1 
 Ignition Interlock Program Rules  
Section 1. Definitions.  
 
For the purposes of these rules, the following definitions apply:  
(a) “Alcohol set point” means the minimum alcohol concentration at which an ignition 
interlock device is set to lock a motor vehicle’s ignition. That level shall be 0.02 BAC.  
(b) “Calibration” means the process of testing and adjusting a devic e to ensure accuracy set 
forth in the current National Highway Traffic Safety Administration ( NHTSA)  Model 
Specifications for Calibration Units.  
(c) “Certified laboratory” means a laboratory which subscribes to the quality code of the 
International Standards Organization of the  American National Standards  Institute.  
(d) “Commissioner” means the Commissioner  of Motor  Vehicles.  
(e) “Ignition Interlock Device” or  “IID” means a device capable of measuring a person’s 
blood alcohol concentration and [ prevents]  immobilizes  a motor vehicle [from being 
started by a person ] whose driver’s blood  alcohol concentration is 0.02 or greater . The 
device must be equipped with a camera capable of recording a digital image of the 
person using the device as well as the front compartment of the vehicle.  
(f) “Ignition interlock restricted driver’s license” or “RDL” or “certificate ” means a n 
operator’s  driver’s  license that has been restricted to limit operation of motor vehicles 
by a person whose license or privilege to operate has been suspended or revoked 
pursuant to 23 VSA §1205(a) ( 2), §1205(m), §1206(a), §1208 or §1216 to motor vehicles 
installed with an approved ignition interlock device. [ A RDL may not be issued to a 
person under the age of 18 years ]. A person with a RDL may not operate a commercial 
motor vehicle as defined in 23 VSA  §4103.  
(g) “Inclusion zone” means an area encompassing 25 miles from the Ver mont border.  
(h) “Installer” means an individual, business or other entity identified by a manufacturer of an 
approved ignition interlock device as the manufacturer's official representative in  the state 
of Vermont for the installation, maintenance, monitoring and repair of the devices, and 
includes agents and employees of the  manufacturer.  2 
 (i) “Lockout State” means a condition where the ignition interlock device will not accept a 
breath test.  
(j) “Motor vehicle” means only pleasure cars and tru cks the operation of which do not require 
a commercial driver license. The term shall not include school  buses.  
(k) “State coordinator” means the individual designated by the manufacturer to act  on behalf 
of or represent it in all matters regarding IID’s in Vermont.  
(l) “Ignition Interlock Certificate” means a restricted privilege to operate a motor vehicle 
issued by the commissioner allowing a nonresident whose privilege to operate a motor 
vehicle in Vermont has been  suspended or revoked for operating under the influence of 
intoxicating liquor or in excess of legal limits of alcohol concentration, or for refusing  an 
enforcement officer’s reasonable request  for an evidentiary test, to operate a motor ve hicle, 
other tha n a commercial m otor vehicle as defined in section 4103 of this title, installed 
with an appr oved ignition interlock device.  
 
Section 2. Certification of manufacturers  of ignition  interlock  devices.  
 
