Section 1198 – Interlock Devices

Repealed effective Sep. 1, 2015

ยง 1198. Installation and operation of ignition interlock devices.
1. Applicability. The provisions of this section shall apply throughout
the state to each person required or otherwise ordered by a court as a
condition of probation or conditional discharge to install and operate
an ignition interlock device in any vehicle which he or she owns or
operates.
2. Requirements. (a) In addition to any other penalties prescribed by
law, the court shall require that any person who has been convicted of a
violation of subdivision two, two-a or three of section eleven hundred
ninety-two of this article, or any crime defined by this chapter or the
penal law of which an alcohol-related violation of any provision of
section eleven hundred ninety-two of this article is an essential
element, to install and maintain, as a condition of probation or
conditional discharge, a functioning ignition interlock device in
accordance with the provisions of this section and, as applicable, in
accordance with the provisions of subdivisions one and one-a of section
eleven hundred ninety-three of this article; provided, however, the
court may not authorize the operation of a motor vehicle by any person
whose license or privilege to operate a motor vehicle has been revoked
except as provided herein. For any such individual subject to a sentence
of probation, installation and maintenance of such ignition interlock
device shall be a condition of probation.
(b) Nothing contained in this section shall prohibit a court, upon
application by a probation department, from modifying the conditions of
probation of any person convicted of any violation set forth in
paragraph (a) of this subdivision prior to the effective date of this
section, to require the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter be subject
to the provisions of this section.
(c) Nothing contained in this section shall authorize a court to
sentence any person to a period of probation or conditional discharge
for the purpose of subjecting such person to the provisions of this
section, unless such person would have otherwise been so eligible for a
sentence of probation or conditional discharge.
3. Conditions. (a) Notwithstanding any other provision of law, the
commissioner may grant a post-revocation conditional license, as set
forth in paragraph (b) of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a or three of section
eleven hundred ninety-two of this article and who has been sentenced to
a period of probation or conditional discharge, provided the person has
satisfied the minimum period of license revocation established by law
and the commissioner has been notified that such person may operate only
a motor vehicle equipped with a functioning ignition interlock device.
No such request shall be made nor shall such a license be granted,
however, if such person has been found by a court to have committed a
violation of section five hundred eleven of this chapter during the
license revocation period or deemed by a court to have violated any
condition of probation or conditional discharge set forth by the court
relating to the operation of a motor vehicle or the consumption of
alcohol. In exercising discretion relating to the issuance of a
post-revocation conditional license pursuant to this subdivision, the
commissioner shall not deny such issuance based solely upon the number
of convictions for violations of any subdivision of section eleven
hundred ninety-two of this article committed by such person within the
ten years prior to application for such license. Upon the termination of
the period of probation or conditional discharge set by the court, the
person may apply to the commissioner for restoration of a license or
privilege to operate a motor vehicle in accordance with this chapter.
(b) Notwithstanding any inconsistent provision of this chapter, a
post-revocation conditional license granted pursuant to paragraph (a) of
this subdivision shall be valid only for use by the holder thereof, (1)
enroute to and from the holder’s place of employment, (2) if the
holder’s employment requires the operation of a motor vehicle then
during the hours thereof, (3) enroute to and from a class or course at
an accredited school, college or university or at a state approved
institution of vocational or technical training, (4) to and from court
ordered probation activities, (5) to and from a motor vehicle office for
the transaction of business relating to such license, (6) for a three
hour consecutive daytime period, chosen by the department, on a day
during which the participant is not engaged in usual employment or
vocation, (7) enroute to and from a medical examination or treatment as
part of a necessary medical treatment for such participant or member of
the participant’s household, as evidenced by a written statement to that
effect from a licensed medical practitioner, (8) enroute to and from a
class or an activity which is an authorized part of the alcohol and drug
rehabilitation program and at which participant’s attendance is
required, and (9) enroute to and from a place, including a school, at
which a child or children of the participant are cared for on a regular
basis and which is necessary for the participant to maintain such
participant’s employment or enrollment at an accredited school, college
or university or at a state approved institution of vocational or
technical training.
(c) The post-revocation conditional license described in this
subdivision may be revoked by the commissioner for sufficient cause
including but not limited to, failure to comply with the terms of the
condition of probation or conditional discharge set forth by the court,
conviction of any traffic offense other than one involving parking,
stopping or standing or conviction of any alcohol or drug related
offense, misdemeanor or felony or failure to install or maintain a court
ordered ignition interlock device.
(d) Nothing contained herein shall prohibit the court from requiring,
as a condition of probation or conditional discharge, the installation
of a functioning ignition interlock device in any vehicle owned or
operated by a person sentenced for a violation of subdivision two,
two-a, or three of section eleven hundred ninety-two of this chapter, or
any crime defined by this chapter or the penal law of which an
alcohol-related violation of any provision of section eleven hundred
ninety-two of this chapter is an essential element, if the court in its
discretion, determines that such a condition is necessary to ensure the
public safety. Imposition of an ignition interlock condition shall in no
way limit the effect of any period of license suspension or revocation
set forth by the commissioner or the court.
(e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed by law,
including treatment for alcohol or drug abuse, restitution and community
service.
(f) The commissioner shall note on the operator’s record of any person
restricted pursuant to this section that, in addition to any other
restrictions, conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
4. Proof of compliance and recording of condition. (a) Following
