Wyoming Administrative Rules

Transportation, Dept. ofMotor Vehicles & Licensing
Chapter 10: Ignition Interlock Devices and Service Providers
Effective Date:

04/30/2014 to Current

Rule Type:

Current Rules & Regulations

Reference Number: 045.0005.10.04302014

Generated 07/20/2022

Wyoming Department of Transportation
Ignition Interlock Devices and Service Providers
CHAPTER 10Section 1.

Authority and Purpose.

These rules of practice and procedure are promulgated by authority of W.S. 31-7-401
to administer ignition interlock devices and installers as discussed in W.S. 31-7-401 throughW.S. 31-7-404.
Section 2.

Definitions.

(a)
As used in these rules and regulations, the following terms, when used, havethe following meanings:(i)“Calibrate” means to test and adjust an ignition interlock device sothat it accurately measures alcohol concentration.
(ii)“Certificate” means a document issued by the Department authorizing
a person to install and remove ignition interlock devices and, where applicable, to train
installers.
(iii)“Circumventing” means an overt, conscious attempt to use a bogus orfiltered breath sample or an electronic bypass mechanism to start a vehicle, or to push start or
hot wire a vehicle without taking and passing an initial breath test.
(iv)“Department” means the Wyoming Department of Transportation.

(v)“Filtered breath sample” means a breath sample filtered through a
substance such as, but not limited to, silica gel, drierite, cat litter, cigarette filters, waterfilters, or cotton in an attempt to remove alcohol from the sample.
(vi)“Initial breath test” means a breath test required to start a vehicle toensure that the driver’s alcohol concentration is below the maximum allowable level before adriver can start a vehicle.
(vii) “Ignition interlock service provider” means any person who installs,services, monitors, calibrates, or repairs ignition interlock devices and who must be certified
by the Department to perform such work. The term will also include “manufacturer” asdefined in this rule.
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(viii)interlock devices.

“Manufacturer” means a person who produces or assembles ignition(ix)“Random retest” means a breath test required within randomly
variable intervals while a driver is driving a vehicle to ensure that the driver’s alcohol
concentration remains below the maximum allowable level.
(x)“Reference sample” means either a dry gas sample or a wet bathsolution containing a known concentration of alcohol at a known temperature used tocalibrate an ignition interlock device.
(xi)“Service” means to calibrate, maintain, download data from, andinspect ignition interlock devices for evidence of tampering or circumventing, and to report
information to the Department.
(xii) “Service technician” means an employee of an ignition interlock
service provider who is trained by a manufacturer or an ignition interlock service provider toservice ignition interlock devices.
Section 3.

Initial Certification for Ignition Interlock Service Providers.

(a)No person or licensee may install or remove ignition interlock devices without
first having obtained a certificate from the manufacturer.
(b)
A person wishing to obtain a certificate as a service provider must file anapplication with the Department. A person may obtain an application by contacting theDepartment. The application shall contain:(i)
The applicant’s name, address, and telephone number. A fax number
and e-mail address should be included if available.
(ii)
with the applicant;(c)whether:

The name and location of the service center employing or contracting

In reviewing applications for certification, the Department shall consider(i)

The applicant is at least 18 years of age;(ii)
The applicant has been convicted of any crime substantially related tothe qualifications, functions, and duties required to install or remove devices;

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(A)
The applicant shall not have been convicted in the last 2 yearsof driving under the influence of alcohol or drugs;(B)
The applicant shall not have had a driver’s license suspended,revoked, cancelled, denied, or disqualified in the last 2 years for any reason; and(iii)
The applicant has been convicted for circumventing or tampering with
an ignition interlock device.
(d)
An ignition interlock service provider shall be valid for one year from theissue date, unless suspended or revoked for cause before that date.
Section 4.

Performance Standards for Ignition Interlock Devices.