(a) No ignition interlock device may be leased, sold, installed or used as part of  the 
program outlined in 23 VSA §1213 unless the model or type of device has been 
approved by the Commissioner in accordance with the provisions of this  rule.  
(b) Application for  Certification:  
(1) A manufacturer may apply for certification of a device by submitting an application 
to the Commissioner every two years. The application shall be prescribed by the 
Commissioner.   A separate application is required for each model or type of device 
for which approval is sought. A manufacturer must  certify the  device:  
i. Does not impede the safe operation of a  vehicle.  
ii. Minimizes opportunities to bypass.  
iii. Performs accurately and reliably under all normally anticipated 
circumstances.  
iv. Satisfies the requirements for certification set forth in this  rule.  
v. Prevents a person from starting a vehicle when the person has a prohibited  
blood  alcohol  concentration.  3 
 (2) An application for certification must  include all of the following  information:  
i. The name, address, telephone number and email address of the 
manufacturer of the  device.  
ii. The name and model number of the device.  
iii. A [statement]  certification from a Certified Laboratory who tested the 
device stating  the device  model  meets or exceeds the minimum f ederal 
standards contained in th e most recently published Model Specifications 
for Breath Alcohol Ignition Interlock Devices  adopted by the National 
Highway Traffic Safety Administration by  a Notice in  the Federal  Register.  
iv. A certification from an officer  of a laboratory or a certified laboratory 
technician who tested the device stating the device was tested in 
accordance with  the federal standards and the device was found to satisfy 
the requirements of  the Model  Specifications .] 
v. A certification  the device is made by a manufacturer who is  covered  by 
product liability  insurance.  
vi. A signed statement the manufacturer agrees to indemnify and hold 
harmless the state of Vermont and the Commissioner and his or her 
officers, employees and agents from all claims,  demands and actions as a 
result of damage or injury to persons or property which may arise, directly 
or indirectly, out of any act or omission by the manufacturer  relating to the 
installation, service, re pair, use and removal of a  device.  
vii. The manufacturer may submit for consideration evidence of certification 
obtained in any other jurisdiction.  
viii. The manufacturer shall agree that any installation or service of  an IID 
performed within the state of Vermont or  the inclusion zone shall be in 
compliance with all requirements of this  rule.  
ix. The manufacturer must agree to provide an expert witness if the 
performance of the device is an issue in any judicial or administrative  
proceeding.  
x. The manufacturer shall agree  to provide statewide  coverage for installation 
and service of ignition interlock  devices. The use of  mobile  installations is 4 
 permitted provided the requirements set forth in section 5 of this rule are 
adhered to.  
(c) The representations made by a manufacturer on the application for certification 
become conditions to the certification when the certification is  approved by the 
Commissioner. The failure of a manufacturer to comply with  those conditions may 
result in the suspension or revocation of the certification  as provided by subsection (e) 
of this  section.  
(d) The Commissioner shall certify, or refuse to certify, a device after receipt of a complete 
application. The manufacturer will be notified within 15 days of  receipt of the 
application if the application is in complete. The manufacturer will be told what 
information or documents are needed to complete the  application.  
(e) The Commissioner may deny, suspend or revoke certification of a  manufacturer or 
device for any of the following:  
(1) Defects in design, materials, or workmanship causing repeated failures of a device 
to function as  intended.  
(2) Termination or cancellation of a manufacturer’s liability  insurance.  
(3) The manufacturer ceases to manufacture ignition interlock  devices.  
(4) Voluntary request by a manufacturer to cancel  approval of a  device.  
(5) Violation by a manufacturer, vendor, installer, service provider or agent, employee 
or independent contractor of any provisions of this rule or  conditions to the  
certification.  
(6) Providing materially false or inaccurate inf ormation relating to a device’s 
performance standards by the manufacturer or certifying  laboratory.  
(7) Modification or alteration of the components, design, or installation and operation 
instructions so that the requirements of the minimum federal standards are no 
longer satisfied, unless the modifications have already been   certified.  
(f) A suspension or revocation is effective 15 days after notification is sent to the 
manufacturer by [regular ] first class  mail or such later date as may be specified in 
the notic e. The notice must specify the basis for the  action.  
(g) A manufacturer whose application for certification is denied or whose  certification is 
suspended or revoked may request an administrative hearing. The hearing will be 5 
 held pursuant to 23 VSA §§105 –  106. The issue at the hearing is whether, by a 
preponderance of the evidence, the manufacturer can show  cause why the decision of 
the Commissioner should not be upheld.  
(h) Within 90 days of the event of suspension or revocation of certification, the  
manufacturer  is responsible for and must bear the cost for the removal of any  and all 
decertified devices and the replacement with a certified device whether their own or 
another certified manufacturer’s  device.  
(i) A manufacturer must notify the Commissioner immediately,  in writing, of any 
material modification or alteration in the compone nts, design or installation and 
operating instructions of any device approved for use in this state, and must provide 
the Commissioner  satisfactory proof (to include retesting by an  independent 
laboratory, if required) prior  to sale or distribution of the altered or  modified device 
that these  modifications or alterations do not adversely affect  the ability of the device 
to satisfy the  requirements of the minimum federal  standards contain ed in the most 
recently published Model Specifications for  Breath Alcohol Ignition Interlock Devices 
adopted by the National Highway  Traffic Safety Administration. Any device with a 
material  modification or  alteration must be re - approved by the Commission er. 
 
