§ 1198 — Installation and operation of ignition interlock devices

New York § 1198

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 7: Rules of the Road
• Art. 31: Alcohol and Drug-related Offenses and Procedures Applicable Thereto

Text

* § 1198. Installation and operation of ignition interlock devices.\n1. Applicability. The provisions of this section shall apply throughout\nthe state to each person required or otherwise ordered by a court as a\ncondition of probation or conditional discharge to install and operate\nan ignition interlock device in any vehicle which he or she owns or\noperates.\n 2. Requirements. (a) In addition to any other penalties prescribed by\nlaw, the court shall require that any person who has been convicted of a\nviolation of subdivision two, two-a or three of section eleven hundred\nninety-two of this article, or any crime defined by this chapter or the\npenal law of which an alcohol-related violation of any provision of\nsection eleven hundred ninety-two of this article is an essential\nelement, to install and maintain, as a condition of probation or\nconditional discharge, a functioning ignition interlock device in\naccordance with the provisions of this section and, as applicable, in\naccordance with the provisions of subdivisions one and one-a of section\neleven hundred ninety-three of this article; provided, however, the\ncourt may not authorize the operation of a motor vehicle by any person\nwhose license or privilege to operate a motor vehicle has been revoked\nexcept as provided herein. For any such individual subject to a sentence\nof probation, installation and maintenance of such ignition interlock\ndevice shall be a condition of probation.\n (b) Nothing contained in this section shall prohibit a court, upon\napplication by a probation department, from modifying the conditions of\nprobation of any person convicted of any violation set forth in\nparagraph (a) of this subdivision prior to the effective date of this\nsection, to require the installation and maintenance of a functioning\nignition interlock device, and such person shall thereafter be subject\nto the provisions of this section.\n (c) Nothing contained in this section shall authorize a court to\nsentence any person to a period of probation or conditional discharge\nfor the purpose of subjecting such person to the provisions of this\nsection, unless such person would have otherwise been so eligible for a\nsentence of probation or conditional discharge.\n 3. Conditions. (a) Notwithstanding any other provision of law, the\ncommissioner may grant a post-revocation conditional license, as set\nforth in paragraph (b) of this subdivision, to a person who has been\nconvicted of a violation of subdivision two, two-a or three of section\neleven hundred ninety-two of this article and who has been sentenced to\na period of probation or conditional discharge, provided the person has\nsatisfied the minimum period of license revocation established by law\nand the commissioner has been notified that such person may operate only\na motor vehicle equipped with a functioning ignition interlock device.\nNo such request shall be made nor shall such a license be granted,\nhowever, if such person has been found by a court to have committed a\nviolation of section five hundred eleven of this chapter during the\nlicense revocation period or deemed by a court to have violated any\ncondition of probation or conditional discharge set forth by the court\nrelating to the operation of a motor vehicle or the consumption of\nalcohol. In exercising discretion relating to the issuance of a\npost-revocation conditional license pursuant to this subdivision, the\ncommissioner shall not deny such issuance based solely upon the number\nof convictions for violations of any subdivision of section eleven\nhundred ninety-two of this article committed by such person within the\nten years prior to application for such license. Upon the termination of\nthe period of probation or conditional discharge set by the court, the\nperson may apply to the commissioner for restoration of a license or\nprivilege to operate a motor vehicle in accordance with this chapter.\n (b) Notwithstanding any inconsistent provision of this chapter, a\npost-revocation conditional license granted pursuant to paragraph (a) of\nthis subdivision shall be valid only for use by the holder thereof, (1)\nenroute to and from the holder's place of employment, (2) if the\nholder's employment requires the operation of a motor vehicle then\nduring the hours thereof, (3) enroute to and from a class or course at\nan accredited school, college or university or at a state approved\ninstitution of vocational or technical training, (4) to and from court\nordered probation activities, (5) to and from a motor vehicle office for\nthe transaction of business relating to such license, (6) for a three\nhour consecutive daytime period, chosen by the department, on a day\nduring which the participant is not engaged in usual employment or\nvocation, (7) enroute to and from a medical examination or treatment as\npart of a necessary medical treatment for such participant or member of\nthe participant's household, as evidenced by a written statement to that\neffect from a licensed medical practitioner, (8) enroute to and from a\nclass or an activity which is an authorized part of the alcohol and drug\nrehabilitation program and at which participant's attendance is\nrequired, and (9) enroute to and from a place, including a school, at\nwhich a child or children of the participant are cared for on a regular\nbasis and which is necessary for the participant to maintain such\nparticipant's employment or enrollment at an accredited school, college\nor university or at a state approved institution of vocational or\ntechnical training.