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O. Reg. 251/02: IGNITION INTERLOCK DEVICES

under Highway Traffic Act, R.S.O. 1990, c. H.8

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Versions
current August 29, 2016 (e-Laws currency date)
December 23, 2002 August 28, 2016

Highway Traffic Act
Code de la route

ONTARIO REGULATION 251/02

Ignition interlock devices

Historical version for the period December 23, 2002 to August 28, 2016.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“approval sticker” means a sticker in the form approved by the Minister for the purpose of this Regulation;

“authorized person” means a person authorized under subsection 41.2 (14) of the Act to install, maintain and remove approved ignition interlock devices;

“ignition interlock condition” means a condition on a person’s driver’s licence prohibiting that person from driving any motor vehicle that is not equipped with an approved ignition interlock device.  O. Reg. 251/02, s. 1.

Approved devices

2. An ignition interlock device is an approved ignition interlock device for the purpose of section 41.2 of the Act if,

(a) it uses alcohol-specific sensing technology that will not permit a false reading based on the introduction of another substance;

(b) it meets one of the following standards:

1. “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs)”, published by the National Highway Traffic Safety Administration (NHTSA), Department of Transportation, Washington, D.C., Docket No. 91-07, Notice 2, April 7, 1992.

2. “Qualification Test Specification for Breath Alcohol Ignition Interlock Devices for Use in the Province of Alberta”, published by the Solicitor General of Alberta, 1993; and

(c) it has an approval sticker affixed to it.  O. Reg. 251/02, s. 2.

Requirements for affixing approval sticker on installation

3. (1) An authorized person shall not affix an approval sticker to an ignition interlock device that meets the criteria set out in clauses 2 (a) and (b) unless,

(a) a person whose driver’s licence is subject to an ignition interlock condition requests the installation of the device in writing; and

(b) the authorized person is satisfied that the person’s driver’s licence is subject to an ignition interlock condition.  O. Reg. 251/02, s. 3 (1).

(2) The written request required by clause (1) (a) shall include an acknowledgement by the person that he or she understands how to operate the device and that he or she is responsible for ensuring that the device is properly operated and maintained and is not tampered with by any person.  O. Reg. 251/02, s. 3 (2).

(3) If the authorized person receives the request as required by subsections (1) and (2) and is satisfied that the person’s driver’s licence is subject to an ignition interlock condition, the authorized person shall affix an approval sticker to the handset part of the ignition interlock device so that the sticker is plainly visible after the device is installed.  O. Reg. 251/02, s. 3 (3).

(4) The authorized person shall make and retain a copy of the person’s driver’s licence if the authorized person affixes the approval sticker to the ignition interlock device.  O. Reg. 251/02, s. 3 (4).

Inspection and maintenance of device

4. (1) A person who has had an approved ignition interlock device installed into a motor vehicle must ensure that the motor vehicle is brought to the authorized person that installed the device for inspection and maintenance at least once every 60 days.  O. Reg. 251/02, s. 4 (1).

(2) Despite subsection (1), if the approved ignition interlock device installed into a motor vehicle is designed to be inspected and maintained by removing a component from it, the person who had the device installed must, at least once every 60 days,

(a) ensure that the component is removed, in accordance with the instructions of the authorized person that installed the device, and is delivered to that authorized person for inspection and maintenance; and

(b) ensure that the replacement component provided to the person by the authorized person is installed into the device in accordance with the instructions of the authorized person.  O. Reg. 251/02, s. 4 (2).

Records

5. (1) Every authorized person shall maintain a record of the approved ignition interlock devices installed, inspected, maintained or removed by the person.  O. Reg. 251/02, s. 5 (1).

(2) The record shall show the name, address, date of birth and driver’s licence number of the person who requested the installation of the approved ignition interlock device and the make, model and vehicle identification number of the motor vehicle into which it was installed.  O. Reg. 251/02, s. 5 (2).

(3) The record shall also show the results of each inspection carried out under section 4, including any information obtained from an ignition interlock device.  O. Reg. 251/02, s. 5 (3).

(4) The authorized person shall notify the Registrar if the person determines from an inspection of an ignition interlock device that the device has been tampered with.  O. Reg. 251/02, s. 5 (4).

(5) The authorized person shall, upon request, submit the records maintained under this section to the Registrar.  O. Reg. 251/02, s. 5 (5).

Criteria for removal of ignition interlock condition

6. (1) The Registrar shall remove the ignition interlock condition under subsection 41.2 (4) of the Act if,

(a) the person whose driver’s licence is subject to the condition has not been convicted of an offence under subsection 41.2 (11) or (13) of the Act in the preceding 12 months; and

(b) where the person whose driver’s licence is subject to the condition requested the installation of an approved ignition interlock device,

(i) the person has complied with section 4, and

(ii) the person has ensured that the device was not tampered with, as shown by the records from the inspections carried out under section 4.  O. Reg. 251/02, s. 6 (1).

(2) The Registrar shall remove the ignition interlock condition under subsection 41.2 (8) of the Act if,

(a) the person whose driver’s licence is subject to the condition has not been convicted of an offence under subsection 41.2 (11) or (13) of the Act in the preceding 36 months; and

(b) where the person whose driver’s licence is subject to the condition requested the installation of an approved ignition interlock device,

(i) the person has complied with section 4, and

(ii) the person has ensured that the device was not tampered with, as shown by the records from the inspections carried out under section 4.  O. Reg. 251/02, s. 6 (2).

7. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 251/02, s. 7.