and (iv) be responsible for quality control
reports and statistics, updates to all required documentation, and field
services reporting and repairs. In the event of a state director vacancy,
service providers shall submit to the commission the name of an interim state
director within 10 days of the vacancy and the name of a permanent state
director within 60 days of the vacancy;
6. Not discriminate against an employee or applicant for employment due to race, religion, color, sex, national origin, age, disability, or other basis prohibited by state or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the service provider. The service provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Furthermore, the service provider in all solicitations or advertisements for employees placed by or on behalf of the service provider shall state that the contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subdivision;
7. Not knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603; 100 Stat. 3359) during the performance of the contract for goods and services; and
8. Notify the commission in writing within 15 days of a disciplinary action taken by a state or other political entity in which the service provider conducts or has conducted ignition interlock business. This notification shall include the reason for the disciplinary action and other information as the commission may reasonably request. This requirement applies regardless of the existence of an appeal.
D. Provided that all vendor and device certification
requirements are met, the commission
shall may contract with
those manufacturers or service providers , and may approve multiple makes
and models of ignition interlock devices for use in the Commonwealth of
A. All potential service providers desiring to conduct business in the Commonwealth of Virginia's ignition interlock program shall submit a $250 nonrefundable application fee to the commission.
Commission on VASAP will establish by contract the
following additional fees to shall be paid by the service
provider . to the commission:
Annual A $250 annual contract review fee to
the Commission on VASAP.;
Annual A $75 annual review fee for each ignition
interlock service center to the Commission on VASAP.;
3. A $250 retest fee each and every time a service provider employee is required to take a second or subsequent Virginia Ignition Interlock Certification Exam due to an unsuccessful attempt on the first exam; and
3. Monthly 4. A $10 monthly ignition interlock
administrative fee to the Commission on VASAP for each offender
with an ignition interlock installed until the device is removed for
each offender. The fee shall be accompanied by an associated offender
list, categorized by ASAP, supporting the payment amounts. The ASAP offender
list and payment shall be submitted no later than the 10th day of the month
following the month when the ignition interlock services were provided. 4. Monthly C. A $10 monthly ignition interlock
administrative fee shall be paid by the service provider directly to
the local servicing ASAP for each offender with an ignition interlock
device installed until the device is removed offender. The fee
shall be accompanied by an associated offender list, categorized by ASAP,
supporting the payment amounts. The ASAP offender list and payment shall be
submitted no later than the 10th day of the month following the month when the
applicable ignition interlock services were provided.
D. Service providers may charge offenders for ignition interlock services at rates up to, but not to exceed, the following:
1. $65 for a standard ignition interlock installation;
2. $130 for the installation of an ignition interlock on a hybrid motor vehicle or a motor vehicle with a push button starter;
3. $75 for a change of vehicle ignition interlock installation;
4. $0 for an ignition interlock removal;
5. $80 plus applicable taxes for monthly ignition interlock calibrations or monitoring, inclusive of the monthly administrative fees to be paid to the commission and servicing ASAP;
6. $8.00 per month for optional insurance to cover theft, loss, or damage to the ignition interlock and its components;
7. An amount of 10% over the actual replacement cost of the ignition interlock and its components when theft, loss, or damage occurs and the offender has not purchased the optional insurance;
8. $50 plus mileage calculated at the Commonwealth of Virginia mileage rate in effect at the time, not to exceed 100 miles, for service calls;
9. $50 for violation resets, when the violation is determined to be due to the fault of the offender;
10. $35 for missed appointments;
11. An amount permitted by the Code of Virginia at the time for returned checks;
12. $50 for provision of a permanent lockout code, when the lockout is determined to be due to the fault of the offender; and
13. $50 per hour, not to exceed four total hours, for repairs and reinstallation of the ignition interlock when the commission determines that the offender illegally tampered with the device.
E. In the event of changes to the Code of Virginia mandating enhanced technological capabilities of ignition interlock devices used in the Commonwealth, the commission may increase offender installation and calibration fees up to a maximum of 25%.
C. F. All service providers shall create and
maintain an indigency fund for offenders who are eligible for a reduction in
fees based upon a declaration of indigency by the court and approval by the
commission. Service providers shall not deny service to any offender for
whom there has been a declaration of indigency and approval by the commission.
