Wash. Admin. Code § 308-107-040 - Functioning device - Evidence that device is no longer installed or functioning
(1)
For purposes of
RCW
46.20.311,
46.20.385, and
46.20.740, the department may
determine that a device is no longer installed or functioning in the vehicle(s)
driven by a person based on:
(a) An ignition
interlock status verification form submitted by a manufacturer, or by an
authorized service provider associated with such manufacturer, indicating that
a device is no longer installed or functioning;
(b) Notice from the commission that a report
received under WAC
308-107-080 indicates that a
device is no longer installed or functioning or that the driver has failed to
appear for scheduled maintenance;
(c) The termination or expiration without
renewal of an agreement entered into between the department and the
manufacturer of the device(s) installed in the vehicle(s) driven by the
person;
(d) A statement from a law
enforcement officer made under
RCW
9A.72.085 indicating that a device has been
disabled or removed from a motor vehicle operated by the person; or
(e) A conviction under
RCW
46.20.740(2) for operating a
motor vehicle that is not equipped with a functioning device.
(2) Before making a determination
under this section, the department may consider evidence from the person
indicating that:
(a) The person is no longer
operating the vehicle in which a device is no longer installed or functioning
and that another vehicle driven by the person is so equipped; or
(b) The device has been replaced with a
functioning device installed by another manufacturer or authorized service
provider.
(3) Once the
department has determined under this section that a device is no longer
installed or functioning, the person must re-establish that a functioning
device has been installed before a license may be reinstated or reissued during
the remainder of an applicable period of restriction.
Notes
Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. 08-24-059, § 308-107-040, filed 11/26/08, effective 1/1/09.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) For purposes of RCW 46.20.311, 46.20.385, and 46.20.740, the department may determine that a device is no longer installed or functioning in the vehicle(s) driven by a person based on:
(a) An ignition interlock status verification form submitted by a manufacturer , or by an authorized service provider associated with such manufacturer, indicating that a device is no longer installed or functioning;
(b) Notice from the commission that a report received under WAC 308-107-080 indicates that a device is no longer installed or functioning or that the driver has failed to appear for scheduled maintenance;
(c) The termination or expiration without renewal of an agreement entered into between the department and the manufacturer of the device (s) installed in the vehicle(s) driven by the person;
(d) A statement from a law enforcement officer made under RCW 9A.72.085 indicating that a device has been disabled or removed from a motor vehicle operated by the person; or
(e) A conviction under RCW 46.20.740(2) for operating a motor vehicle that is not equipped with a functioning device .
(2) Before making a determination under this section, the department may consider evidence from the person indicating that:
(a) The person is no longer operating the vehicle in which a device is no longer installed or functioning and that another vehicle driven by the person is so equipped; or
(b) The device has been replaced with a functioning device installed by another manufacturer or authorized service provider .
(3) Once the department has determined under this section that a device is no longer installed or functioning, the person must re-establish that a functioning device has been installed before a license may be reinstated or reissued during the remainder of an applicable period of restriction.
Notes
Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. 08-24-059, § 308-107-040, filed 11/26/08, effective 1/1/09.