NY Veh & Traf L § 1198 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto 1198 - Installation and Operation of Ignition Interlock Devices.

* § 1198. Installation  and  operation  of ignition interlock devices. 1. Applicability. The provisions of this section shall apply  throughout the  state  to each person required or otherwise ordered by a court as a condition of probation or conditional discharge to install  and  operate an  ignition  interlock  device  in  any vehicle which he or she owns or operates.   2. Requirements. (a) In addition to any other penalties prescribed  by law, the court shall require that any person who has been convicted of a violation  of  subdivision two, two-a or three of section eleven hundred ninety-two of this article, or any crime defined by this chapter or  the penal  law  of  which  an  alcohol-related violation of any provision of section eleven hundred  ninety-two  of  this  article  is  an  essential element,  to  install  and  maintain,  as  a  condition  of probation or conditional  discharge,  a  functioning  ignition  interlock  device  in accordance  with  the  provisions of this section and, as applicable, in accordance with the provisions of subdivisions one and one-a of  section eleven  hundred  ninety-three  of  this  article; provided, however, the court may not authorize the operation of a motor vehicle by  any  person whose  license  or privilege to operate a motor vehicle has been revoked except as provided herein. For any such individual subject to a sentence of probation, installation and maintenance of  such  ignition  interlock device shall be a condition of probation.  (b)  Nothing  contained  in  this section shall prohibit a court, upon application by a probation department, from modifying the conditions  of probation  of  any  person  convicted  of  any  violation  set  forth in paragraph (a) of this subdivision prior to the effective  date  of  this section,  to  require  the installation and maintenance of a functioning ignition interlock device, and such person shall thereafter  be  subject to the provisions of this section.  (c)  Nothing  contained  in  this  section  shall authorize a court to sentence any person to a period of probation  or  conditional  discharge for  the  purpose  of  subjecting  such person to the provisions of this section, unless such person would have otherwise been so eligible for  a sentence of probation or conditional discharge.   3.  Conditions.  (a)  Notwithstanding  any other provision of law, the commissioner may grant a post-revocation  conditional  license,  as  set forth  in  paragraph  (b)  of this subdivision, to a person who has been convicted of a violation of subdivision two, two-a or three  of  section eleven  hundred ninety-two of this article and who has been sentenced to a period of probation or conditional discharge, provided the person  has satisfied  the  minimum  period of license revocation established by law and the commissioner has been notified that such person may operate only a motor vehicle equipped with a functioning ignition  interlock  device. No  such  request  shall  be  made  nor shall such a license be granted, however, if such person has been found by a court to  have  committed  a violation  of  section  five  hundred  eleven of this chapter during the license revocation period or deemed by a  court  to  have  violated  any condition  of  probation or conditional discharge set forth by the court relating to the operation of a  motor  vehicle  or  the  consumption  of alcohol.  In  exercising  discretion  relating  to  the  issuance  of  a post-revocation conditional license pursuant to  this  subdivision,  the commissioner  shall  not deny such issuance based solely upon the number of convictions for violations  of  any  subdivision  of  section  eleven hundred  ninety-two  of this article committed by such person within the ten years prior to application for such license. Upon the termination of the period of probation or conditional discharge set by the  court,  the person  may  apply  to  the commissioner for restoration of a license or privilege to operate a motor vehicle in accordance with this chapter.  (b) Notwithstanding any inconsistent  provision  of  this  chapter,  a post-revocation conditional license granted pursuant to paragraph (a) of this  subdivision shall be valid only for use by the holder thereof, (1) enroute to and from  the  holder's  place  of  employment,  (2)  if  the holder's  employment  requires  the  operation  of  a motor vehicle then during the hours thereof, (3) enroute to and from a class or  course  at an  accredited  school,  college  or  university  or at a state approved institution of vocational or technical training, (4) to and  from  court ordered probation activities, (5) to and from a motor vehicle office for the  transaction  of  business relating to such license, (6) for a three hour consecutive daytime period, chosen by  the  department,  on  a  day during  which  the  participant  is  not  engaged in usual employment or vocation, (7) enroute to and from a medical examination or treatment  as part  of a necessary medical treatment for such participant or member of the participant's household, as evidenced by a written statement to that effect from a licensed medical practitioner, (8) enroute to and  from  a class or an activity which is an authorized part of the alcohol and drug rehabilitation   program   and  at  which  participant's  attendance  is required, and (9) enroute to and from a place, including  a  school,  at which  a child or children of the participant are cared for on a regular basis and which is  necessary  for  the  participant  to  maintain  such participant's  employment or enrollment at an accredited school, college or university or at  a  state  approved  institution  of  vocational  or technical training.  (c)   The   post-revocation  conditional  license  described  in  this subdivision may be revoked by  the  commissioner  for  sufficient  cause including  but  not  limited to, failure to comply with the terms of the condition of probation or conditional discharge set forth by the  court, conviction  of  any  traffic  offense  other than one involving parking, stopping or standing or  conviction  of  any  alcohol  or  drug  related offense, misdemeanor or felony or failure to install or maintain a court ordered ignition interlock device.  (d)  Nothing contained herein shall prohibit the court from requiring, as a condition of probation or conditional discharge,  the  installation of  a  functioning  ignition  interlock  device  in any vehicle owned or operated by a person sentenced  for  a  violation  of  subdivision  two, two-a, or three of section eleven hundred ninety-two of this chapter, or any  crime  defined  by  this  chapter  or  the  penal  law  of which an alcohol-related violation of any provision  of  section  eleven  hundred ninety-two  of this chapter is an essential element, if the court in its discretion, determines that such a condition is necessary to ensure  the public safety. Imposition of an ignition interlock condition shall in no way  limit  the effect of any period of license suspension or revocation set forth by the commissioner or the court.  (e) Nothing contained herein shall prevent the court from applying any other conditions of probation or conditional discharge allowed  by  law, including treatment for alcohol or drug abuse, restitution and community service.  (f) The commissioner shall note on the operator's record of any person restricted  pursuant  to  this  section  that,  in addition to any other restrictions, conditions or limitations, such person may operate only  a motor vehicle equipped with an ignition interlock device.   4.  Proof  of  compliance  and recording of condition.   (a) Following imposition by the court of the use of an ignition interlock device as  a condition  of  probation  or  conditional discharge it shall require the person to provide proof of compliance with this section to the court and the probation department or other monitor where  such  person  is  under probation  or  conditional discharge supervision. If the person fails to  provide for such proof of installation, absent a finding by the court of good cause for that failure which is entered in the  record,  the  court may  revoke,  modify, or terminate the person's sentence of probation or conditional  discharge  as provided under law.  Good cause may include a finding that the person is not the owner of  a  motor  vehicle  if  such person asserts under oath that such person is not the owner of any motor vehicle and that he or she will not operate any motor vehicle during the period  of  interlock  restriction except as may be otherwise authorized pursuant to law. "Owner" shall have the  same  meaning  as  provided  in section one hundred twenty-eight of this chapter.  (b) When a court imposes the condition specified in subdivision one of this  section, the court shall notify the commissioner in such manner as the commissioner may prescribe, and the  commissioner  shall  note  such condition  on  the  operating  record  of  the  person  subject  to such conditions.   5. Cost, installation and maintenance.  (a) The cost of installing and maintaining the ignition interlock device shall be borne by  the  person subject  to  such  condition  unless the court determines such person is financially unable to afford  such  cost  whereupon  such  cost  may  be imposed  pursuant  to  a  payment plan or waived.   In the event of such waiver, the cost of  the  device  shall  be  borne  in  accordance  with regulations  issued  under  paragraph  (g) of subdivision one of section eleven hundred ninety-three of this article or pursuant  to  such  other agreement  as may be entered into for provision of the device. Such cost shall be considered a fine for  the  purposes  of  subdivision  five  of section  420.10  of  the  criminal  procedure  law.  Such cost shall not replace, but shall instead be in addition to, any fines, surcharges,  or other costs imposed pursuant to this chapter or other applicable laws.  (b)  The  installation  and  service  provider  of the device shall be responsible for the installation, calibration, and maintenance  of  such device.   6.  Certification.  (a)  The  commissioner of the department of health shall approve ignition interlock devices for  installation  pursuant  to subdivision  one  of  this  section and shall publish a list of approved devices.  (b)  After  consultation  with  manufacturers  of  ignition  interlock devices  and  the  national  highway  traffic safety administration, the commissioner of the department  of  health,  in  consultation  with  the commissioner  and the office of probation and correctional alternatives, shall promulgate  regulations  regarding  standards  for,  and  use  of, ignition  interlock devices. Such standards shall include provisions for setting a minimum and maximum calibration range and shall  include,  but not be limited to, requirements that the devices:  (1)  have  features  that make circumventing difficult and that do not interfere with the normal or safe operation of the vehicle;  (2) work accurately and reliably in an unsupervised environment;  (3) resist tampering and give evidence if tampering is attempted;  (4) minimize inconvenience to a sober user;  (5) require a proper, deep,  lung  breath  sample  or  other  accurate measure of blood alcohol content equivalence;  (6) operate reliably over the range of automobile environments;  (7)  correlate  well with permissible levels of alcohol consumption as may be established by the sentencing court or by any provision  of  law; and  (8)   are  manufactured  by  a  party  covered  by  product  liability insurance.  (c)  The  commissioner  of  the  department  of  health  may,  in  his discretion,  adopt  in  whole  or  relevant part, the guidelines, rules,  regulations, studies, or independent laboratory tests performed  on  and relied  upon  for  the  certification  or approval of ignition interlock devices by other states, their agencies or commissions.   7.  Use  of other vehicles. (a) Any requirement of this article or the penal law that a person operate a vehicle only if it is equipped with an ignition interlock device shall apply to every motor vehicle operated by that person including, but not limited to,  vehicles  that  are  leased, rented or loaned.  (b)  No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving  privilege  restricted  to vehicles  equipped  with an ignition interlock device unless the vehicle is so equipped. Any person whose  driving  privilege  is  so  restricted shall  notify  any  other  person  who  rents,  leases, or loans a motor vehicle to him or her of such driving restriction.  (c) A violation of paragraph (a) or (b) of this subdivision shall be a misdemeanor.   8. Employer vehicle. Notwithstanding the provisions of subdivision one and paragraph (d) of subdivision nine of this section, if  a  person  is required  to  operate a motor vehicle owned by said person's employer in the course and scope of his or her employment, the  person  may  operate that  vehicle  without  installation  of  an approved ignition interlock device only in the course and scope of such employment and only  if  the employer  has been notified that the person's driving privilege has been restricted under the provisions of this article or the penal law and the person whose privilege has been so restricted has provided the court and probation department with written documentation indicating the  employer has  knowledge of the restriction imposed and has granted permission for the person to operate the employer's vehicle without the device only for business purposes. The person shall notify the court and  the  probation department of his or her intention to so operate the employer's vehicle. A  motor vehicle owned by a business entity which business entity is all or partly owned or controlled by  a  person  otherwise  subject  to  the provisions of this article or the penal law is not a motor vehicle owned by  the  employer  for  purposes  of  the  exemption  provided  in  this subdivision. The provisions of this subdivision shall apply only to  the operation of such vehicle in the scope of such employment.   9.  Circumvention  of  interlock  device.  (a) No person whose driving privilege is restricted pursuant to this article or the penal law  shall request,  solicit  or  allow  any  other person to blow into an ignition interlock device, or to start a motor vehicle equipped with the  device, for  the  purpose of providing the person so restricted with an operable motor vehicle.  (b) No person shall blow into an ignition interlock device or start  a motor  vehicle  equipped with the device for the purpose of providing an operable motor vehicle  to  a  person  whose  driving  privilege  is  so restricted.  (c)  No  person  shall tamper with or circumvent an otherwise operable ignition interlock device.  (d) No person subject to a court  ordered  ignition  interlock  device shall operate a motor vehicle without such device.  (e)  In  addition to any other provisions of law, any person convicted of a violation of paragraph (a), (b), (c), or (d)  of  this  subdivision shall be guilty of a Class A misdemeanor.   10.  Warning  label.  The  department of health shall design a warning label which the manufacturer shall  affix  to  each  ignition  interlock device upon installation in the state. The label shall contain a warning that  any  person  tampering,  circumventing,  or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability.    * NB Repealed September 1, 2023