Cancellation, suspension, and Suspension
or revocation of manufacturers, service providers, and ignition
interlock devices ignition interlock device or service facility
A. The commission may indefinitely
suspend , or revoke certification of an ignition interlock device and/or
its manufacturer and service provider or ignition interlock service
facility, and the executive finance committee, for a period not to exceed 30
days, may suspend or revoke certification of an ignition interlock device or ignition
interlock service facility for the following reasons:
1. When there is a voluntary request by a manufacturer to
cancel certification of a device
2. When a device is discontinued by the manufacturer
3. When the manufacturer's liability insurance is terminated or
4. When the manufacturer or service provider attempts to
conceal its true ownership
5. When materially false or inaccurate information is provided
relating to a device's performance standards
6. When there are defects in design, materials, or workmanship
causing repeated failures of a device
7. When the manufacturer or service provider knowingly permits
nonqualified service technicians to perform work
8. When a manufacturer or service provider assists users with
circumventing or tampering with a device
.; 9. When service or the submission of required reports is not
provided in a timely manner. 10. When required fees are not paid to the commission or
local programs. 11. When there is a pattern of substandard customer service. 12. When the manufacturer or service provider interferes
with or obstructs a site review or investigation by the commission. 13. When there are any other violations of the provisions
contained in the Code of Virginia, commission regulations, or the
ignition interlock contract; 14. When a manufacturer or service provider solicits the
employment of another manufacturer's or service provider's technician, facility
manager, or state ignition interlock coordinator 15. When a manufacturer or service provider solicits
business outside of the VASAP, or otherwise solicits individual ASAP branches
through operational incentives, gratuities, or any other personal incentives.
16. When a manufacturer or service provider solicits business
via direct influence or marketing to judicial, court, or DMV personnel.
9. When a service provider fails to fully correct an identified ignition interlock facility noncompliance issue within the time frame required by the Code of Virginia, the provisions of this chapter, or a service provider contract;
10. When there is a pattern of identified interlock service facility noncompliance issues;
11. When a service provider impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission involving customer service issues, vehicle damage, or other complaint brought forward by a third party; or
12. When there is an identified public safety or client confidentiality issue at an ignition interlock service facility.
such cancellation, a suspension , or
revocation of an ignition interlock device or service facility certification
occurs, the manufacturer or service provider may request (within,
within 15 days of notification) notification, a hearing with
the commission to contest the decision. Should the cancellation, suspension,
or a revocation of certification be upheld, the manufacturer
or service provider (i) shall remain be responsible for
removal of all devices from customers' motor vehicles, all vehicles
in which interlocks are installed and serviced by the service provider that is
subject to the revocation, and (ii) will bear the costs associated
with the required removal and installation of a new approved device
devices. In addition, the manufacturer or service provider subject to
the revocation shall continue to provide services for these ASAP offenders for
a time to be determined by the commission, but no longer than 90 days.
C. Service providers or manufacturers that are suspended shall continue to provide services for ASAP offenders; however, no new ignition interlock installations shall be permitted during the period of suspension.
D. If a service provider terminates the contract or goes out of business, the manufacturer or service provider shall be responsible for removal of all devices from all vehicles in which interlocks are installed and serviced by the service provider that terminates the contract or goes out of business and shall bear the costs associated with the required removal and installation of new approved devices. In addition, the manufacturer or service provider that terminates the contract or goes out of business shall continue to provide services for these ASAP offenders for 90 days from the date of the service provider's notification to the commission that they will be terminating ignition interlock services in Virginia.
24VAC35-60-70. Ignition interlock device specifications.
A. All ignition interlock devices used pursuant to §§
18.2-270.1 and 46.2-391.01 of the Code of Virginia
must shall be
approved by the commission. The commission shall maintain a list of approved ignition
Each A service provider seeking to contract
with the commission shall submit:
1. The name and address of the ignition interlock device
2. The name and model number of the ignition interlock device
3. A detailed description of the device including drawings, schematics, wiring protocols, and instructions for its installation and operation.
C. The manufacturer or service provider shall provide literature
promoting its device to the commission
, and for distribution
to the local ASAPs , literature promoting its device.
D. The manufacturer or service provider shall provide
certification from an independent laboratory that its ignition interlock device
has been tested in accordance with the most current model specifications
published in the Federal Register by the National Highway Traffic Safety
(57 FR 11772-11787 (April 7, 1992)), Administration. The manufacturer or
service provider is required to provide a certified affidavit that the ignition
interlock device model complies with all applicable state standards, including
written documentation, current within five years, from either a certified
testing laboratory or a National Highway Traffic Safety Administration testing
lab and that the ignition interlock device model for which
certification is being sought meets or exceeds those specifications.
the current National Highway Traffic Safety Administration's model
specifications. Included with the certification report should be the name
and location of the testing laboratory, the address and phone number of the
testing laboratory, a description of the tests performed, copies of the data
and results of the testing procedures, and the names and qualifications of the
individuals performing the tests.
E. If a device is submitted for approval by a service provider other than the manufacturer, the submitting party shall submit a notarized affidavit from the manufacturer of the device certifying that the submitting party is an authorized manufacturer's representative.
All Except where otherwise required in this
chapter, all ignition interlock devices will be required to shall
meet the model specifications for Breath Alcohol Ignition Interlock Devices (BAIID)
as set forth in the most recent current model specifications
published in the Federal Register by the National Highway Traffic Safety
Administration (NHTSA) and operate reliably over the range of motor
vehicle environments or motor vehicle manufacturing standards. At a
minimum, the following specifications will shall be met:
1. The ignition interlock device shall work accurately and reliably in an unsupervised environment, at minimal inconvenience to others, and without impeding the safe operation of the motor vehicle.
