October 23, 2013, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 20d, 212, 304, 319, 625k, and 625l (MCL
257.20d, 257.212, 257.304, 257.319, 257.625k, and 257.625l), section
20d as added by 2008 PA 462, section 212 as amended by 2002 PA 534,
section 304 as amended by 2012 PA 498, section 319 as amended by
2012 PA 306, and sections 625k and 625l as amended by 2008 PA 461.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20d. "Ignition interlock device" or "breath alcohol
ignition interlock device" or "BAIID" means 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 alcohol level, calibrated so that the
motor vehicle cannot be started if the breath alcohol level of the
operator, as measured by the test, reaches a level of 0.025 grams
per 210 liters of breath, and to which all of the following apply:
(a) The device meets or exceeds the model specifications for
breath alcohol ignition interlock devices (BAIID), 57 FR 11772 -
11787 (April 7, 1992).
(b) The device utilizes alcohol-specific electrochemical fuel
sensor technology.
(c) As its anticircumvention method, the device installation
uses a positive-negative-positive air pressure test requirement, a
midtest hum tone requirement, or any other anticircumvention method
or technology that first becomes commercially available after July
31, 2007 and that is approved by the department as equally or more
effective.
Sec. 212. (1) If the secretary of state is authorized or
required to give notice under this act or other law regulating the
operation of a vehicle, unless a different method of giving notice
is otherwise expressly prescribed, notice shall be given either by
personal delivery to the person to be notified or by first-class
United States mail addressed to the person at the address shown by
the record of the secretary of state. The giving of notice by mail
is complete upon the expiration of 5 days after mailing the notice.
Proof of the giving of notice in either manner may be made by the
certificate of a person 18 years of age or older, naming the person
to whom notice was given and specifying the time, place, and manner
of the giving of notice.
(2) Any notice required to be provided under this section may
be provided by electronic means.
Sec. 304. (1) Except as provided in subsection (3), the
secretary of state shall issue a restricted license to a person
whose license was suspended or restricted under section 319 or
revoked or denied under section 303 based on either of the
following:
(a) Two or more convictions for violating section 625(1) or
(3) or a local ordinance of this state substantially corresponding
to section 625(1) or (3).
(b) One conviction for violating section 625(1) or (3) or a
local ordinance of this state substantially corresponding to
section 625(1) or (3), preceded by 1 or more convictions for
violating a local ordinance or law of another state substantially
corresponding to section 625(1), (3), or (6), or a law of the
United States substantially corresponding to section 625(1), (3),
or (6).
(2) A restricted license issued under subsection (1) shall not
be issued until after the person's operator's or chauffeur's
license has been suspended or revoked for 45 days and the judge
assigned to a DWI/sobriety court certifies to the secretary of
state that both of the following conditions have been met:
(a) The person has been admitted into a DWI/sobriety court
program.
(b) An ignition interlock device approved, certified, and
installed as required under sections 625k and 625l has been
installed on each motor vehicle owned or operated, or both, by the
individual.
(3) A restricted license shall not be issued under subsection
(1) if the person is otherwise ineligible for an operator's or
chauffeur's license under this act, unless the person's
ineligibility is based on 1 or more of the following:
(a) Section 303(1)(i) or (l).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 319e(2)(a) or (b).
(f) Section 320(1)(d).
(g) Section 321a(1), (2), or (3).
(h) Section 323c.
(i) Section 625f.
(j) Section 732a(5).
(k) Section 904(10).
(l) Section 82105a(2) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82105a.
(m) Section 3177 of the insurance code of 1956, 1956 PA 218,
MCL 500.3177.
(n) Section 10 of the motor vehicle claims act, 1965 PA 198,
MCL 257.1110.
(4) A restricted license issued under subsection (1) permits
the person to whom it is issued to operate only the vehicle
equipped with an ignition interlock device described in subsection
(2)(b), to take any driving skills test required by the secretary
of state, and to drive to and from any combination of the following
locations or events:
(a) In the course of the person's employment or occupation if
the employment or occupation does not require a commercial driver
license.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol, drug, or mental health education and treatment
as ordered by the court.
