Section 257.625k - Ignition interlock device; approval; certification; list of manufacturers; rules; cost; notice to department by certifying laboratory; unlawful conduct; penalties.
MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
***** 257.625k THIS SECTION IS AMENDED EFFECTIVE OCTOBER 31, 2010: See 257.625k.amended *****
257.625k Ignition interlock device; approval; certification; list of manufacturers; rules; cost; notice to department by certifying laboratory; unlawful conduct; penalties.
Sec. 625k.
(1) The department shall approve an ignition interlock device certified by a department-approved laboratory as complying with the national highway traffic safety administration's model specifications for breath alcohol ignition interlock devices (BAIID), 57 F.R. p. 11772, April 7, 1992. Subject to subsection (5), the department shall publish a list of all manufacturers of approved certified devices.
(2) The secretary of state shall promulgate rules to implement this section in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(3) The manufacturer of an ignition interlock device shall bear the cost of that device's certification.
(4) A laboratory that certifies an ignition interlock device as provided in this section shall immediately notify the department of that certification.
(5) The department shall not include the manufacturer of a certified ignition interlock device on the list of manufacturers published under subsection (1) unless the manufacturer complies with all of the following:
(a) The manufacturer has filed copies of all of the following with the department:
(i) A bond executed as provided in section 625o or a letter of credit.
(ii) Evidence of insurance as described in section 625l.
(iii) An affidavit that the ignition interlock device is all of the following:
(A) An alcohol concentration measuring device that prevents a motor vehicle from being started at any time without first determining through a deep lung sample the operator's breath alcohol level.
(B) Calibrated to render the motor vehicle incapable of being started if the device detects an alcohol content of 0.025 grams or more per 210 liters of breath of the person who offers a breath sample.
(C) Set to periodically take samples while the vehicle is in operation and to do 1 or both of the following:
(I) Emit a warning signal when the device detects an alcohol content of 0.025 grams or more per 210 liters of breath in the person who offers a breath sample.
(II) If it detects an alcohol content of 0.04 grams or more per 210 liters of breath of the person who offers the breath sample, render the vehicle inoperable as soon as the vehicle is no longer being operated.
(b) The manufacturer of ignition interlock devices provides a list of installers who are authorized to install and service its ignition interlock devices to the secretary of state.
(c) Agrees to have service locations within 50 miles of any location within this state.
(d) Agrees to provide an ignition interlock device without cost to a person whose gross income for the immediately preceding tax year based on his or her state income tax return was less than 150% of the official poverty line for that same tax year established in the poverty guidelines issued by the secretary of health and human services under authority of section 673(2) of the community services block grant act, subtitle B of title VI of the omnibus budget reconciliation act of 1981, Public Law 97-35, 42 U.S.C. 9902. A person in whose vehicle an ignition interlock device is installed without cost under this subdivision shall pay a maintenance fee to the installer of not more than $1.00 per day.
(e) Agrees to periodically monitor installed ignition interlock devices and if monitoring indicates that the device has been circumvented, to communicate that fact to the secretary of state or to the court, as appropriate.
(6) A manufacturer that has made a filing under subsection (5) shall immediately notify the department if the device no longer meets the requirements of subsection (5).
(7) A person who knowingly provides false information to the department under subsection (4) or (5) is guilty of a felony punishable by imprisonment for not less than 5 years or more than 10 years or a fine of not less than $5,000.00 or more than $10,000.00, or both, together with costs of the prosecution.
(8) A person who negligently provides false information to the department under subsection (4) or (5) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, together with costs of the prosecution.
(9) A person who knowingly fails to comply with subsection (6) is guilty of a felony punishable by imprisonment for not less than 5 years or more than 10 years or a fine of not less than $5,000.00 or more than $10,000.00, or both, together with costs of the prosecution.
(10) A person who negligently fails to comply with subsection (6) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, together with costs of the prosecution.
History: Add. 1987, Act 109, Eff. Mar. 30, 1988 ;-- Am. 1994, Act 450, Eff. May 1, 1995 ;-- Am. 1998, Act 340, Eff. Oct. 1, 1999 ;-- Am. 2003, Act 61, Eff. Sept. 30, 2003
Admin Rule: R 257.1001 et seq. of the Michigan Administrative Code.