2. The ignition interlock device shall be able to analyze a specimen of alveolar breath for alcohol concentration, correlate accurately with established measures of blood alcohol concentration, and be calibrated according to the manufacturer's specifications.
3. The ignition interlock device shall be alcohol specific,
using an electrochemical fuel cell that reacts to and measures ethanol,
minimizing positive results from
any other substance substances.
4. The ignition interlock device shall indicate when a
sample of breath 1.5 L breath sample has been collected and shall
indicate this by audible or visual means. The commission may authorize
service providers to adjust the breath volume requirement to as low as 1.0 L
upon receipt of documentation from a licensed physician verifying the existence
of an applicable medical condition. The physician's documentation shall be
submitted on a commission-approved form. A medical waiver of the ignition
interlock requirement shall only be approved upon authorization of the court of
jurisdiction and the commission.
5. The ignition interlock device shall detect and record a BAC
is at or above reaches the fail point for each ignition
ignitions, attempted ignition ignitions, and rolling retest
6. The results of the test shall be noted through the use of green, yellow, and red signals or similar pass/fail indicators. No digital blood alcohol concentration shall be indicated to the offender.
7. The ignition interlock device shall lock out an offender
when a BAC
at or above reaches the fail point is detected.
8. The ignition interlock device shall have the ability to prevent the normal operation of the motor vehicle by an offender who fails to retest.
9. The ignition interlock device shall have the ability to perform a permanent lockout if the offender fails to appear for a scheduled monitoring appointment after the applicable five-day grace period. The service provider shall provide a code, smart key, or other similar unlock feature that has been approved by the commission to offenders whose interlock is in a permanent lockout status. The duration of the time period that the interlock is unlocked shall not be more than or less than three hours. The code shall only unlock the interlock device and shall not disable other interlock features. Interlock service providers shall not provide an ignition interlock code that disables the ignition interlock features to persons without first obtaining authorization from the commission.
10. The ignition interlock device shall automatically purge alcohol before allowing subsequent analyses.
11. The ignition interlock device shall issue a warning of an impending lockout.
12. The ignition interlock device shall be capable of random retesting and timed retesting.
13. The ignition interlock device shall warn the offender of
upcoming service appointments for at least three days prior to the appointment.
Should the offender fail to appear, the device shall
lock out lockout
on the fifth day after the scheduled appointment, and the motor vehicle shall
not be operable until the service provider has reset the device.
14. The internal memory of the ignition interlock device shall be capable of recording and storing a minimum of 500 interlock events and shall enter a service reminder if the memory reaches 90% of capacity.
15. The ignition interlock device shall be designed and
such a manner as to minimize opportunities to be
tampered with, altered, bypassed, or circumvented for tampering,
alteration, bypass, or circumvention. The ignition interlock device shall
not spontaneously bypass the ignition system nor shall it be able to be made
operational by any a mechanical means of providing air to
simulate alveolar breath. Any bogus Bogus breath
anti-circumvention features used to pass laboratory testing of the ignition
interlock device shall be turned on. In addition, service providers shall
connect the ignition interlock device to a constant and uninterrupted power
source to further prevent an opportunity to circumvent the system.
16. The ignition interlock device shall be capable of recording
and providing evidence of
any actual or attempted tampering, alteration,
bypass, or circumvention.
17. The ignition interlock device
operate accurately and reliably at temperatures between -20 and 70
degrees Celsius -40°C and 85°C.
18. The ignition interlock device shall operate up to altitudes of 2.5 km above sea level.
19. The readings of the ignition interlock device shall not be affected by humidity, dust, electromagnetic interference, smoke, exhaust fumes, food substance, or normal automobile vibration.
20. The operation of the ignition interlock device shall not be affected by normal fluctuations of power source voltage.
21. The ignition interlock shall be installed with a fully functional camera that is equipped to record the date, time, and photo of all persons providing breath samples to the ignition interlock device; however, this requirement shall not pertain to motorcycles and mopeds. In addition, service providers are required to present a reference photo of the offender to confirm the offender's identity.
G. All ignition interlock devices that have been approved by the commission shall have affixed a warning label with the following language: "Any person tampering with or attempting to circumvent this ignition interlock system shall be guilty of a Class 1 misdemeanor and, upon conviction, be subject to a fine or incarceration or both." The cost and supply of the warning labels to be affixed to the ignition interlock devices shall be borne by the manufacturer or service provider. The manufacturer or service provider shall submit to the commission a prototype of the warning label for approval.
H. For initial startup of the motor vehicle:
1. The ignition interlock device shall enable the
starter relay after the successful completion of a breath alcohol test.
2. The device shall allow an operator to take up to two
to elapse between the time the ignition is enabled and the start of
the motor vehicle after the starter relay is enabled to start the engine.