(iv) Alcoholics anonymous, narcotics anonymous, or other court-
ordered self-help programs.
(v) Court hearings and probation appointments.
(vi) Court-ordered community service.
(vii) An educational institution at which the person is
enrolled as a student.
(viii) A place of regularly occurring medical treatment for a
serious condition or medical emergency for the person or a member
of the person's household or immediate family.
(ix) Alcohol or drug testing as ordered by the court.
(x) Ignition interlock service provider as required.
(5) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(6) Except as otherwise provided in this section, a restricted
license issued under subsection (1) is effective until a hearing
officer orders an unrestricted license under section 322. The
hearing officer shall not order an unrestricted license until the
later of the following events occurs:
(a) The court notifies the secretary of state that the person
has successfully completed the DWI/sobriety court program.
(b) The minimum period of license sanction that would have
been imposed under section 303 or 319 but for this section has been
completed.
(c) The person demonstrates that he or she has operated with
an ignition interlock device for not less than 1 year.
(d) The person satisfies the requirements of section 303 and R
257.313 of the Michigan administrative code.
(7) In determining whether to order an unrestricted license
under subsection (6), the successful completion of the DWI/sobriety
court program and a certificate from the DWI/sobriety court judge
shall be considered positive evidence of the petitioner's
abstinence while the petitioner participated in the DWI/sobriety
court program. As used in this subsection, "certificate" includes,
but is not limited to, a statement that the participant has
maintained a period of abstinence from alcohol for not less than 6
months at the time the participant completed the DWI/sobriety court
program.
(8) If the secretary of state receives a notification from the
DWI/sobriety court under section 1084(6) of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1084, the secretary of state
shall summarily impose 1 of the following license sanctions, as
applicable:
(a) Suspension for the full length of time provided under
section 319(8). However, a restricted license shall not be issued
as provided under section 319(8). This subdivision applies if the
underlying conviction or convictions would have subjected the
person to a license sanction under section 319(8) if this section
did not apply.
(b) A license revocation and denial for the full length of
time provided under section 303. The minimum period of license
revocation and denial imposed shall be the same as if this section
did not apply. This subdivision applies if the underlying
conviction or convictions would have caused a license revocation
and denial under section 303 if this section did not apply.
(9) After the person completes the DWI/sobriety court
interlock pilot program, the following apply:
(a) The secretary of state shall postpone considering the
issuance of an unrestricted license under section 322 for a period
of 3 months for each act that would be a minor violation if the
person's license had been issued under section 322(6). As used in
this subdivision, "minor violation" means that term as defined in R
257.301a of the Michigan administrative code.
(b) The restricted license issued under this section shall be
suspended or revoked or denied as provided in subsection (8),
unless set aside under subsection (6), if any of the following
events occur:
(i) The person operates a motor vehicle without an ignition
interlock device that meets the criteria under subsection (2)(b).
(ii) The person removes, or causes to be removed, an ignition
interlock device from a vehicle he or she owns or operates unless
the secretary of state has authorized its removal under section
322a.
(iii) The person commits any other act that would be a major
violation if the person's license had been issued under section
322(6). As used in this subparagraph, "major violation" means that
term as defined in R 257.301a of the Michigan administrative code.
(iv) The person is arrested for a violation of any of the
following:
(A) Section 625.
(B) A local ordinance of this state or another state
substantially corresponding to section 625.
(C) A law of the United States substantially corresponding to
section 625.
(v) The person fails to maintain complete abstinence from
alcohol or nonprescribed controlled substances.
(c) If the person is convicted of or found responsible for any
offense that requires the suspension, revocation, denial, or
cancellation of the person's operator's or chauffeur's license, the
restricted license issued under this section shall be suspended
until the requisite period of license suspension, revocation,
denial, or cancellation, as appropriate, has elapsed.
(d) If the person has failed to pay any court-ordered fines or
costs that resulted from the operation of a vehicle, the restricted
license issued under this section shall be suspended pending
payment of those fines and costs.
(10) All driver responsibility fees required to be assessed by
the secretary of state under section 732a for the conviction or
convictions that led to the restricted license under this section
shall be held in abeyance as follows:
(a) The fees shall be held in abeyance during the time the
person has a restricted license under this section and is
participating in the DWI/sobriety court interlock pilot project.