All ignition interlock devices must be based on alcohol-specific fuel cell sensortechnology and must meet the most current National Highway Traffic Safety Administration
specifications as published in the Federal Register.
Section 5.
(a)Standards for Detecting Breath Alcohol Concentration.

For an initial breath test, an ignition interlock device shall:(i)
has been collected.

Indicate by audible or visual means when a sufficient sample of breath(ii)
Indicate the results of the breath test by using pass and fail signals andnot by displaying a numerical alcohol concentration level.
(iii)

Prevent a driver from starting a vehicle when:(A)
It detects an alcohol concentration of 0.025 or more grams ofalcohol per 210 liters of breath.
(B)
A driver fails to appear for a scheduled or violation service
visit within the 5-day warning period.
(iv)
Require a driver to wait 5 minutes before attempting to start thevehicle a second or third time if the driver’s alcohol concentration on the initial breath test
exceeded 0.025 grams per 210 liters of breath.

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(v)
Require a driver to wait 30 minutes before attempting to start thevehicle a fourth or subsequent time if the driver’s alcohol concentration on the second breath
test exceeded 0.025 grams per 210 liters of breath.
(vi)
Allow a driver to start the vehicle for 3 minutes after successful
completing an initial breath test.
(b)

An ignition interlock device shall require random retests.

(i)
The device shall require the driver to take a random retest within arandomly variable interval ranging from 3 to 10 minutes after a driver has passed an initialbreath test and started the vehicle.
(ii)
The device shall use an audible or visual warning to alert the driverthat a random retest is required, and the driver shall have 5 minutes to take the random retest.
(iii)
If a driver fails to take a random retest within 5 minutes of thewarning, or if the device detects an alcohol concentration of 0.025 or more grams of alcoholper 210 liters of breath, the horn shall sound repeatedly or lights flash repeatedly until thevehicle is turned off. The device shall not allow the driver to restart the vehicle within 5
minutes after the ignition has been turned off without taking an initial breath test.
(iv)
For the duration of travel, the device shall require additional random
retests at random intervals ranging from 30 to 60 minutes after the previous test.
(v)
If the vehicle is intentionally turned off or accidentally stalls after or
during the warning of an impending random retest, but before the driver takes the random
retest, the driver shall not be able to start the vehicle without taking an initial breath test.
Section 6.
(a)Data Recording Requirements for Ignition Interlock Devices.

An ignition interlock device shall record the following driving events:(i)

All attempts to circumvent the device;(ii)

All attempts to tamper with the device;(iii)

All attempts to start the vehicle without first taking an initial breath(iv)

All attempts to continue driving the vehicle without taking a random

test;

retest;10-4

(v)The date, time, alcohol concentration of the driver, and success or
failure of each attempt to start the vehicle;(vi)
The date, time, alcohol concentration of the driver, and success or
failure of each random retest;(vii)
service visit; and(viii)

The total number of events recorded by the data recorder since the last

The number of vehicle starts.

(b)
An ignition interlock device data recorder shall be incorporated into a modulethat cannot be detached and shall have a backup system to protect the security of all recorded
data if the power supply to the device is interrupted or the sample head is disengaged ordisconnected.
Section 7.

Recertification of Ignition Interlock Service Providers.

(a)
A service provider must file an application for renewal of his or her certificatewith the Department within 30 days from the expiration date on the certificate.
(b)

A person may obtain an application for renewal by contacting the Department.

(c)
The Department shall renew the certificate of an ignition interlock service
provider for a period of one year if the service provider:(i)

Has filed the required documents;(ii)

Meets the standards specified in preceding Section 3, Subsection (c) of

these rules.
(d)

The Department shall not renew the certificate of any service provider who:(i)

Fails to file the required documents; or(ii)Fails to meet the standards specified in preceding Section 3,Subsection (c) of these rules.
Section 8.
(a)Installation of Ignition Interlock Devices.