3. The ignition interlock device shall
allow the motor
vehicle to be restarted within two minutes of the engine being stopped without
requiring an additional test permit a free restart.
4. If the initial test results in a lockout due to the offender's BAC level, the ignition interlock device shall not allow an additional attempt for five minutes.
5. If the offender's BAC
is at or above still reaches
the fail point on the second first retest, the machine shall lock
out lockout for an additional 15 10 minutes and shall
do so thereafter for each subsequent failed retest retests.
A violation reset message shall instruct the offender to return the ignition
interlock device to the service provider for servicing within five days.
6. If the ignition interlock device is not reset within five days, a permanent lockout will occur.
I. A rolling retest feature is required for all ignition interlock devices. For rolling retests:
1. An ignition interlock device shall require a rolling retest
within the first
10 to 20 five minutes after the start of the
motor vehicle and randomly thereafter at least once every 20 45
to 40 60 minutes as long as the motor vehicle is in operation.
2. The ignition interlock device shall produce a visual and
audible signal of the need to produce a breath sample for the rolling retest.
The offender shall have
six 15 minutes in which to provide
the required rolling retest breath sample.
3. A free restart shall not apply if the ignition interlock device was awaiting a rolling retest that was not delivered.
Any A deep lung breath sample at or above the
fail point or any a failure to provide a rolling retest deep lung
breath sample within the required time , shall activate the motor vehicle's
horn and cause the motor vehicle's headlights, parking lights, or
emergency lights, or other light source approved by the commission to
flash until the engine is shut off by the offender or a passing breath test
5. Once the vehicle has been turned off, all prestart requirements shall become applicable.
6. The violations reset message shall instruct the offender to return the ignition interlock device to the service provider for servicing within five days.
7. If the ignition interlock device is not reset within five days, a permanent lockout will occur.
J. Additional technical specifications for the operation and installation of the ignition interlock device may be described in the contract between the commission and the service provider.
K. The vendor shall notify the commission in writing if the approval or certification of a device that is approved or has been submitted for approval for use in Virginia is or ever has been denied, withdrawn, suspended, or revoked in another state, whether the action occurred before or after approval in Virginia. This notification shall be made in a timely manner, not to exceed 15 days after the vendor has received notice of the denial, withdrawal, suspension, or revocation of approval or certification of the device, whether or not the action will or has been appealed.
24VAC35-60-80. Ignition interlock device installation.
A. No offender who has a case pending in the court system
shall have an interlock installed in Virginia unless enrolled in
monitored by , the ASAP program in the area where the case originated. Offenders
subject to a DMV ignition interlock requirement shall not have an interlock
installed in Virginia unless first authorized by the ASAP. Prior to
installation of the device, the vendor must receive written or electronic
authorization from the ASAP. This section also applies to out-of-state
offenders who have a Virginia ignition interlock requirement. This enables VASAP
the commission to maintain consistency in policy and use of ignition
interlock devices in the Commonwealth of Virginia and allows for a
consistent pattern of instruction to the service provider.
B. The ignition interlock device
must shall be
installed by a commission-approved manufacturer or authorized service
provider within 30 days of the date of the court order; if not, the service
provider will notify the ASAP. Once the ignition interlock has been
installed, the service provider will send an authorized installation report to
the ASAP, via a method established by the commission, documenting that the
ignition interlock device has been installed. Once verification of an
authorized installation has been received by the ASAP, DMV will be notified
that the offender has successfully installed the interlock device.
C. All agreements between the service provider and the
offender shall be in the form of a contract and
be signed by the service
provider and the offender. Copies of the written contract shall be retained by
the service provider with a copy given to the offender and the local ASAP
D. Prior to installation of the ignition interlock device,
must shall provide to the service provider:
1. Photo identification. If no photo identification is available at the time of installation, other adequate proof of identification may be accepted to avoid delay of the installation. However, photo identification must be presented prior to the first calibration appointment;
2. The name and policy number of their automobile insurance
The A copy of the registration or title containing
the vehicle identification number (VIN) of all motor vehicles owned or
routinely driven by the offender , and a statement disclosing the names
of all other operators of the motor vehicles owned or driven by the offender .;
4. A notarized affidavit, approved by the commission, from the registered owner of the vehicle granting permission to install the device if the car is not registered to the offender. If the owner is present at installation, provides valid identification, and signs the consent to install form in the service provider technician's presence, notarization of the consent to install form is not required; and
5. Written authorization from the commission if the air volume requirement, blow pressure, or anti-circumvention features of the ignition interlock device are to be lowered or disabled in order to compensate for an offender's diminished lung capacity, when applicable.
E. Under no circumstances shall an offender
anyone accompanying the offender be permitted to observe the
installation of the ignition interlock device.