imposition by the court of the use of an ignition interlock device as a
condition of probation or conditional discharge it shall require the
person to provide proof of compliance with this section to the court and
the probation department where such person is under probation or
conditional discharge supervision. If the person fails to provide for
such proof of installation, absent a finding by the court of good cause
for that failure which is entered in the record, the court may revoke,
modify, or terminate the person’s sentence of probation or conditional
discharge as provided under law.
(b) When a court imposes the condition specified in subdivision one of
this section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the commissioner shall note such
condition on the operating record of the person subject to such
conditions.
5. Cost, installation and maintenance. (a) The cost of installing and
maintaining the ignition interlock device shall be borne by the person
subject to such condition unless the court determines such person is
financially unable to afford such cost whereupon such cost may be
imposed pursuant to a payment plan or waived. In the event of such
waiver, the cost of the device shall be borne in accordance with
regulations issued under paragraph (g) of subdivision one of section
eleven hundred ninety-three of this article or pursuant to such other
agreement as may be entered into for provision of the device. Such cost
shall be considered a fine for the purposes of subdivision five of
section 420.10 of the criminal procedure law. Such cost shall not
replace, but shall instead be in addition to, any fines, surcharges, or
other costs imposed pursuant to this chapter or other applicable laws.
(b) The installation and service provider of the device shall be
responsible for the installation, calibration, and maintenance of such
device.
6. Certification. (a) The commissioner of the department of health
shall approve ignition interlock devices for installation pursuant to
subdivision one of this section and shall publish a list of approved
devices.
(b) After consultation with manufacturers of ignition interlock
devices and the national highway traffic safety administration, the
commissioner of the department of health, in consultation with the
commissioner and the office of probation and correctional alternatives,
shall promulgate regulations regarding standards for, and use of,
ignition interlock devices. Such standards shall include provisions for
setting a minimum and maximum calibration range and shall include, but
not be limited to, requirements that the devices:
(1) have features that make circumventing difficult and that do not
interfere with the normal or safe operation of the vehicle;
(2) work accurately and reliably in an unsupervised environment;
(3) resist tampering and give evidence if tampering is attempted;
(4) minimize inconvenience to a sober user;
(5) require a proper, deep, lung breath sample or other accurate
measure of blood alcohol content equivalence;
(6) operate reliably over the range of automobile environments;
(7) correlate well with permissible levels of alcohol consumption as
may be established by the sentencing court or by any provision of law;
and
(8) are manufactured by a party covered by product liability
insurance.
(c) The commissioner of the department of health may, in his
discretion, adopt in whole or relevant part, the guidelines, rules,
regulations, studies, or independent laboratory tests performed on and
relied upon for the certification or approval of ignition interlock
devices by other states, their agencies or commissions.
7. Use of other vehicles. (a) Any requirement of this article or the
penal law that a person operate a vehicle only if it is equipped with an
ignition interlock device shall apply to every motor vehicle operated by
that person including, but not limited to, vehicles that are leased,
rented or loaned.
(b) No person shall knowingly rent, lease, or lend a motor vehicle to
a person known to have had his or her driving privilege restricted to
vehicles equipped with an ignition interlock device unless the vehicle
is so equipped. Any person whose driving privilege is so restricted
shall notify any other person who rents, leases, or loans a motor
vehicle to him or her of such driving restriction.
(c) A violation of paragraph (a) or (b) of this subdivision shall be a
misdemeanor.
8. Employer vehicle. Notwithstanding the provisions of subdivision one
and paragraph (d) of subdivision nine of this section, if a person is
required to operate a motor vehicle owned by said person’s employer in
the course and scope of his or her employment, the person may operate
that vehicle without installation of an approved ignition interlock
device only in the course and scope of such employment and only if the
employer has been notified that the person’s driving privilege has been
restricted under the provisions of this article or the penal law and the
person whose privilege has been so restricted has provided the court and
probation department with written documentation indicating the employer
has knowledge of the restriction imposed and has granted permission for
the person to operate the employer’s vehicle without the device only for
business purposes. The person shall notify the court and the probation
department of his or her intention to so operate the employer’s vehicle.
A motor vehicle owned by a business entity which business entity is all
or partly owned or controlled by a person otherwise subject to the
provisions of this article or the penal law is not a motor vehicle owned
by the employer for purposes of the exemption provided in this
subdivision. The provisions of this subdivision shall apply only to the
operation of such vehicle in the scope of such employment.
9. Circumvention of interlock device. (a) No person whose driving
privilege is restricted pursuant to this article or the penal law shall
request, solicit or allow any other person to blow into an ignition
interlock device, or to start a motor vehicle equipped with the device,
for the purpose of providing the person so restricted with an operable
motor vehicle.
(b) No person shall blow into an ignition interlock device or start a
motor vehicle equipped with the device for the purpose of providing an
operable motor vehicle to a person whose driving privilege is so
restricted.
(c) No person shall tamper with or circumvent an otherwise operable
ignition interlock device.
(d) No person subject to a court ordered ignition interlock device
shall operate a motor vehicle without such device.
(e) In addition to any other provisions of law, any person convicted
of a violation of paragraph (a), (b), (c), or (d) of this subdivision
shall be guilty of a Class A misdemeanor.
10. Warning label. The department of health shall design a warning
label which the manufacturer shall affix to each ignition interlock
device upon installation in the state. The label shall contain a warning
that any person tampering, circumventing, or otherwise misusing the
device is guilty of a misdemeanor and may be subject to civil liability.

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