Section 3. Standards and Specifications for Ignition Interlock Devices.  
 
(a) Except as otherwise provided herein, all ignition interlock devices must meet or exceed 
the most recently published standards esta blished by the U.S. Department of 
Transportation, National Highway Traffic Safety  Administration  [, identified as “Model 
Specifications for Breath Alcohol Ignition Interlock Devices”  (Federal Register / Vol.  57, 
No 67 / Tuesday, April 7, 1992 / Notices / NHTSA Docket No. 91- 07, Notice 2 pp. 11772  
11786)] . The device must em ploy an electrochemical (fuel cell) sensing method of  
detecting the presence of alcohol.  
(b) A device must indicate by audible or visual means when a sufficient breath sample has 
been collected and indicate th e result by a p ass/fail signal.  
(c) A device must be able to be adjusted to permit operation with as little as 1 .0 1.2 liters of 
breath per blow  if required to obtain a sufficient sample  upon a medical recommendation 
approved by the commissioner . 6 
 (d) A device must prevent a driver from starting the vehicle when a breath test detects a BAC 
of 0.02 or greater and when a driver fails to appear for service within the five  calendar  day 
warning period.  
(e) A random retest feature is required for all devices. The device must require the driver to 
submit to a [ random ] first rolling  retest within a variable interval ranging from five to 
fifteen  minutes after a driver has passed an initial breath test and started the vehicle. 
Subsequent to the  first rolling retest, the random rolling retes t shall be required within a 
variable interval ranging from thirty to forty -five minutes after the most recent rolling 
retest.  An audible or visual warning must alert the driver of the retest and the driver will 
have ten minutes to take the first rolling  [random ] retest. If the driver fails to submit to the  
first rolling  retest within ten minutes or the device detects a BAC of 0.02 or greater, the 
horn will sound repeatedly and the headlights shall flash until an acceptable breath sample 
has been submitted and  the BAC is less than 0.02 or  the vehicle is turned off. Once the 
vehicle is turned off, the device must not allow the driver to restart the vehicle [ within 
three minutes ] without taking an initial breath test. If the vehicle is turned off [ or 
accidentally stalls ] after or during the warning of an impending  rolling  [random ] retest, but 
before the driver takes the rolling  [random ] retest, the device must prevent the driver from 
starting the vehicle without taking an initial breath test.  If the vehicle accidentally stalls 
the device must not prohibit the operator from starting the vehicle. If this accidental stall 
occurs during a retest, the retest should proceed from the point of the accidental stall. 
(f) A device must be programmed to allow [ a maximum of three ] unlimited  attempts to 
provide a breath sample on a rolling  retest within [a]  the ten minute period. [ The device 
shall enter a temporary lockout for a period of 30 minutes if the user fails to provide a 
sample within the 10 -minute period or fails a retest.]  
(g) A device must record data in its memory in such a manner that data cannot be erased and 
a hard copy can be printed. The data recorder must have a backup system to protect the 
security of all recorded data in the event the power s upply to the device is interrupted or 
the sample head is disengaged or disconnected. The  ability to transfer the unaltered data 
electronically must be included. The following information must be stored in the data 
recorder:  
 7 
 (1) The date and time of any use or  attempted use of a vehicle.  
(2) The date and time of any attempt to ta mper, circumvent or bypass the device.  
(3) The date, time and alcohol concentration, in grams per 210 liters, of each breath sample 
provided to the device.  
(4) The date and time of any malfunctions  of the device. 
(5) The date and time of any failures to provide retest sampl es. 
(6) The date and time a “service required” message is issued to the customer by the device.  
(h) A device must provide all of the following information to a driver.  
(1) The device’s readiness for acceptance of a breath sample.  
(2) A reminder seven days prior to a schedul ed service date followed by a warning to 
obtain service within five days after the scheduled service date.  
(3) An indication when the device has entered a lockout state.   
(i) A device must place the vehicle in a permanent lockout state, if any of the following 
conditions occur:  
(1) The device detects tampering, circumvention or bypass attempts.  
(2) The user fails to provide a breath sample during three consecutive retest  periods. 
(3) A scheduled service  date is missed and the five  calendar  day grace period has expired. 
(4) [Service is not obtained within five days of the service warning.]  
(j) A manufacturer shall ensure that a device has adequate electronic anti -tampering features 
which include the following:  
(1) A device m ust retain its tamper detection capabilities when disconnected from the 
vehicle’s power supply, or record that it was disconnected.  
(2) A device must retain its data memory when disconnected from the vehicle’s power 
supply.  
(3) [When a device detects a con dition that would be considered tampering, the device 
must activate a visual and audible indicator. ] 
(4) A device must include a camera with the capability of capturing and retaining  an 
image of the person providing the breath sample at each vehicle start  when  taking an 8 
 initial breath test, the first rolling retest and all random retest s as well as  circumvention 
attempts . Such images shall be included in the reports required in [Section 6 of]  these 
rules.  [A person may not cover the camera or otherwise   attempt to prevent an image of 
his or her face from being captured while  providing breath samples for vehicle starts  or 
retests. ] 
(k) Override. A device shall be programmed to allow test free restarts in the case of engine 
stalls.  
 