(b) At the end of the person's participation in the
DWI/sobriety court program, the driver responsibility fees shall be
assessed and paid under the payment schedule described in section
732a.
(11) The vehicle of an individual admitted to the DWI/sobriety
court interlock pilot project whose vehicle would otherwise be
subject to immobilization or forfeiture under this act is exempt
from both immobilization and forfeiture under sections 625n and
904d if both of the following apply:
(a) The person is a DWI/sobriety court interlock pilot program
participant in good standing or the person successfully
satisfactorily completes the DWI/sobriety court interlock pilot
program.
(b) The person does not subsequently violate a law of this
state for which vehicle immobilization or forfeiture is a sanction.
(12) This section only applies to individuals arrested for a
violation of section 625 on or after January 1, 2011.
(13) As used in this section:
(a) "DWI/sobriety court" means that term as defined in section
1084 of the revised judicature act of 1961, 1961 PA 236, MCL
600.1084.
(b) "DWI/sobriety court interlock pilot project" and
"DWI/sobriety
court program" mean those terms as defined or
described
used in section 1084 of the revised judicature act of
1961, 1961 PA 236, MCL 600.1084.
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
a law of another state substantially corresponding to a law of this
state, or, beginning October 31, 2010, a law of the United States
substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or former section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(f) Beginning October 31, 2010, a violation of section 601d.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
653a(3), section 626 before October 31, 2010, or, beginning October
31, 2010, section 626(2).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8)
before October 31, 2010 or, beginning October 31, 2010, section
625(1)(a) or (b) or (8) if the person has no prior convictions
within 7 years. The secretary of state may issue the person a
restricted license during a specified portion of the suspension,
except that the secretary of state shall not issue a restricted
license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license during all or a specified portion of
the suspension.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(g) Beginning October 31, 2010, for 1 year for a violation of
section 625(1)(c) if the person has no prior convictions within 7
years or not more than 2 convictions within 10 years. The secretary
of state may issue the person a restricted license, except that the
secretary of state shall not issue a restricted license during the
first 45 days of suspension.
(h) Beginning October 31, 2010, the department shall order a
person convicted of violating section 625(1)(c) not to operate a
motor vehicle under a restricted license issued under subdivision
(g) unless the vehicle is equipped with an ignition interlock
device approved, certified, and installed as required under
sections 625k and 625l. The ignition interlock device may be removed
after the interlock device provider provides the department with
verification that the person has operated the vehicle with no
instances of reaching or exceeding a blood alcohol level of 0.025
grams per 210 liters of breath. This subdivision does not prohibit
the removal of the ignition interlock device for any of the
following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(i) Beginning October 31, 2010, if an individual violates the
conditions of the restricted license issued under subdivision (g)
or operates or attempts to operate a motor vehicle with a blood
alcohol level of 0.025 grams per 210 liters of breath, the
secretary of state shall impose an additional like period of
suspension and restriction as prescribed under subdivision (g).
This subdivision does not require an additional like period of
suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) For a second or subsequent violation of section 701(1) of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
by an individual who is not a retail licensee or a retail
licensee's clerk, agent, or employee, the secretary of state shall
suspend the person's license for 180 days. The secretary of state
may issue a person a restricted license during all or a specified
portion of the suspension.
(13) Except as provided in subsection (15), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(14) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(15) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(16) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(17) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(18) Except as provided in subsection (17), a restricted
license issued under this section shall permit the person to whom
it is issued to take any driving skills test required by the
secretary of state and to operate a vehicle under 1 or more of the
following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled
as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(19) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(20) Subject to subsection (22), as used in subsection (8),
"prior conviction" means a conviction for any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (21), a violation or
attempted violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(c) Beginning October 31, 2010, a violation of section 601d or
section 626(3) or (4).
(21) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(22) If 2 or more convictions described in subsection (20) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
(23) Any period of suspension or restriction required under
this section is not subject to appeal to the secretary of state.
Sec.