F. The service provider
must shall inspect all
motor vehicles prior to installation of the device to ensure that they are in
acceptable mechanical and electrical condition. Under no circumstances shall
staff of the authorized service provider install any a device
until , and unless , the motor vehicle is approved following the
inspection. A pre-inspection checklist of the vehicle at installation shall
be completed and placed in the offender's file.
Each The installation shall include all of
the tamper-resistant features required by the service provider such as
unique seals, epoxies, or resins at all openings and exposed ignition
interlock electrical connections so as to make evident all attempts to
circumvent or otherwise alter the normal functioning of the ignition interlock.
At a minimum, the service provider shall ensure that the vehicle starter
wire connected to the ignition interlock is secured with uniquely identifiable
heat shrink tubing or its equivalent and that all connected wires are wrapped
with uniquely labeled service provider tape.
H. An oral, written, or video orientation to the ignition
interlock device will be developed and delivered by the service provider to the
offender and other persons who may drive the motor vehicle, including
information on the use and maintenance of the device as well as all service
center locations, and procedures for regular and emergency servicing. A
demonstration interlock will be available at
installation site for use in the training of customers.
I. If, during the installation, the offender fails to pass the
initial breath test, the installation
will shall be halted and
the ASAP notified.
J. The manufacturer
and/or or service provider must
shall maintain a toll-free 24-hour emergency phone service that may be
used to request assistance in the event of failure of the ignition interlock
device or motor vehicle problems related to operation of the ignition interlock
device. The assistance provided by the authorized service provider shall
include technical information and aid in obtaining towing or roadside service.
The expense of towing and roadside service shall be borne by the offender
unless it is determined by the service center technician that the ignition
interlock device failed through no fault of the offender, in which offender.
If this is the case, the manufacturer or service provider will be
responsible for applicable expenses. The ignition interlock device shall be
made functional within 48 hours of the call for assistance or the ignition
interlock device shall be replaced.
K. At the time of device installation, a service provider may
charge an installation fee. The maximum permissible cost for installation shall
be set by the
Commission on VASAP commission through contract,
and service providers will not be permitted to exceed the maximum fee
established by the commission. No installation fees shall be collected from
the user until services have been provided. A portion of these fees shall
include costs for offender indigency funds. In addition to the maximum fee
permitted, service providers may collect applicable taxes and charge for
optional insurance to cover device loss, theft, or damage. No
installation fees shall be collected from the user until such services have
been provided. Optional insurance shall be offered by the service
provider, and a written copy of the insurance policy stating clearly the
applicable coverages, coverage amounts, conditions, and exclusions shall be
given to offenders who purchase the insurance. When the ignition interlock is
installed on a motorcycle or moped, service providers may require offenders to
provide a saddle bag or similar waterproof container in which the device
components may be stored as a condition of eligibility for the optional
L. The manufacturer or the service provider
shall provide indigent service to those offenders who are
eligible for a reduction in fees based upon a declaration of indigence by the
court and approval by the commission.
M. No later than the first service appointment, the offender
shall provide to the service provider a statement from every the
licensed driver drivers who will be driving the offender's motor
vehicle acknowledging their understanding of the requirements of the use of the
ignition interlock device.
24VAC35-60-90. Calibration and monitoring visit.
The offender must present photo identification to the
service provider for all required services. Only calibration units (i)
found on the current National Highway Traffic Safety Administration's Conforming
Products List of Calibrating Units for Breath Alcohol Testers or (ii) approved
by the commission shall be used by the service provider to calibrate ignition
B. The service provider
service/monitoring service and monitoring
of the ignition interlock device every 30 days; the offender will be given a
five-day grace period to have the device inspected. All ignition interlock
calibrations shall occur at a service provider interlock service facility
unless otherwise approved by the commission;
2. Calibrate the ignition interlock device at each service appointment using a dry gas or wet bath reference sample. The service provider shall ensure that dry gas and wet bath reference values are adjusted in a manner approved by the commission;
3. Calibrate the ignition interlock device for accuracy by using a wet bath simulator or dry gas alcohol standard with an alcohol reference value between .030 and .050 g/210L;
4. Expel a three-second purge from the wet bath simulator or dry gas standard prior to introducing the alcohol reference sample into the ignition interlock device;
5. Perform an accuracy check that will consist of two consecutive reference checks with the result of each individual check being within plus or minus 10% or 0.003, whichever is smaller, of the alcohol reference value introduced into the ignition interlock device. The time period between the first and second consecutive accuracy check shall not exceed five minutes;
6. Use a mercury-in-glass thermometer or digital thermometer for wet bath simulators. The thermometers shall read 34°C, plus or minus 0.2°C, during analysis and be certified annually using a National Institute of Standards and Technology traceable digital reference thermometer. In addition, the service provider shall use alcohol reference solutions prepared and tested in a laboratory with reference values traceable to the National Institute of Standards and Technology. The 500 ml bottles containing simulator solution shall be tamper proof and labeled with the lot or batch number, value of the reference sample in g/210L, and date of preparation or expiration. Alcohol reference solutions must be used prior to expiration and within one year from the date of preparation. In addition, wet bath simulator solutions shall be replaced prior to every 16th test;