\n (c) The post-revocation conditional license described in this\nsubdivision may be revoked by the commissioner for sufficient cause\nincluding but not limited to, failure to comply with the terms of the\ncondition of probation or conditional discharge set forth by the court,\nconviction of any traffic offense other than one involving parking,\nstopping or standing or conviction of any alcohol or drug related\noffense, misdemeanor or felony or failure to install or maintain a court\nordered ignition interlock device.\n (d) Nothing contained herein shall prohibit the court from requiring,\nas a condition of probation or conditional discharge, the installation\nof a functioning ignition interlock device in any vehicle owned or\noperated by a person sentenced for a violation of subdivision two,\ntwo-a, or three of section eleven hundred ninety-two of this chapter, or\nany crime defined by this chapter or the penal law of which an\nalcohol-related violation of any provision of section eleven hundred\nninety-two of this chapter is an essential element, if the court in its\ndiscretion, determines that such a condition is necessary to ensure the\npublic safety. Imposition of an ignition interlock condition shall in no\nway limit the effect of any period of license suspension or revocation\nset forth by the commissioner or the court.\n (e) Nothing contained herein shall prevent the court from applying any\nother conditions of probation or conditional discharge allowed by law,\nincluding treatment for alcohol or drug abuse, restitution and community\nservice.\n (f) The commissioner shall note on the operator's record of any person\nrestricted pursuant to this section that, in addition to any other\nrestrictions, conditions or limitations, such person may operate only a\nmotor vehicle equipped with an ignition interlock device.\n 4. Proof of compliance and recording of condition. (a) Following\nimposition by the court of the use of an ignition interlock device as a\ncondition of probation or conditional discharge it shall require the\nperson to provide proof of compliance with this section to the court and\nthe probation department or other monitor where such person is under\nprobation or conditional discharge supervision. If the person fails to\nprovide for such proof of installation, absent a finding by the court of\ngood cause for that failure which is entered in the record, the court\nmay revoke, modify, or terminate the person's sentence of probation or\nconditional discharge as provided under law. Good cause may include a\nfinding that the person is not the owner of a motor vehicle if such\nperson asserts under oath that such person is not the owner of any motor\nvehicle and that he or she will not operate any motor vehicle during the\nperiod of interlock restriction except as may be otherwise authorized\npursuant to law. "Owner" shall have the same meaning as provided in\nsection one hundred twenty-eight of this chapter.\n (b) When a court imposes the condition specified in subdivision one of\nthis section, the court shall notify the commissioner in such manner as\nthe commissioner may prescribe, and the commissioner shall note such\ncondition on the operating record of the person subject to such\nconditions.\n 5. Cost, installation and maintenance. (a) The cost of installing and\nmaintaining the ignition interlock device shall be borne by the person\nsubject to such condition unless the court determines such person is\nfinancially unable to afford such cost whereupon such cost may be\nimposed pursuant to a payment plan or waived. In the event of such\nwaiver, the cost of the device shall be borne in accordance with\nregulations issued under paragraph (g) of subdivision one of section\neleven hundred ninety-three of this article or pursuant to such other\nagreement as may be entered into for provision of the device. Such cost\nshall be considered a fine for the purposes of subdivision five of\nsection 420.10 of the criminal procedure law. Such cost shall not\nreplace, but shall instead be in addition to, any fines, surcharges, or\nother costs imposed pursuant to this chapter or other applicable laws.\n (b) The installation and service provider of the device shall be\nresponsible for the installation, calibration, and maintenance of such\ndevice.\n 6. Certification. (a) The commissioner of the department of health\nshall approve ignition interlock devices for installation pursuant to\nsubdivision one of this section and shall publish a list of approved\ndevices.