625k. (1) The department shall approve an ignition
interlock
device certified by a department-approved laboratory as
complying
with the model specifications for breath alcohol ignition
interlock
devices (BAIID), 57 FR 11772 - 11787 (April 7, 1992).
Subject
to subsection (5), the department shall provide a list of
all
manufacturers of approved certified devices to each person who
is
issued a restricted license that permits the person to drive a
vehicle
only if it is equipped with an ignition interlock device.
The
department shall rotate the order of the providers with each
list
provided under this subsection.An
ignition interlock device
(BAIID) manufacturer seeking certification of a device in this
state shall do all of the following:
(a) Complete an application for certification of the BAIID.
(b) Submit a report from a department-approved laboratory
certifying that the BAIID meets or exceeds the model specifications
for BAIIDs, 57 FR 11772-11787 (April 7, 1992), or any subsequent
version. Subject to subsection (5), the department shall provide a
list of all manufacturers of approved certified devices to each
person who is issued a restricted license that permits the person
to drive a vehicle only if equipped with a BAIID. The department
shall rotate the order of the providers with each list provided
under this subsection.
(c) Agree to ensure proper record-keeping and provide
testimony relating to any aspect of the installation, service,
repair, use, removal, or interpretation of any report or
information recorded in the data storage system of a device or
performance of any other duties required by this act at no cost on
behalf of the state or any political subdivision of the state.
(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.Proof of
liability insurance issued by an insurance company authorized to do
business in this state specifying all of the following:
(A) That the policy is current at the time of application.
(B) The name and model number of the device model covered by
the policy.
(C) That the policy has a minimum coverage of $1,000,000.00
per occurrence and $3,000,000.00 in the aggregate.
(D) That the policy will indemnify the department and any
other person injured as a result of any defects in manufacture,
materials, design, calibration, installation, or operation of the
device.
(iii) An affidavit that the ignition interlock device meets or
exceeds all of the following conditions:
(A) Meets the definition in section 20d.
(B) Is set to periodically take samples while the vehicle is
in
operation and to do both all
of the following 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 or if a breath
sample is not given within the allotted time:
(I) Emit a visible or audible warning signal.
(II) Render the vehicle inoperable as soon as the vehicle is
no longer being operated, requiring the operator to provide a
breath sample containing a breath alcohol level of less than 0.025
grams per 210 liters of breath before the vehicle may be restarted.
(III) Disable the free restart.
(IV) Activate a violation reset. The device shall initiate an
audible or visual cue that will warn the driver that the device
will enter a permanent lockout in 5 days.
(b)
Provides a list of installers who are authorized to
install
and service its ignition interlock devices to the secretary
of
state.
(b) (c)
Agrees to have service locations
within 50 miles of
any location within this state.
(c) (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 42 USC 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 $2.00 per day.
(d) (e)
Agrees to comply with the reporting
requirements of
the secretary of state.
(e) (f)
Agrees to periodically monitor
installed ignition
interlock devices and if monitoring indicates that the device has
been circumvented, tampered with, or that a person with a breath
alcohol level of 0.025 or more grams per 210 liters of breath has
attempted to operate the motor vehicle, or both, to communicate all
of the relevant information concerning these facts to the secretary
of state or to the court, or both, 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) Upon the request of the department, the BAIID manufacturer
shall, at no cost to this state, provide the department with at
least 2 BAIIDs for each model that is certified under this act for
demonstration and training purposes by the department.
(8) Upon the request of the department, the BAIID manufacturer
shall, at no cost to this state, install 1 of each device that is
certified under this act in a vehicle provided by the department.
Any service performed under this subsection, including, but not
limited to, installation, maintenance, calibration, or removal,
shall be completed at no cost to this state.
(9) Upon the request of the department, for each BAIID model
approved by the department, the BAIID provider shall provide a
total of not less than 10 hours of training to department employees
at no cost to this state. This training shall be held at the times
and locations within the state designated by the department. The
training shall be designed to familiarize department employees with
the installation, operation, service, repair, and removal of the
BAIIDs and include the training and instructions that the BAIID
providers will give to customers. The BAIID provider shall also
provide the department, upon request, with the following
information:
(a) A detailed description of the device, including complete
instructions for installation, operation, service, repair, and
removal of the BAIID.