An ignition interlock service provider shall:

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(i)
Ensure that no driver or other unauthorized person witnesses theinstallation or removal of an ignition interlock device.
(ii)
Inspect all vehicles before installation to determine that mechanicaland electrical parts of the vehicle affected by an ignition interlock device are in acceptablecondition and not install a device unless and until the vehicle is in acceptable condition.
(iii)
Follow a manufacturer’s written instructions for installing, servicing,and removing its ignition interlock devices.
(iv)

Install the following physical anti-tampering measures:(A)
Use solder or equivalent (hard wire) on all connections
between an ignition interlock device and a vehicle.
(B)
Place all connections between a device and a vehicle under thedash or in an inconspicuous area of the vehicle.
(C)wire, sheathing, or tape:

Cover with a unique and easily identifiable seal, epoxy, resin,(I)

Any portion of an ignition interlock device that can be(II)All wires used to install the device that are not inside a(III)All exposed electrical connections.

disconnected;

secured enclosure; and(D)Mark points likely to be accessed when attempting to tamper
with the device, such as battery post terminals, the wire to the starter solenoid, the wire to theignition, dash screws, and so forth with a special mark, seal, paint, epoxy, resin, or othermaterial unless the device is capable of recording such attempts to tamper with it.
(b)
An ignition interlock service provider shall calibrate each device at a
calibration set point of 0.03 using the known concentration of an approved reference sample
before the device is installed in a vehicle.
Section 9.
(a)Servicing of Ignition Interlock Devices.

An ignition interlock service provider shall:

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(i)
Service a device within 30 days after the initial installation andthereafter as recommended by the manufacturer, but not to exceed 60 days.
(ii)
Ensure that another device is substituted whenever an installer
removes a device for any reason.
(iii)
(b)

Calibrate every installed device at least every 60 days.

At each service visit, the ignition interlock service provider shall:(i)Perform a calibration confirmation test to verify that the device
measures an approved reference sample within plus or minus 0.005 grams per 210 liters of
the known concentration of the reference sample.
(A)
If the result of the calibration confirmation test is not withinplus or minus 0.005 grams per 210 liters of the known concentration of the approved
reference sample, the service center operator shall recalibrate the device.
(B)
If the device fails the calibration confirmation test after being
recalibrated, the service center operator shall ensure that a new device is installed.
(ii)
Check that the device will permit a driver to restart a vehicle within 5
minutes without taking another breath test after the vehicle has stalled or been turned off.
(iii)
Check the device for evidence of tampering and circumvention. An
ignition interlock service provider shall document and photograph any perforations, cuts, orother evidence of possible tampering.
Section 10.

Record Keeping and Reporting Requirements.

(a)
A manufacturer shall maintain for 3 years and make available to theDepartment upon request:(i)

Records on every driver, including the results of every service visit;(ii)

Service, calibration, repair, and replacement records on each device

installed; and(iii)
Records of all complaints received and corrective actions taken by theignition interlock service provider. The report shall be categorized by:(A)

Customer error or operation.
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(B)

Faulty automotive equipment.

(C)

Apparent misuse or attempt to tamper with or circumvent the(D)Device failure.

device.

(b)Within 5 business days of a service visit, a manufacturer shall report, in aformat prescribed by the Department:(i)

Any evidence of circumventing, removing, or tampering with the(ii)Any failure to appear for a service visit within the 5-day warning(iii)

The failure of any initial breath tests within a 3-hour period.

(iv)

The failure of 6 random retests in any 30-day period.

device.

period.

(c)
A manufacturer shall submit to the Department statistical data regarding
driver and equipment performance every 30 days or at other times upon request.
Section 11.

Removal of Ignition Interlock Devices.

(a) An ignition interlock service provider shall remove an ignition interlock device,permanently reconnect all severed wires and insulate them with heat shrink or equivalent,and otherwise return a vehicle to normal operating condition:(i)

For devices installed pursuant to W.S. 31-7-401 through W.S. 31-7-404:(A)

Upon expiration of the term specified in W.S. 31-7-402; or(B)

Upon lawful order of the court or Department.

