Section 1001.443 Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program

Section 1001

Section 1001.443  Breath Alcohol Ignition Interlock

Device Multiple Offender − Compliance with Interlock Program

a)         Ownership

Defined.  For the purposes of this Section, a person "owns" a vehicle

when it is registered in the person's name, regardless of whether it is

registered solely in the person's name or jointly with another person or

persons, except as follows:

1)         When

the offender is able to demonstrate that the offender's name is on the joint

title solely for the purpose of allowing a third party to obtain financing to

purchase the vehicle, and the vehicle is not available for use by the offender;

2)         A

vehicle is not considered to be owned by the person when:

A)        that

person owns and operates a business as a sole proprietorship or as a

partnership with 3 or fewer partners;

B)        the

business has been in existence for at least 2 years prior to the date of the

application for an RDP;

C)        the

person identifies 4 or more vehicles registered in the person's name that are

used exclusively in the operation of the business;

D)        the

person does not operate any of the identified vehicles at any time; and

E)        the

person is able to provide the name, address and driver's license number of the

business employees who operate the identified vehicles.

b)         Installation

Required

1)         Anyone

who is required to install a BAIID on all owned vehicles, pursuant to IVC Sections

6-205(h) and 11-501.01(e), and who is granted any driving relief pursuant to

Subpart D of this Part, shall have a BAIID installed on all owned vehicles

within

14 days after the issuance of

driving relief.  The offender must maintain a BAIID on each vehicle for a

period of 1,826 consecutive days.

2)         For

purposes of subsection (b)(1), the period of 1,826 consecutive days begins on

the date that a BAIID is installed on all owned vehicles and ends 1,826 days

later.  This shall be known as the "base period"

installed on all owned vehicles

within

14 days after the issuance of

driving relief.  The offender must maintain a BAIID on each vehicle for a

period of 1,826 consecutive days.

2)         For

purposes of subsection (b)(1), the period of 1,826 consecutive days begins on

the date that a BAIID is installed on all owned vehicles and ends 1,826 days

later.  This shall be known as the "base period".  The base period

remains the same regardless of whether the petitioner adds or replaces vehicles

during the 1,826 consecutive days.  The 1,826-day base period does not begin to

run if a permittee is granted an RDP and only drives a vehicle for which an

employment exemption has been granted.

c)         Verification

of Compliance.  The Secretary shall verify compliance by conducting periodic

checks of the vehicle registration records of BAIID multiple offenders, and by

monitoring compliance with the terms and conditions of the interlock

requirements as provided in Section 1001.441.

1)         If

the Secretary finds evidence of non-compliance with the installation

requirements by a BAIID multiple offender, then the Secretary will send the

offender a letter asking for an explanation for the alleged violation.  If a

response is received within 21 days after the date of the Secretary's letter

and it reasonably assures the Secretary that no violation occurred, no further

action will be taken.  If a response is not received within 21 days or does not

reasonably assure the Secretary, the failure to comply will result in the

immediate cancellation of the driving relief issued.  The cancellation will not

be terminated until the offender comes into compliance.  BAIID multiple

offenders whose driving privileges are cancelled due to violation of the

installation requirements will be required to come into compliance and maintain

compliance for another 1,826 consecutive days

ry, the failure to comply will result in the

immediate cancellation of the driving relief issued.  The cancellation will not

be terminated until the offender comes into compliance.  BAIID multiple

offenders whose driving privileges are cancelled due to violation of the

installation requirements will be required to come into compliance and maintain

compliance for another 1,826 consecutive days.

2)         If the Secretary finds evidence of

non-compliance with the installation requirements by a BAIID multiple offender

who is also a

BAIID permittee as defined in

Section 1001.410 and who, therefore, is issued a restricted driving permit

,

then the Secretary will send the offender a letter asking for an explanation

for the alleged violation.  If a response is received within 21 days after the

date of the Secretary's letter and it reasonably assures the Secretary that no

violation occurred or the violation has been rectified, no further action will

be taken.  If a response is not received within 21 days or does not reasonably

assure the Secretary, the failure to comply will result in the immediate

cancellation of the driving relief issued.  Pursuant to Section 1001.441(g) and

(l), the

BAIID permittee will not be

granted another hearing for 90 days from the date of the cancellation, except

to contest the cancellation

.

3)         If

the Secretary finds evidence of non-compliance with the terms and conditions of

the interlock requirements by a BAIID multiple offender whose driving

privileges have been reinstated, then the offender's driving privileges will be

cancelled for a term of 3 months on the first violation, 6 months on the second

violation, and 12 months on the third and subsequent violations.  At the end of

the period of cancellation, the offender will be required to come into and

maintain compliance for another 1,826 consecutive days

le offender whose driving

privileges have been reinstated, then the offender's driving privileges will be

cancelled for a term of 3 months on the first violation, 6 months on the second

violation, and 12 months on the third and subsequent violations.  At the end of

the period of cancellation, the offender will be required to come into and

maintain compliance for another 1,826 consecutive days.

4)

The Secretary reserves the discretion to cancel a BAIID

multiple offender's

driving privileges

if monitor reports, processed after a hearing is conducted or after the

reinstatement of the BAIID multiple offender's

driving privileges, show a violation of the terms and conditions of the

interlock requirements, including the use of any product intended to prevent

accurate readings by the BAIID.

d)         In addition to installing

a BAIID on every vehicle owned, a BAIID multiple offender is prohibited from

driving any vehicle that does not have a BAIID installed, unless the offender

is granted an employment exemption in accordance with IVC Section 6-205 or 6-206

and Section 1001.441 of this Part.

e)         A BMO

who has been granted driving relief prior to January 1, 2016, or who has had a

hearing prior to January 1, 2016 and the order from that hearing grants driving

relief, is subject to a compliance period of 366 consecutive days.  A BMO who

is granted driving relief and does not complete the requirements of the driving

relief (i.e., payment of reinstatement fee, filing of SR-22 insurance,

completion of vision, written and road exams) within the time required by the

Secretary, whose driving relief is cancelled, whose petition for driving relief

is denied, or who uninstalled the BAIID prior to having the BAIID installed for

366 consecutive days, shall thereafter be subject to a compliance period of

1,826 consecutive days.

f)         The

offender may contest a cancellation entered pursuant to this Section by filing

a petition for a formal hearing pursuant to IVC Section 2-118.