Section 4. Manufacturer Responsibilities.  
 
(a) A manufacturer must provide the following information to the Commissioner:  
(1) A copy of the agreement between the manufacturer and installer.  
(2) A copy of the standard agreement between the installer/manufacturer and the 
driver of the vehicle in which the device is installed.  
(3) The 24-hour toll free emergency service  [toll free]  telephone number which the 
manufacturer provides the  user [public ] to contact authorized customer service 
representatives  [installers ]. 
(4) The fee schedule listing the costs  assessed to a driver for installation of  the device, 
monthly leasing of the device, scheduled service visit, violations service visit, and 
removal of the device.  
(5) The name, address, telephone number and e -mail address of the state coordinator.  
(6) A detailed description, including a photograph, drawing or other graphic depiction 
of the device.  
(7) Document containing complete written instructions provided to authorize  
installers for installation, operation, service, repair and removal of the device.  
(8) Document containing the complete written instructions provided to participants 
and other operators of a vehicle equipped with the device.  
(9) A complete  list of authorized installers to include  [including ] name, business 
address, phone number, contact person and hours of operation.  
(10) A floorplan of the installation facilities detailing the work areas and the 
 client waiting area.   9 
  
(b) A manufacturer must ensure installers:  
(1) Comply with all requirements of this rule.  [Meet the conditions established in §4, 
§5, §6 and §7. ] 
(2) Poss ess and maintain all necessary training and skills required to install, examine, 
troubleshoot, and verify proper operation of devices.  
(3) Possess the tools, test equipment and manuals needed to install, inspect, 
download, calibrate, repair, maintain, service and remove devices.  
(4) Provide the restricted driver and all persons who will use the vehicle with written 
and hands on training in how to operate a vehicle equipped with the device, 
including  
i. Care, cleaning and maintenance.  
ii. Identification  of vehicle malfunct ions and repairs affecting the device and 
procedures for addressing them.  
iii. A 24-hour emergency telephone number for assistance in the event a device 
fails to operate properly or a vehicle experiences a problem  relating to the 
installation, operation or failure of a device.  Assistance must include 
technical information  [,] and assistance in  locating a  tow company  or road 
service  provider . Emergency  assistance related to the failure of a device 
must be provided within  two hours for vehicles  located near an are a with 
an installation  facility. The device must be made functional within 48 hours 
of the  call for assistance being received or the device must be replaced.  
iv. Informing the restricted driver that he or she is accountable for all  breath 
samples logged by th e device.  
 