7. Store dry gas alcohol standard tanks in an environment where the temperature range remains between 10°C and 40°C. The dry gas tanks shall have a label attached that contains the components and concentration of the reference value of the gas, an expiration date that shall not be longer than three years from the date of preparation, and the lot or batch number. Dry gas alcohol standards must be certified to a known reference value and be traceable to the National Institute of Standards and Technology. The reference value shall be adjusted for changes in elevation and pressure. Interlock service facilities using a dry gas standard shall possess an elevation chart used to determine the proper reference value for the elevation where the gas standard is being used and a certificate of analysis from the dry gas standard manufacturer. Dry gas tanks shall be secured in a manner as to prevent harm to the public;
3. 8. Retrieve data from the ignition interlock
device data log for the previous period and electronically submit it to the local
ASAP within 24 hours of calibration .; 4. 9. Record the odometer reading of the motor
vehicle in which the ignition interlock device is installed.; 5. 10. Check the ignition interlock device and
wiring for signs of circumvention or tampering, and electronically report to
the local ASAP any violation violations to ASAP within 24 hours
of servicing. the required time frame established by the commission; 6. 11. Collect the monthly monitoring fee from
the offender. If an offender who has not been declared to be indigent by the
court is three or more months delinquent in payments, the service provider may,
in its discretion, refuse to provide calibration services, but shall not remove
the ignition interlock device without authorization from the commission;
12. Verify that the offender has a photo identification prior to calibrating the ignition interlock device if photo identification was not already presented at the time of installation; and
13. Conform to other calibration requirements established by the commission, as applicable.
C. All malfunctions of the ignition interlock device will be
repaired or the ignition interlock device replaced by the service provider
within 48 hours at no additional expense to the offender. If it is shown that
the malfunction is due to damage to the device as a result of
by the offender or improper use, and the offender
has not purchased optional insurance, then the offender will be responsible for
applicable repair fees.
D. A certified technician shall be available at the service
center during specified hours to answer questions and to deal with
mechanical concerns that may arise with a motor vehicle as a result of the
ignition interlock device.
E. The ignition interlock device shall record, at a minimum, the following data:
1. The time and date of
each failed breath test tests;
2. The time and date of
each passed breath test tests;
3. The breath alcohol level of
each test all tests;
4. The time and date of
any attempt attempts to
tamper or circumvent the ignition interlock device;
5. A photo of all persons submitting a breath test sample for analysis by the ignition interlock device; and
6. A reference photo of the offender.
F. At the time of device calibration, a service provider may
charge a monthly monitoring fee. The maximum permissible cost for monitoring
and calibration shall be set by the
Commission on VASAP commission
through contract the ignition interlock regulations, and service
providers shall not be permitted to exceed the maximum fee established by the
commission. A portion of these fees shall include costs for VASAP
administrative support and offender indigency funds. In addition to the maximum
fee permitted, service providers may collect applicable taxes and charge for
optional insurance to cover device theft or damage. Fees for the first monthly
monitoring and calibration visit will be collected from the user in advance at
the time of installation and monthly thereafter as such when
services are rendered.
24VAC35-60-100. Ignition interlock device removal.
A. Prior to removal of the ignition interlock device, the service provider must receive written or electronic authorization from the ASAP. This requirement also applies to offenders with a Virginia ignition interlock requirement who are receiving interlock services from a service provider in another state.
B. Offenders may not have their ignition interlock device
removed or replaced by another manufacturer without written or electronic
authorization from the
ASAP commission. Whenever removal of an
ignition interlock device was approved by the commission for the purpose of
changing service providers and the authorized removal was a result of a determination
that the initial service provider failed to provide a level of service meeting
contract requirements, the ignition interlock regulations, or the Code of
Virginia, the original service provider shall bear the costs associated with
installation of the device by the new service provider. C. If, at the time of removal, the service provider notices
any failed tests that have not been backed up by a successful test within 10-15
minutes of the original test, the ASAP will be notified for approval before the
removal is made. D. C. Once the interlock has been removed, the
service provider will send an authorized removal report to the ASAP via fax,
email, or online database, a method established by the commission
documenting that the ignition interlock device has been removed and that all
fees have been paid. Once verification of an authorized removal has been
received by the ASAP, DMV will be notified that the offender has successfully
completed the interlock requirements. E. D. Whenever an ignition interlock device is
removed, all components of the motor vehicle altered by the installation or
servicing of the ignition interlock device must shall be restored
to their original, preinstallation condition and removed in such a
manner so as not to impair the continued safe operation of the
vehicle. All severed wires must shall be permanently reconnected
(e.g., soldered) and properly insulated with heat shrink
tubing or its equivalent. A post-inspection checklist of the vehicle
shall be completed after removal of the device, documenting that the vehicle or
vehicles did or did not suffer damage due to interlock services provided by the
service provider. A copy of the post-inspection checklist shall be placed in
the offender's file. F. E. No fee shall be charged to the offender
for removal of the ignition interlock device.
