Administrative Code

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Virginia Administrative Code
Title 24. Transportation And Motor Vehicles
Agency 35. Commission On The Virginia Alcohol Safety Action Program
Chapter 60. Ignition Interlock Program Regulations

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 commission. Whenever removal of an ignition interlock device is approved by the commission for the purpose of changing service providers and the authorized removal is 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. Once the interlock has been removed, the service provider shall send an authorized removal report to the ASAP via a method established by the commission documenting that the ignition interlock device has been removed. Once verification of an authorized removal has been received by the ASAP, DMV shall be notified that the offender has successfully completed the interlock requirements.

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 shall be restored to their original, preinstallation condition and removed in a manner so as not to impair the continued safe operation of the vehicle. All severed wires shall be permanently reconnected (soldered) and properly insulated. A commission-approved, 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.

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.

Statutory Authority

§§ 18.2-270.1 and 18.2-270.2 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 5, eff. January 1, 2010; amended, Virginia Register Volume 32, Issue 21, eff. July 18, 2016.

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