(ii)
When the driver’s ignition interlock license has been suspended
pursuant to W.S. 31-7-403.
(b)
An ignition interlock service provider shall notify the appropriate authorities
and may petition the Department for authorization to remove an ignition interlock device if
any of the following occur:
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(i)
The vehicle in which the device is installed is sold, stolen, damaged
beyond repair, repossessed, permanently moved out of the ignition interlock service
provider’s territory, or impounded.
(ii)

The driver is deceased.

(iii)
The sentenced driver fails or refuses to pay fees for so long that thedevice will not function until it is serviced.
(iv)
If a driver refuses to continue to use an ignition interlock device anddemands that it be removed, an ignition interlock provider may remove the device, but shallimmediately notify the Department of the removal.
Section 12.

Responsibilities of the Department.

(a)
The Department shall establish and maintain a list of ignition interlock
devices approved for use in Wyoming by manufacturer and model or class.
(b)

The Department or its designee shall have the right to periodically evaluate:(i)

The technical competency and reliability of ignition interlock service(ii)

Service centers and service technicians for ignition interlock service(iii)

The installation, servicing, and removal of ignition interlock devices.

Section 13.

Suspension or Revocation of Approval for an Ignition Interlock
Device.

providers;providers; and(a)device if:

The Department may suspend or revoke its approval of an ignition interlock(i)
The Department has evidence of repeated device failure because ofgross defects in design, materials, or manufacture.
(ii)
The manufacturer requests the Department to remove a device fromthe list of approved devices.

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(iii)The Department finds that the device does not meet the requirementsof this rule.
(iv)
The Department has reasonable cause to believe the device wasinaccurately represented to meet the requirements of this rule.
(b)
The suspension or revocation shall be effective 30 days after notice is sent to
the manufacturer or ignition interlock service provider via certified mail, return receipt
requested, except in cases in which the Department determines immediate suspension orrevocation is necessary for the safety and welfare of the citizens of Wyoming.
(c)
A manufacturer or ignition interlock service provider may request a review ofa suspension or revocation. This request shall be submitted to the Department in writing
within 30 days of the suspension or revocation.
(d)Upon suspension, revocation, or voluntary surrender of an approval, amanufacturer or ignition interlock service provider shall notify all of its retailers in Wyomingthat they shall:(i)
Not install that model or class of device in any driver’s vehicle after
the effective date of the suspension, revocation, or voluntary surrender; and(ii)Shall remove all such devices from drivers’ vehicles. A manufacturer
shall be responsible for all costs connected with removing such devices and installing new
devices from the Department’s list of approved devices.
Section 14.

(a)

Suspension or Revocation of an Ignition Interlock Service
Provider’s Certificate.

The Department may suspend or revoke the certificate of a service provider if:(i)
The Department finds that the ignition interlock service provider has
not complied with the requirements of this rule.
(ii)

The ignition interlock service provider has been convicted of:(A)

Circumventing or tampering with an ignition interlock device;(B)

Any other crime substantially related to installing, servicing,orand removing devices.

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(C)

Any of the crimes listed under Section 3(c)(ii) of these rules

and regulations.
(b)
The suspension or revocation shall be effective 30 days after notice is sent to
the ignition interlock service provider via certified mail, return receipt requested, except incases where the Department determines immediate suspension or revocation is necessary forthe safety and welfare of the citizens of Wyoming.
(c)
An ignition interlock service provider may request a review of suspension orrevocation. This request shall be submitted to the Department, in writing, within 30 days ofthe suspension or revocation.
(d)Upon suspension or revocation, an ignition interlock service provider shallnotify:(i)
The manufacturers of the models or classes of devices the ignitioninterlock service provider has been providing; and(ii)The drivers of vehicles for whom the ignition interlock service
provider has provided a device.

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