Section 257.313a. Breath alcohol ignition interlock devices (BAIID).

Rule 13a. (1) If a person whose license was denied or revoked under section 303(2)(c) or (g) of the act, or  denied  or  revoked  under  section 303(2)(d) of the act for 1 conviction for a violation or attempted violation of section 625(4) or 625(5), or any prior or subsequent enactment of those provisions, whether under a law   of  this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state, was granted a restricted license on or before October 1, 1999, and the hearing officer continues the restricted license following a hearing held after October 1, 1999, then the hearing officer may do both of the following:

(a)     Require the installation of a BAIID on each motor vehicle the person owns or intends to operate, the costs of which shall be borne by the person whose license is restricted.

(b)     Condition the issuance of the   continued  restricted  license   upon verification by the department that a BAIID has been installed.

(2)     A restricted license permitted under section 319(8)(g) of the act shall not be issued until proof of the installation of the BAIID required under section 319(8)(h) of the act is provided to the department.

(3)     The minimum period required by section 322(9) of the act begins when both of the following have occurred:

(a)     The petitioner provides verification to the department that a BAIID has been installed.

(b)     The department issues a valid restricted license to the petitioner.

(4)      If a restricted license issued under section 322(6) of the act requiring a BAIID is interrupted, the hearing officer may aggregate the periods of time that a restricted license which included a BAIID requirement was actually operative to determine whether the minimum period required by section 322(9) of the act has been met.

(5)      The manufacturer, installer, or service provider shall service an installed BAIID not less than once every 60 days.

(6)      The manufacturer, installer, or service provider of a BAIID shall submit a report to the department if any of the following occur:

(a)       Servicing of the BAIID indicates that the person has committed a major or minor violation as defined in Rule 1a.

(b)     Servicing of the BAIID indicates that the person whose license is restricted under section 319(8)(g) of the act operated or attempted to operate the vehicle with a blood alcohol level of 0.025 grams per 210 liters of breath or higher. For the purposes of this subdivision,   a  person  is presumed to have operated with a blood alcohol level of 0.025 grams per 210 liters of breath or higher if the person fails to take any retest prompted by the BAIID. This subdivision does not apply if either of the following occurs:

(i)      For a start-up test, a start-up test failure occurs within the first 2 months after installation of the BAIID, or if  within  15   minutes  of  that detection the person delivers a breath sample  that  the   BAIID  analyzes  as having an alcohol content of less than

0.025 grams per 210 liters of breath.

(ii)      For any retest prompted by the BAIID, within 5  minutes  of  that detection the person delivers a breath sample that the BAIID analyzes as having an alcohol content of less than 0.025 grams per 210 liters of breath.

(c)      A driver causes a manufacturer, installer, or service provider to remove a BAIID without a written order from the department authorizing the removal. This subdivision does not apply if a BAIID is installed within 7 days after removal in any vehicle owned or operated by a driver whose license is restricted.

(7)     A report shall be submitted to the department not later  than  5 business days after an event listed under subrule (6) of this rule occurs or becomes known to the manufacturer, installer, or service provider. The manufacturer, installer, or service provider may also submit a written report to the department of any other activity that may

violate   these    rules   or    a restricted license requiring use of a BAIID issued by   the department  under section 322 or 319 of the act.

(8)     A manufacturer, installer, or service provider shall submit a report required by subrule (6) of this rule on a form and in a manner prescribed by the department and at the same time shall provide a copy of the report to the person for whom a report is required by subrule (6) of this rule.

(9)      A report required under subrule (6) of this rule shall include the following information:

(a)     All major and minor violations revealed by the servicing of the BAIID since the BAIID was installed or since the last servicing, whichever is later.

(b)       Unless subrule (6)(b)(i) or (ii) of this rule applies, all instances where the BAIID has recorded a blood alcohol level of 0.025 grams per 210 liters of breath or higher.

(c)     All dates of BAIID installation and removal.

(d)        Any relevant documentation and BAIID logs that support the event(s) indicated in the report, including BAIID logs from the day before and the day after the indicated event(s).

