2010 New York Code
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 31 - (1192 - 1199) ALCOHOL AND DRUG-RELATED OFFENSES AND PROCEDURES APPLICABLE THERETO
1198 - Installation and operation of ignition interlock devices.

* § 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  whose  license  or privilege to operate a motor vehicle has been revoked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.
    * NB Repealed September 1, 2011

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