(5) Maintain established business hours with an installer available during those 
hours.  
(6) Conduct business from an enclosed building with a separate waiting area for 
customers.  Installations may be conducted by mobile units.  If installation is done 
by a mobile unit, the customer [must have a  separate ] cannot observe the 
installation of the device [, enclosed waiting area available] . The business  premises 10 
 and mobile  units are subject to announced and unannounced  inspection by t he 
Commissioner or his or her agents.  
(7) [Do not employ as installers persons who have been convicted of an alcohol related 
traffic offense or any offense classified as a felony, within the previous  five years. ] 
A person employed as an installer must be at le ast eighteen years of age.  
(8) Persons employed as installers are subject to the approval of the  Commissioner. ] 
 
Section 5. Installation,   Monitoring,   Servicing   and Removal of Ignition Interlock 
Devices.  
 
(a) Installation:  
(1) An installer must provide proof of installation, including the information required in 
Section 6(a) (2), to the Commissioner electronically within 24 hours  or the next 
business  day of the installation.  
(2) Only installers, manufacturers and representatives of the Commissioner may observe 
the installation and removal of devices.  Reasonable security measures   must be taken 
to prevent access by unauthorized persons to devices, the written materials and 
hardware and software associated with the devices.  
(3) An installer shall examine each vehicle bef ore installing the device. The examination 
must include screening procedures to ensure the vehicle in which the device is to be 
installed is  in a mechanical and electrical condition that   will allow the device to meet 
the specifications contained in these rules.  Conditions that the manufacturer has 
determined would prevent the device from  meeting the specifications must be repaired 
before the device is installed. The person seeking installation is responsible for the costs 
of any repairs to the vehicle.   
(4) The device’s camera must be mounted [on the passenger side of the vehicle ] in such a 
manner as to capture the front compartment of the vehicle. The camera shall capture an 
image of both the driver and the front  passenger  area.  
(5) After a device is installed, the vehicle and device must be inspected to ensure that the 
installation was performed properly, the device is working as required and the device 
does not interfere with the normal operation of the vehicle.  11 
 (6) An installer must certify that a device has been installed. The certification shall be made 
on a form prescribed by the  Commissioner.  
(7) A warning label, approved by the Commissioner, must be affixed to installed devices. 
The warning label must contain the following information:  “WARNING”  - A person 
removing, tampering with, disconnecting or otherwise  circumventing this device may 
be subject to civil penalties.  23 VSA  §1213(k).  
 
(b) Monitoring and Servicing:  
(1) An installer must follow the requirements established by this rule and the 
manufacturer’s specifications  for service monitoring, service and repair.  
(2) A device must be scheduled for service [ 30] 60 calendar  days after  [initial]  installation 
and thereafter at intervals not to exceed [ 37] 60 calendar  days.  
(3) Calibration [S]service must be provided within [ three business ] five calendar  days after 
the request for service is  made.  
(4) Each time a device is serviced, the installer  must: 
i. Review the data recorded in the device’s memory and retain a copy in the 
person’s  file. 
ii. Inspect the device for indications of tampering.  
iii. Calibrate the  device.  
 
(5) For those manufacturers who perform “swap outs” at every scheduled service visit, i.e. 
remove the currently installed device and replace it with a new device, the 
installer /manufacturer  must:  
i. Review the data recorded in the removed device’s memory and retain a copy in 
the person’s  file. 
ii. Inspect the removed device for indications of  tampering.  
 
(c) Removal:   
 
[The following does not apply to “swap outs” as described in Section 5(b) (5)]  12 
  
(1) Only a manufacturer or installer may remove a device.  
(2) An installer or manufacturer must notify the Commissioner electronically within 24 
hours  or the next business day  of the removal of a device stating the specific reasons 
for removal.  
(3) Whenever a device is removed, the vehicle must be restored to its  original condition. 
All severed wires must be securely reconnected and insulated with heat  shrink tubing 
or its equivalent. 
 
Section 6. Reports and Records.  
 
(a) Violations  Reports:  
(1) A manufacturer or installer must electronically notify the Commissioner [and 
Vermont Department of Corrections]  within 24 hours  or the next business day  of 
discovering reliable information showing:  
i. Evidence of circumventing, removing, or tampering with a device.  
ii. A registered 0.02 or greater BAC during a first rolling  retest  or random 
rolling retests . 
iii. A failure to successfully complete [submit to ] a retest [that results  in a 
permanent lock out condition ]. 
iv. A [missed service visit] device entered a lockout state, to include the date, 
time and the cause of the lockout . 
 