(e)     Any other information required by the department.

(10)       A report required under subrule (6) of this rule shall not be rescinded by a manufacturer, installer, or service provider.

(11)      If a major violation is reported to the department, then all of the following provisions apply:

(a)     The department shall reinstate the original revocation or denial, or both, under section 303 of the act and shall give not less than 5 days' written notice to the petitioner.

(b)     If a written request for a hearing is filed within 14 days after the reinstatement under subdivision (a) of  this  subrule,  then  the department shall schedule a hearing.

(c)      At a hearing scheduled under this subrule, the petitioner has the burden of establishing that the reinstated section 303 revocation or denial, or both, should be set aside or modified.

(12)      If a minor violation is reported to the  department,   then  the department shall extend the period of time before another hearing may be held by 3 months and shall extend  the minimum  period  of time  for the  BAIID requirement by 3 months.

(13)    After the minimum monitoring period defined in Rule 1a, all of the following provisions apply:

(a)      If a restricted license was issued under subrule (2) of this rule, the department may order the removal of the BAIID only after receipt of verification from the manufacturer, installer, or service provider that the person subject to using a BAIID has operated the vehicle with no instances of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher. The person does not have an instance of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher if either of the following occurs:

(i)      Within 15 minutes of that detection on a start-up test the person delivers a breath sample that the BAIID analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.

(ii)     Within 5 minutes of that detection on any retest prompted by the BAIID the person delivers a breath sample that the BAIID analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.

(b)     The department may order the  removal  of  the   BAIID  if  the  only instances of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher occurred within the first  2  months  after  the  BAIID  was installed.

(c)      The person subject to using a BAIID shall obtain a BAIID report from every manufacturer, installer, or service provider with which that person has had a BAIID installed.

(d)      Upon the request of a person subject to using a BAIID, the manufacturer, installer, or service provider shall prepare and submit a BAIID report to the department within 5 business days of the request on a form and in a manner prescribed by the department.

(e)      As directed by the department, the person subject to using a BAIID shall submit the report required under this subrule to the department.

(f)     A person subject to using a BAIID may be required to prove that he or she had the BAIID for the minimum time period required by the act.

(14)     Notwithstanding subrule (13) of this rule, at the conclusion of each 12-month period that a person has a BAIID installed in a vehicle, and anytime a person subject to using a  BAIID  causes  a  BAIID  to  be  removed,  the manufacturer, installer, or service provider shall prepare and submit to the department a report on a form and in a manner prescribed by the department, and shall provide a copy of the report to the person subject to using a BAIID.

(15)       At the request of the department, a manufacturer, installer, or service provider shall provide any information and documentation relevant to the department's monitoring of a person using a BAIID.

(16)     A manufacturer, installer, or service provider shall not provide overrides or override instructions to a person using a BAIID, or to someone on behalf of the person using a BAIID, unless such override is permitted by the national highway traffic safety administration's model specifications for BAIID, 57 Fed Reg 11772 (April 7, 1992), or authorized by the department.

(a)     If an override or override instruction is provided to a person using a BAIID or to someone on behalf of the person using a BAIID, the manufacturer, installer, or service provider shall service the BAIID within 24 hours and submit a report to the department on a form and in a manner prescribed by the

department within 1 business day of the service.

(b)      If the BAIID is installed in a vehicle that becomes inoperable or otherwise unable to be serviced beyond 24 hours, the manufacturer, installer, or service provider shall service the BAIID within 24 hours of the vehicle's return to operation.

(17)      The department shall inform a BAIID manufacturer, installer, or service provider when an order authorizing removal of a BAIID is issued.  This subrule does not apply unless the manufacturer, installer, or service provider requests, in a manner prescribed by the department, to be informed when a BAIID removal authorization order is issued.

(18)     Unless otherwise provided in the act or these rules, this rule applies to any BAIID the department is required to monitor under the act.

History: 1998-2000 AACS; 2011 AACS.