(b) Complete technical specifications, including detailed
explanations and definitions of all data log entries.
(10) A manufacturer shall notify the department at least 15
days before implementation of any modification, upgrade, or
alteration to any hardware, software, or firmware of a device
certified for use in this state. The notification shall include
both of the following:
(a) A description and explanation of the modification,
upgrade, or alteration and proof satisfactory to the department
that these modifications, upgrades, or alterations do not adversely
affect the ability of the device to satisfy the requirements of
this act.
(b) A comprehensive plan of action for the phasing out of the
use of the current device. This plan of action must be approved by
the department prior to the implementation of the plan of action.
(11) Any equipment in the possession of the department that
was retained for certification of the device shall be modified,
upgraded, or altered simultaneously with implementation.
(12) Material modifications to a certified device may require
recertification under this act as determined by the department.
(13) A manufacturer shall reapply for approval annually.
(14) The department is responsible for approving BAIID service
centers for operation in this state. All of the following
requirements apply for approval under this subsection:
(a) Only service centers that are manufacturer/vendors may
service BAIIDs approved for use in this state.
(b) A BAIID may only be installed, serviced, or removed in a
motor vehicle repair facility. As used in this subdivision, "motor
vehicle repair facility" means that term as defined in section 2 of
the motor vehicle service and repair act, 1974 PA 300, MCL
257.1302.
(c) A service center shall be located in a fixed facility
within this state.
(d) Each service center shall have at least 1 licensed
mechanic with a BAIID certification and who is properly trained by
the BAIID manufacturer for which the service center is a vendor as
its BAIID technician to service the BAIID.
(e) Each service center shall maintain and make available for
inspection records that prove that each BAIID mechanic working at
the service center has been properly trained by the BAIID
manufacturer to service the BAIID for which the center is a vendor.
(f) Each service center shall provide a designated waiting
area for customrs that is separate from the area in which BAIIDs
are installed or serviced.
(g) Only BAIID mechanics and representatives of the
manufacturer or the department shall be allowed to observe the
installation or removal of a BAIID.
(h) Adequate security measures shall be taken to ensure that
unauthorized personnel cannot gain access to proprietary materials
or files of participants.
(i) Manufacturer service centers shall install, maintain,
calibrate, and remove all BAIIDs handled by that service center and
perform any other services determined necessary by the department
for those using those BAIIDs in this state.
(j) The service center shall inform the department of a change
in its business address 15 days prior to the date of any
relocation.
(k) BAIIDs approved for use in this state shall only be
serviced by service centers located within this state, unless 1 of
the following applies:
(i) The customer has a permanent residence in a state other
than this state.
(ii) The customer is unable to return to this state for service
because of a significant personal hardship.
(l) If a BAIID is serviced by a service center outside of this
state, the BAIID provider shall ensure that all of the following
requirements are met:
(i) The BAIID operates using the same firmware that is used for
devices in this state.
(ii) The data recorded by the BAIID remain intact on the device
for later retrieval by a service center in this state or the data
are transferred to a service center database within this state for
review.
(m) Service centers shall make the addresses of their
locations available to the department for the area in which the
service center is located.
(n) BAIIDs for use in this state shall be installed and shall
be removed only in a service center approved for installing that
device.
(o) Each application for approval shall be for a single
service center. Separate service center applications are required
for additional service centers.
(p) Prior to issuance of approval, an on-site evaluation may
be required by the department to ensure compliance with the
requirements in this act.
(q) The approval of a service center shall be for a period of
1 year. The renewal process shall be the same as the service center
approval process under this section.
(15) The department may conduct inspections of a manufacturer
or a BAIID service center to ensure compliance with this act and
rules promulgated to implement this act. The manufacturer shall pay
for the actual costs to the department in conducting an inspection
under this subsection.
(16) A person shall not perform any service related to any
BAIID in this state without being approved by the department.
(17) All installations of BAIIDs shall be done in a
workmanlike manner by a BAIID mechanic at an approved service
center and shall be in accordance with the standards set forth in
this section and with the requirements of the manufacturer. All
BAIIDs installed shall be in working order and shall perform in
accordance with the standards set forth in this act. All
connections shall be soldered and covered with a tamper seal.