(2) The report must include the following information:  
i. Name and affiliation (manufacturer and installer) of the person submitting 
the report.  
ii. Reason and basis for the  report.  
iii. Driver’s full name, date of birth, driver license number and  address.  
iv. Registration plate number and the vehicle identification number of the  vehicle 
in which the device is installed.  
   13 
 (b) Driver Monitoring  Reports:  
(1) A manufacturer or installer must electronically notify the Commissioner within 24 
hours or the next business  day of the servicing of a device.   
(2) The report must include the information required by subdivision (a) (2) of this 
section and the results of the service, including a summary of the  information 
provided by the device’s data  recorder.  
 
(c) Six Month Status  Repo rts: 
(1) An installer must electronically provide [ encrypted ] data to the manufacturer 
[once every six months ] for the periods of January 1 through June 30 and July 1, 
through December 31,  [F]for each device installed on vehicles to be  operated within 
the state of Vermont, a manufacturer must electronically  provide the 
Commissioner a status report [once every six  months ]. 
(2) The report must provide the  following  in a form at provided by the  commissioner : 
i. Information required by §6(a) (2) [(I) and  (ii)]. 
ii. [Standard prices established for installation, calibration, removal, device 
rental, reinstallation and any other standard  charges. ] 
iii. Non-standard charges assessed to any driver, listing the driver’s contact 
information as provided  in§6(a) (2) (iii) and the amount and  reason for the 
charge. ] 
iv. Number of requests for financial assistance  as set forth in23 V.S.A. § 1213 
(l) (1), 3SquaresVT, LIHEAP or Reach Up . 
v. List of persons, including the information required by §6(a) (2) (iii)  and (iv)  
who had a device installed or removed from a  vehicle.   
vi. Number of devices installed and number of devices that  malfunctioned or 
were defective requiring service, repair or  replacement. The serial numbers 
and the specific problem identified  for malfunctioning and defective devices 
must be included in the  report.  
vii. Number of service visits that resulted in a charge to a driver,  including the 
information required by §6(a) (2) (iii), amount of the  charge and the reason 
for the charge. ] 14 
 viii. Number and a summary of all complaints received and the corrective  
action, if any, taken by the manufacturer or installer for each model or type 
of device.  
ix. The date any service is  performed.  
x. The mileage [ and hours of operation ] of the vehicle since the previous  
service was  performed.  
(d) A manufacturer or installer must keep all records relating to the application for 
approval of a device and all records relating to the installation, service, removal, 
performance and use of individual devices for a period of three years following the 
removal  of any  device.  
 
Section 7. Audit and Inspection of Records and Facilities.  
 
The Commissioner or his or her agents may audit and inspect the facilities and records of a 
manufacturer and installer to verify compliance with the requirements of this rule. Manufacturers 
and installers must make facilities and records available to the Commissioner or his or her agents 
during reasonable business hours. 
 
Section 8. Application for Ignition Interlock Restricted License/Certificate . 
 
