N.Y. VAT. LAW § 1198 : NY Code - Section 1198: Installation and operation of ignition interlock devices

Search N.Y. VAT. LAW § 1198 : NY Code - Section 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 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 may 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,  and  who  has been sentenced to a period of probation, install
  and maintain, as  a  condition  of  probation,  a  functioning  ignition
  interlock  device  in  accordance  with  the provisions of this section;
  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  vehicle has been revoked except as provided herein.
    (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  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.
    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,  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 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 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 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.
    (d) Nothing contained herein shall prohibit the court from  requiring,
  as  a condition of probation, 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 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)  If  the  court
  imposed  the  use  of  an  ignition  interlock  device as a condition of
  probation 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 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 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. 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  director  of  the  division  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
  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) In addition to any other provisions of law, any  person  convicted
  of a violation of paragraph (a), (b) or (c) of this subdivision shall be
  guilty of 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.
    * NB Repealed September 1, 2011