F. No offender or person accompanying the offender shall be permitted to observe the removal of the ignition interlock device.
24VAC35-60-110. Records and reporting.
A. The service provider shall be subject to announced or
unannounced site reviews for the purpose of inspecting the facilities and
Access Upon request, access to all service provider
locations, records, and financial information shall be provided to any
member of the commission staff for the purpose of verifying
compliance with state law, commission regulations, and the service provider
B. In accordance with federal confidentiality guidelines, all
personal and medical information provided to the service provider regarding
offenders shall be kept confidential, maintained in individual offender files,
and secured within a lockable filing cabinet at the offender's service center.
This filing cabinet shall remain locked during
any period that the
periods when the service center is unattended by a service provider
Within 24 hours of After installing an
interlock, the service provider will shall provide the ASAP with
an installation report, within 24 hours, that includes:
1. The name, address, and telephone number of the offender;
2. The owner, make, model, year, vehicle identification number, license plate number, and registration information of the motor vehicle; and
3. The serial number of the ignition interlock device installed.
Within 24 hours after After performing a monitoring/calibration
monitoring and calibration check, the service provider shall submit to
the local ASAP, within 24 hours, all data generated to include:
1. Name of the offender whose device was monitored
2. Name, address, and telephone number of the monitoring
3. Date of
monitoring/calibration. monitoring and
4. Motor vehicle make, model, year, identification number, and
5. Number of miles driven during the monitoring period
6. Make, model, and serial number of the ignition interlock
Any A change out of the device (handset and/or
or control box) and reason for the change out .;
Any data Data indicating that the offender has
attempted to start or drive the motor vehicle with a positive BAC at or above
the fail point .;
Any attempts Attempts to alter, tamper,
circumvent, bypass, or otherwise remove the device .;
Any noncompliance Noncompliance with
conditions of the ASAP or interlock program .;
Any offender Offender concerns .;
All charges Charges incurred for the
monitoring visit .;
13. Date of next scheduled monitoring visit
14. A photo of all persons who have attempted to provide a breath test sample on the ignition interlock device; and
15. A reference photo of the offender.
E. In addition, the service provider
have available monthly reports detailing:
All installations Installations during the
period covered .;
All calibrations Calibrations performed during
the period, by date and offender name, detailing any unit replacements made
during the monitoring period .;
All datalogger Datalogger information from each
all ignition interlock device. devices;
Any evidence Evidence of misuse, abuse, or
attempts to tamper with the ignition interlock device .;
Any device Device failure due to material
defect or improper installation .; and
6. A summary of
all complaints received and corrective
F. The service provider shall be responsible for purchasing
and providing necessary computer hardware and software to convey all data and
information requested by the commission if
such the equipment is not
already present at the commission office or local the ASAP.
Reports Accurate reports shall be submitted
to the local ASAP in the format specified by the Commission on VASAP
24VAC35-60-120. General service provider requirements.
Interlock service providers that are approved to perform ignition interlock services in the Commonwealth of Virginia shall:
1. Abide by all commission memorandums, directives, contract terms, and regulations pertaining to the statewide ignition interlock program unless prohibited by state law.
2. Resolve offender, court, DMV, ASAP, commission, and other stakeholder complaints as directed by the commission.
3. Install all ASAP authorized ignition interlock installations within the time parameters set forth by the commission. In situations where an interlock service facility or facilities become inoperable due to a large scale weather event or some other verified unforeseen circumstances, the service provider shall contact the commission within 24 hours with an action plan to mitigate the impact to customer service.
4. Resolve ignition interlock service facility compliance issues as directed by the commission.
5. Obtain approval from the commission before disseminating any training or advertising materials used in association with the Virginia interlock program.
6. Make modifications to the service provider company website that is used to review monthly calibration reports, upon reasonable request by the commission. Reasonable requests include, but are not limited to, changes due to language that is confusing, misleading, offensive, or inaccurate; changes required due to updated technology; changes to the Code of Virginia or the ignition interlock regulations; changes in workload; or changes in product enhancements.
7. Assume full liability for action taken or not taken by an ASAP or the commission due to an inaccurate or misleading report, whether electronic or hard copy, provided by the service provider.
8. Be accountable for Virginia offenders with ignition interlock devices installed by its company in another state and shall ensure that all Virginia interlock processes, regulations, request for proposal terms, contract terms, and commission requirements are met unless prohibited by state law.
9. Notify the commission within 15 days of disciplinary action received from a state where the service provider conducts or has conducted ignition interlock business. This notification shall include the reason for the disciplinary action. This requirement applies regardless of the existence of an appeal.
10. Provide information technology assistance and training, per reasonable request, to the commission when requested.
11. Report all changes to the ignition interlock device software or firmware, whether temporary or permanent, to the commission within 30 days of release in the Commonwealth of Virginia.
