41-6a-518 - Ignition interlock devices -- Use -- Probationer to pay cost -- Impecuniosity -- Fee.
41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost --Impecuniosity -- Fee.
(1) As used in this section:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Ignition interlock system" or "system" means a constant monitoring device or anysimilar device certified by the commissioner that prevents a motor vehicle from being started orcontinuously operated without first determining the driver's breath alcohol concentration.
(c) "Probation provider" means the supervisor and monitor of the ignition interlocksystem required as a condition of probation who contracts with the court in accordance withSubsections 41-6a-507(2) and (3).
(2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and41-6a-505, and in addition to any requirements imposed as a condition of probation, the courtmay require that any person who is convicted of violating Section 41-6a-502 and who is grantedprobation may not operate a motor vehicle during the period of probation unless that motorvehicle is equipped with a functioning, certified ignition interlock system installed and calibratedso that the motor vehicle will not start or continuously operate if the operator's blood alcoholconcentration exceeds a level ordered by the court.
(b) If a person convicted of violating Section 41-6a-502 was under the age of 21 whenthe violation occurred, the court shall order the installation of the ignition interlock system as acondition of probation.
(c) The division shall post the ignition interlock restriction on the electronic recordavailable to law enforcement.
(d) This section does not apply to a person convicted of a violation of Section 41-6a-502whose violation involves drugs other than alcohol.
(3) If the court imposes the use of an ignition interlock system as a condition ofprobation, the court shall:
(a) stipulate on the record the requirement for and the period of the use of an ignitioninterlock system;
(b) order that an ignition interlock system be installed on each motor vehicle owned oroperated by the probationer, at the probationer's expense;
(c) immediately notify the Driver License Division and the person's probation provider ofthe order; and
(d) require the probationer to provide proof of compliance with the court's order to theprobation provider within 30 days of the order.
(4) (a) The probationer shall provide timely proof of installation within 30 days of anorder imposing the use of a system or show cause why the order was not complied with to thecourt or to the probationer's probation provider.
(b) The probation provider shall notify the court of failure to comply under Subsection(4)(a).
(c) For failure to comply under Subsection (4)(a) or upon receiving the notification underSubsection (4)(b), the court shall order the Driver License Division to suspend the probationer'sdriving privileges for the remaining period during which the compliance was imposed.
(d) Cause for failure to comply means any reason the court finds sufficiently justifiable toexcuse the probationer's failure to comply with the court's order.
(5) (a) Any probationer required to install an ignition interlock system shall have the
system monitored by the manufacturer or dealer of the system for proper use and accuracy at leastsemiannually and more frequently as the court may order.
(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to thecourt or the person's probation provider.
(ii) The report shall be issued within 14 days following each monitoring.
(6) (a) If an ignition interlock system is ordered installed, the probationer shall pay thereasonable costs of leasing or buying and installing and maintaining the system.
(b) A probationer may not be excluded from this section for inability to pay the costs,unless:
(i) the probationer files an affidavit of impecuniosity; and
(ii) the court enters a finding that the probationer is impecunious.
(c) In lieu of waiver of the entire amount of the cost, the court may direct the probationerto make partial or installment payments of costs when appropriate.
(d) The ignition interlock provider shall cover the costs of waivers by the court under thisSubsection (6).
(7) (a) If a probationer is required in the course and scope of employment to operate amotor vehicle owned by the probationer's employer, the probationer may operate that motorvehicle without installation of an ignition interlock system only if:
(i) the motor vehicle is used in the course and scope of employment;
(ii) the employer has been notified that the employee is restricted; and
(iii) the employee has proof of the notification in the employee's possession whileoperating the employer's motor vehicle.
(b) (i) To the extent that an employer-owned motor vehicle is made available to aprobationer subject to this section for personal use, no exemption under this section shall apply.
(ii) A probationer intending to operate an employer-owned motor vehicle for personaluse and who is restricted to the operation of a motor vehicle equipped with an ignition interlocksystem shall notify the employer and obtain consent in writing from the employer to install asystem in the employer-owned motor vehicle.
(c) A motor vehicle owned by a business entity that is all or partly owned or controlledby a probationer subject to this section is not a motor vehicle owned by the employer and doesnot qualify for an exemption under this Subsection (7).
(8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the commissioner shall make rules setting standards for the certification of ignition interlocksystems.
(b) The standards under Subsection (8)(a) shall require that the system:
(i) not impede the safe operation of the motor vehicle;
(ii) have features that make circumventing difficult and that do not interfere with thenormal use of the motor vehicle;
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
(iv) prevent the motor vehicle from being started if the driver's breath alcoholconcentration exceeds a specified level;
(v) work accurately and reliably in an unsupervised environment;
(vi) resist tampering and give evidence if tampering is attempted;
(vii) operate reliably over the range of motor vehicle environments; and
(viii) be manufactured by a party who will provide liability insurance.
(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, orindependent laboratory tests relied upon in certification of ignition interlock systems by otherstates.
(d) A list of certified systems shall be published by the commissioner and the cost ofcertification shall be borne by the manufacturers or dealers of ignition interlock systems seekingto sell, offer for sale, or lease the systems.
(e) (i) In accordance with Section 63J-1-504, the commissioner may establish an annualdollar assessment against the manufacturers of ignition interlock systems distributed in the statefor the costs incurred in certifying.
(ii) The assessment under Subsection (8)(e)(i) shall be apportioned among themanufacturers on a fair and reasonable basis.
(9) There shall be no liability on the part of, and no cause of action of any nature shallarise against, the state or its employees in connection with the installation, use, operation,maintenance, or supervision of an interlock ignition system as required under this section.
Amended by Chapter 183, 2009 General Session