(18) Upon completion of the installation of a device required
under this act, the approved BAIID mechanic shall provide the
customer with installation verification in the form and format
designated by the department.
(19) A manufacturer shall ensure that BAIID mechanics meet the
following requirements:
(a) Possess the appropriate certification from the department.
(b) Possess and maintain all necessary training and skills
required to install, examine, troubleshoot, and verify the proper
operation of BAIIDs.
(c) Possess the tools, test equipment, and manuals needed to
install, inspect, download, calibrate, repair, maintain, service,
and remove devices.
(d) Provide all persons who will use the vehicle with written
and hands-on training regarding the operation of a vehicle equipped
with the BAIID and ensure that each of those persons demonstrates a
properly delivered alveolar breath sample and an understanding of
how the abort test feature works.
(20) A mechanic who has been convicted of an alcohol-related
driving offense or any offense classified as a felony in this state
or elsewhere within 5 years prior to the date of filing an
application for approval as a BAIID mechanic is not eligible for
approval as a BAIID mechanic under this act.
(21) The following requirements apply to a BAIID mechanic
under this act:
(a) He or she must be at least 18 years of age.
(b) He or she must possess a valid driver license.
(c) He or she must be a motor vehicle mechanic as defined in
section 2 of the motor vehicle service and repair act, 1974 PA 300,
MCL 257.1302.
(d) He or she must be certified as a BAIID mechanic under this
act.
(22) To be certified as a BAIID mechanic under this act, the
mechanic shall meet all of the following requirements:
(a) Possess a specialty certification in electrical systems
under section 10(1)(f) of the motor vehicle service and repair act,
1974 PA 300, MCL 257.1310.
(b) Properly complete and file a BAIID mechanic application
form with the department.
(c) Beginning 180 days after the effective date of the
amendatory act that added this subdivision, be a licensed mechanic
in this state with certification in the BAIID mechanic category.
The department may create a BAIID mechanic certification for
purposes of this subdivision.
(d) Submit a criminal history report certified within the
immediately preceding 30 days.
(e) Meet the requirements of the department for certification
under this act.
(23) Each application for approval shall be for a single BAIID
mechanic. Separate BAIID mechanic applications are required for
additional BAIID mechanics.
(24) Approval of a BAIID mechanic is for 1 year. The renewal
process shall be the same as the BAIID mechanic approval process
stated in this act.
(25) The secretary of state may investigate a BAIID mechanic's
compliance with this section and shall suspend, revoke, or deny an
individual's certification as a BAIID mechanic if the secretary of
state determines that 1 or more of the following apply:
(a) The BAIID mechanic violated this act or a rule promulgated
under this act.
(b) The BAIID mechanic committed a fraudulent act in
connection with the inspection, installation, monitoring, or
removal of a BAIID.
(c) The BAIID mechanic performed improper, careless, or
negligent inspection, installation, monitoring, or removal of a
BAIID.
(d) The BAIID mechanic made a false statement of a material
fact regarding his or her actions in inspecting, installing,
monitoring or removing a BAIID.
(26) (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.
(27) (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.
(28) (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.
(29) (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.
(30) The secretary of state may issue an order summarily
suspending the certification of a manufacturer and its device as
provided in section 92 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.292, based on an affidavit by a person
familiar with the facts set forth in the affidavit that the
manufacturer or its service center has failed to comply with this
act or the applicable administrative rules. The manufacturer to
whom the order is directed shall comply immediately, but on
application to the department shall be afforded a hearing within 30
days under the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328. On the basis of the hearing, the summary
order shall be continued, modified, or held in abeyance not later
than 30 days after the hearing.
Sec. 625l. (1) The manufacturer of an ignition interlock device
shall design a warning label, and the person who has an ignition
interlock device shall promptly affix that label to each ignition
interlock device upon installation. The label shall contain a
warning that any person tampering with, circumventing, or otherwise
misusing the device is guilty of a misdemeanor punishable as
provided by law.