(a) A person eligible under 23 VSA §1205(a) (2),  §1205(m), §1206(a), §1208 or §1216 may  
apply for an ignition interlock restricted  driver’s license /certificate . The application,  
on a form prescribed by the Commissioner, signed and sworn to by the applicant shall  
be accompanied by the person’s  unexpired Vermont  operator’s  driver’s  license;  
satisfactory  proof of installation of an  approved ignition  interlock device in any motor 
vehicle to be operated by the applicant . If the  applicant is not the owner of the vehicle 
the applicant must be  named  on the  installation notice as a driver of  this vehicle;  
proof  of financial responsibility  [; and, proof of enrollment in an  alcohol and  driving  
education  program] . Additionally, if the applicant is not the  owner of the vehicle, 
written permission  from the owner of the vehicle must be provided specifically 
granting the applicant  permission to operate this vehicle with the IID.  The written 
permission must identify the vehicle with the same information  contained on the 
Installation  Notice.  15 
 (b) A person  to whom a RDL has been issued, shall be responsible for all breath tests  
performed in his or her vehicle.  
(c) A person whose license [has been]  is currently  suspended pursuant to 23 VSA  
§1201(a) (3) , “under the influence of drugs or a combination of other drugs and 
alcohol”,  may not be issued a  RDL.  
(d) When a Vermont operator’s  driver’s  license is received by the Department of Motor 
Vehicles in connection with an application for an ignition interlock restricted driver’s 
license, it will be immediately destroyed upon the issuance of the  restricted license  
[receipt by the  Department ]. 
(e) An ignition interlock restricted driver’s license shall be considered to be a corrected 
license within the meaning of 23 VSA §613(a).  
(f) A person who has been issued a license restricted to operation of a vehicle equipped with 
an ignition interlock device by another jurisdiction, and who is otherwise eligible for the 
issuance of a Vermont license, may be issued a RDL,  but not a junior operator’s  driver’s  
license, in accordance with this  rule. 
(g) Once a person applying for a RDL pursuant to 23 VSA §1213(e) has met the requirements 
of that section, an examination as required by 23 VSA §632 shall  be administered. A road 
test may be conducted without the individual having to obtain a learner  permit.   
(h) In the case of an initial application only, the ignition interlock RDL shall expire at midnight 
on the eve of the second anniversary of the date of birth of the  applicant after issuance. 
Thereafter, an ignition interlock RDL must be renewed  yearly.  
(i) A person may request that the ignition interlock device installed in his or her vehicle be 
adjusted to allow a minimum breath sample of 1 . [0] 2 liters of breath  volume per blow. 
The request shall be made on a form furnished by the Commissioner and be accompanied 
by a certification from a licensed pulmonologist stating that the person has a lung condition 
that renders him or her incapable of providing a 1.5 liter s ample of alveolar air. In the event 
that the request is granted, the manufacturer will be notified that the device may be 
adjusted. The manufacturer will in turn notify its  installer.  
(j) When providing a breath sample, the driver must be seated in the driver’ s seat to  ensure 
the device’s camera captures the image of the driver actively providing the breath  sample.  16 
 A person may not cover the camera or otherwise attempt to prevent an image of his or her 
face from being captured while providing breath samples for vehicle starts, when taking 
an initial breath test, first rolling retest and all random rolling retests.  
(k) A person issued a restricted driver’s license  or certificate  pursuant to 23 VSA §1213 and 
this rule violates the terms and conditions of the restricted driver’s   license when the  
person:  
(1) Operates a motor vehicle without an ignition interlock  device.  
(2) Requests or solicits another person to blow into or otherwise activate the device for 
the purpose of providing the restricted driver with an operable  motor vehicle.  
(3) Removes, tampers with, disconnects or disables the device or circumvents the 
operation of the  device.  
(4) Registers a 0.02  or greater  BAC during a  first or subsequent  rolling retest.  
(5) Fails to submit to [a] three consecutive breath  retest s that results in a [ permanent ] 
lock out  state  [condition ]. 
(6) Misses a service  visit.  
(7) Has the device removed from the vehicle by a manufacturer, installer or 
unauthorized  person  prior to DMV’s release?  [?] 
 Violation of any of these conditions must result in the immediate [ recall ] extension of the 
person’s RDL requirements  [license]  for the time periods set out in 23 VSA §1213 (h) and ( i). 
[Upon expiration of any recall period, a person whose RDL has been recalled pursuant to this 
section may reapply for a RDL in the same manner as the original application.]  
 
Section 9.         Right to Hearing. 
 
(a) A person whose application for an ignition interlock RDL is denied  may request a hearing. 
The hearing will be held pursuant to 23 VSA §105 -  §107. The issue at hearing is whether, 
by a preponderance of the evidence, the person can show cause why the decision of the 
Commissioner should not be  upheld.  
(b) A person who has been  convicted or adjudicated of an offense described in 23 VSA 
§1213(h) or ( i) resulting in the recall of his or her RDL, may request an  administrative 
hearing for the sole purpose of verifying the record of adjudication or conviction.