12. Not modify or remove an interlock device that is the subject of an investigation by the commission.
24VAC35-60-130. Service provider technician certification.
A. Service provider state directors and technicians are required to possess a Virginia Ignition Interlock Certification Letter to perform ignition interlock services in the Commonwealth of Virginia. In order to apply for a certification letter, service providers shall submit a completed application to the commission for approval of newly hired technicians and state directors. If approved by the commission, this application process may be waived for technicians and state directors providing interlock services in the Commonwealth of Virginia prior to June 30, 2015. The completed application for applicants shall include submission of:
1. A completed applicant form provided by the commission;
2. A complete local and national criminal history check;
3. A complete driver's record; and
4. Documentation issued by the commission of successful completion of the Virginia Ignition Interlock Certification Exam.
Failure to submit a completed application will result in disqualification from consideration for a Virginia Ignition Interlock Certification Letter by the commission to perform ignition interlock services in the Commonwealth of Virginia. The commission reserves the right to deny a certification letter to an interlock service provider technician or state director due to concerns identified in the application to include, but not be limited to, criminal history background and driver's transcript issues.
B. Applicants will be required to complete a Virginia Ignition Interlock Certification Exam. Successful completion of the exam requires a score of 80% or higher. Applicants who fail to successfully complete the state certification exam on the first attempt will be allowed a second opportunity to successfully complete the exam. Applicants who fail to successfully complete the state certification exam on the second attempt will not be allowed to reapply to provide ignition interlock services for the Commonwealth of Virginia for six months from the date of the second failed exam. Service providers will be required to pay an administrative fee, as provided in 24VAC35-60-50 B 3, to the commission for all second and subsequent attempts to successfully complete the state certification exam. Applicants who successfully pass the state certification exam will receive documentation of successful completion from the commission that shall be submitted with the application for a Virginia Ignition Interlock Certification Letter to perform ignition nterlock services in the Commonwealth of Virginia.
C. The commission may revoke, suspend, or terminate a previously issued Virginia Ignition Interlock Certification Letter for a service provider technician or state director for any of the following reasons:
1. The technician or state director is convicted of a felony;
2. The technician or state director is convicted of a misdemeanor potentially punishable by confinement;
3. The technician or state director commits an unethical or dishonest act that negatively impacts the integrity of the ignition interlock program;
4. The technician or state director fails to demonstrate the ability to consistently comply with ordinances, statutes, administrative rules, or court orders, whether at the local, state, or federal level; or
5. The technician or state director fails to demonstrate possession of the knowledge required to perform ignition interlock services in the Commonwealth of Virginia.
A service provider technician or state director whose Virginia Ignition Interlock Certification Letter has been suspended or revoked may request, within 15 days of notification, a hearing with the commission to contest the decision. In the event that the decision to suspend or revoke the Virginia Ignition Interlock Certification Letter of a service provider's technician or state director is upheld, the technician or state director shall not perform interlock services in the Commonwealth of Virginia for the entire suspension period, to include any period of contestment, or in the case of a revocation or termination, on a permanent basis. The service provider is required to return the Virginia Ignition Interlock Certification Letter to the commission within 15 days of the date that the certification was suspended, revoked, or terminated, by the commission.
D. Once the completed application has been approved by the commission and all other qualifications have been met by the applicant, a Virginia Ignition Interlock Certification Letter to perform ignition interlock services in the Commonwealth of Virginia will be issued to the applicant by the commission. The certification letter shall contain the effective date of the letter and a certification number specific to the applicant. The certification letter will be valid for a time period specified by the commission unless otherwise suspended, revoked, or terminated but for no longer than the service provider contract end date. In the event that an applicant is not approved for a Virginia Ignition Interlock Certification Letter to perform interlock services in the Commonwealth of Virginia, the commission will notify the service provider in writing within 10 days of the determination. The Virginia Ignition Interlock Certification Letter is subject to review by the commission at its discretion during the course of the certification period.
E. An application to renew a Virginia Ignition Interlock Certification Letter for an ignition interlock technician or state director shall be submitted 30 days prior to the expiration date printed on the current certification letter. A technician or state director who has had his state certification revoked or terminated shall be ineligible to reapply for a Virginia Ignition Interlock Certification Letter unless otherwise approved by the commission.
F. Service providers are required to surrender Virginia Ignition Interlock Certification Letters for technicians and state directors who are no longer employed with their company. The surrendered certification letter is to be sent to the commission within 15 days of the date that the technician or state director is no longer employed with the service provider.
G. In addition to the successful completion of the Virginia Ignition Interlock Certification Exam required for application, the commission may order that a technician or state director performing ignition interlock services in the Commonwealth of Virginia review requirements and retake the state certification exam to demonstrate that the technician or state director possesses the knowledge required to perform ignition interlock services in the Commonwealth of Virginia.