(2) A person who is only permitted to operate a motor vehicle
equipped with an ignition interlock device shall not operate a
motor vehicle on which an ignition interlock device is not properly
installed.
(3) A person who has an ignition interlock device installed
and
whose driving privilege is restricted shall not request, or
solicit, or allow any other person to blow into an ignition
interlock device or to start a vehicle equipped with the device for
the purpose of providing the person whose driving privilege is
restricted with an operable vehicle.
(4) A person shall not blow into an ignition interlock device
or start a motor vehicle equipped with the device for the purpose
of providing an operable vehicle to a person who has an interlock
device installed and whose driving privilege is restricted.
(5) A person shall not tamper with or circumvent the operation
of an ignition interlock device.
(6) A person who violates subsection (2), (3), (4), or (5) is
guilty of a misdemeanor punishable by imprisonment for not more
than 6 months or a fine of not more than $5,000.00, or both.
(7) If a law enforcement officer detains the operator of a
motor vehicle for violating a law of this state or a local
ordinance and the operator is a person required to only operate a
motor vehicle with an ignition interlock device properly installed,
but no ignition interlock device is properly installed on the motor
vehicle, the law enforcement officer shall impound the motor
vehicle. If a motor vehicle impounded under this subsection is
individually or jointly owned by the operator, the law enforcement
officer shall do all of the following:
(a) Immediately confiscate the motor vehicle registration
plate and destroy it.
(b) Issue a temporary registration plate for the vehicle in
the same manner prescribed by the secretary of state for temporary
registration plates issued under section 226a or 226b.
(c) Place the temporary registration plate issued under
subdivision (b) on the motor vehicle in the manner prescribed by
the secretary of state.
(d) Notify the secretary of state through the law enforcement
information network in a form prescribed by the secretary of state
that the registration plate was destroyed and a temporary
registration plate was issued to the motor vehicle.
(8) A temporary registration plate issued under this section
is valid until the charges for violating subsection (2) are
dismissed, the person pleads guilty or no contest to the charge, or
the person is found guilty to or is acquitted of the charge.
(9) If the motor vehicle impounded under this section is not
owned individually or jointly by the operator, the law enforcement
officer shall impound the motor vehicle by contacting a local
towing agency. The motor vehicle shall only be returned to the
registered owner.
(10) The owner of a motor vehicle impounded under this section
is liable for the expenses incurred in the removal and storage of
the motor vehicle whether or not it is returned to him or her. The
motor vehicle shall be returned to the owner only if the owner pays
the expenses of removal and storage. If redemption is not made or
the vehicle is not returned as described under this subsection, it
shall be considered an abandoned vehicle and disposed of under
section 252a.
(11)
The state, or the department, its officers, employees, or
agents,
or a court, its officers, employees, or agents are not
liable
in any claim or action that may arise, directly or
indirectly,
out of any act or omission by a manufacturer,
installer,
or servicing agent of an ignition interlock device that
results
in damage to persons or property.
(12)
A person shall not sell, lease, install, or monitor in a
vehicle
in this state an ignition interlock device unless the
ignition
interlock device manufacturer and provider carries
liability
insurance covering product liability, including, but not
limited
to, insurance to indemnify the department and any person
injured
as a result of a design defect or the calibration or
removal
of the ignition interlock device or a misrepresentation
about
the ignition interlock device. The insurance required by this
subsection
shall be in an amount of not less than $1,000,000.00 per
incident.
(13)
The provider of insurance described in this section may
cancel
the insurance upon 30 days' written notice to the department
and
is not liable for a claim arising from an event that occurs
after
the effective date of a cancellation made in compliance with
this
section.
(14)
An ignition interlock device shall be serviced according
to
manufacturer's standards. Service shall include, but not be
limited
to, physical inspection of the device and vehicle for
tampering,
calibration of the device, and monitoring of the data
contained
within the device's memory. Only authorized employees of
the
manufacturer or the department, or other persons approved by
the
court, may observe the installation of a device. Reasonable
security
measures shall be taken to prevent the customer from
observing
the installation of a device or obtaining access to
installation
materials.
Enacting section 1. R 257.1005 and R 257.1006 of the Michigan
administrative code are rescinded.