\n (b) After consultation with manufacturers of ignition interlock\ndevices and the national highway traffic safety administration, the\ncommissioner of the department of health, in consultation with the\ncommissioner and the office of probation and correctional alternatives,\nshall promulgate regulations regarding standards for, and use of,\nignition interlock devices. Such standards shall include provisions for\nsetting a minimum and maximum calibration range and shall include, but\nnot be limited to, requirements that the devices:\n (1) have features that make circumventing difficult and that do not\ninterfere with the normal or safe operation of the vehicle;\n (2) work accurately and reliably in an unsupervised environment;\n (3) resist tampering and give evidence if tampering is attempted;\n (4) minimize inconvenience to a sober user;\n (5) require a proper, deep, lung breath sample or other accurate\nmeasure of blood alcohol content equivalence;\n (6) operate reliably over the range of automobile environments;\n (7) correlate well with permissible levels of alcohol consumption as\nmay be established by the sentencing court or by any provision of law;\nand\n (8) are manufactured by a party covered by product liability\ninsurance.\n (c) The commissioner of the department of health may, in his\ndiscretion, adopt in whole or relevant part, the guidelines, rules,\nregulations, studies, or independent laboratory tests performed on and\nrelied upon for the certification or approval of ignition interlock\ndevices by other states, their agencies or commissions.\n 7. Use of other vehicles. (a) Any requirement of this article or the\npenal law that a person operate a vehicle only if it is equipped with an\nignition interlock device shall apply to every motor vehicle operated by\nthat person including, but not limited to, vehicles that are leased,\nrented or loaned.\n (b) No person shall knowingly rent, lease, or lend a motor vehicle to\na person known to have had his or her driving privilege restricted to\nvehicles equipped with an ignition interlock device unless the vehicle\nis so equipped. Any person whose driving privilege is so restricted\nshall notify any other person who rents, leases, or loans a motor\nvehicle to him or her of such driving restriction.\n (c) A violation of paragraph (a) or (b) of this subdivision shall be a\nmisdemeanor.\n 8. Employer vehicle. Notwithstanding the provisions of subdivision one\nand paragraph (d) of subdivision nine of this section, if a person is\nrequired to operate a motor vehicle owned by said person's employer in\nthe course and scope of his or her employment, the person may operate\nthat vehicle without installation of an approved ignition interlock\ndevice only in the course and scope of such employment and only if the\nemployer has been notified that the person's driving privilege has been\nrestricted under the provisions of this article or the penal law and the\nperson whose privilege has been so restricted has provided the court and\nprobation department with written documentation indicating the employer\nhas knowledge of the restriction imposed and has granted permission for\nthe person to operate the employer's vehicle without the device only for\nbusiness purposes. The person shall notify the court and the probation\ndepartment of his or her intention to so operate the employer's vehicle.\nA motor vehicle owned by a business entity which business entity is all\nor partly owned or controlled by a person otherwise subject to the\nprovisions of this article or the penal law is not a motor vehicle owned\nby the employer for purposes of the exemption provided in this\nsubdivision. The provisions of this subdivision shall apply only to the\noperation of such vehicle in the scope of such employment.\n 9. Circumvention of interlock device. (a) No person whose driving\nprivilege is restricted pursuant to this article or the penal law shall\nrequest, solicit or allow any other person to blow into an ignition\ninterlock device, or to start a motor vehicle equipped with the device,\nfor the purpose of providing the person so restricted with an operable\nmotor vehicle.\n (b) No person shall blow into an ignition interlock device or start a\nmotor vehicle equipped with the device for the purpose of providing an\noperable motor vehicle to a person whose driving privilege is so\nrestricted.\n (c) No person shall tamper with or circumvent an otherwise operable\nignition interlock device.\n (d) No person subject to a court ordered ignition interlock device\nshall operate a motor vehicle without such device.\n (e) In addition to any other provisions of law, any person convicted\nof a violation of paragraph (a), (b), (c), or (d) of this subdivision\nshall be guilty of a Class A misdemeanor.\n 10. Warning label. The department of health shall design a warning\nlabel which the manufacturer shall affix to each ignition interlock\ndevice upon installation in the state. The label shall contain a warning\nthat any person tampering, circumventing, or otherwise misusing the\ndevice is guilty of a misdemeanor and may be subject to civil liability.\n * NB Repealed September 1, 2027\n