Ignition Interlock Program Detailed Questions and Answers

What is the Ignition Interlock Program?

Effective August 1, 2003, this program will allow early reinstatement of a driver's licence after a drinking and driving conviction. It is available to offenders and is designed to encourage these individuals to get help quickly and address any alcohol-related problems.

What is an ignition interlock device?

An ignition interlock is an alcohol breath testing device connected to the ignition and power systems of the vehicle. Its function is to prevent the vehicle from being started if the driver has been drinking. The driver must take and pass a breath test before the vehicle can be started or operated. Newfoundland and Labrador will use a device called the WR2 which has been developed and is being supplied by Guardian Interlock Systems.

Who is eligible to participate in the program?

The following criteria determine eligibility:

you have been convicted of impaired driving or refusing a breathalyser demand
the court has authorized your use of an ignition interlock device
you have served the court ordered minimum mandatory prohibition period
you have served all other suspensions and paid all outstanding fines
you have completed all other reinstatement requirements and conditions
the vehicle in which the interlock device is to be installed has a valid registration.

The Federal Government passed legislation on December 18, 2001 amending the provisions for ignition interlock participation. The amended legislation will allow for individuals with second and subsequent drinking and driving offences to participate in an ignition interlock device program. The amendments also changed the way all offenders are to be enrolled or authorized for an ignition interlock program.

How does the program work?

Eligible drivers will have interlock devices installed in their vehicles. The driver will be issued a restricted driver's licence which only allows the individual to operate vehicles equipped with an ignition interlock device.

The device prevents the driver from starting the vehicle if the device detects alcohol above the preset level in the driver's breath samples. The driver must return to the installation facility to have the device calibrated and serviced at least every 60 days. Failure to service the system by the required date could result in the device locking itself. The vehicle will not start and will have to be towed or arrangements made with the interlock provider to allow additional days to bring the vehicle in for servicing of the device.

All program activity will be monitored. A built-in data logger records every event associated with the use of the interlock. This information is provided to Motor Registration Division for monitoring purposes. Warnings will be issued to participants who repeatedly fail the breath tests, and Motor Registration Division may order the removal of the ignition interlock device and reinstate the suspension period if violations continue.

Who pays for the program?

All costs are paid for by the participants in the program on a user pay basis.

What are the costs?

Participants in the program can expect to pay for all costs associated with the program which include:

installation of the interlock device
removal of the interlock device
monthly rental fee for the device

These fees are based on installations in passenger vehicles. Fees may increase for devices installed in commercial vehicles. Additional fees may be required depending on the driver's service requirements.

For further information contact Guardian Interlock Systems toll free: (877) OK-TO-DRIVE — (877) 658-6374.

Does being in the program affect the cost of a driver's licence?

No. The cost of a driver's licence is not affected.

Is an individual eligible if the conviction occurred before the program was announced?

Yes. As long as the eligibility criteria is met. You will be required to have your Order of Prohibition amended by the Court prior to applying for an ignition interlock device.

How long does the device stay in the vehicle?

At minimum, the interlock device must be kept on the vehicle for the remainder of your provincial suspension period. This time may be extended by Motor Registration Division, depending upon your driving record during your period of restricted driving.

What happens if a program participant requests the interlock provider to remove the device?

Motor Registration Division will be immediately notified and will reinstate the original provincial suspension period.

How does someone apply for the interlock device?

An information brochure, which contains an application for ignition interlock device, will be included with the original notice of suspension mailed to you by Motor Registration Division. Upon receipt and approval of the application, Motor Registration Division, will notify you, in writing, of your eligibility for installation of an ignition interlock device. You will be able to take this letter to the service provider for installation.

Where does one go to have the ignition interlock device installed?

The installation facility is located in St. John's. Further information can be obtained from Guardian Interlock Systems by calling toll free at 1-877-OK-TO-DRIVE (1877-658-6374).

Can the device be installed in a vehicle other than a car or truck?

Although the device has been successfully installed and used in some other types of vehicles (e.g. heavy trucks, construction equipment and some off- road vehicles), not all vehicles are suitable for use with this interlock system.

The following criteria are used to determine vehicle suitability:

must provide a weatherproof environment ( enclosed cab )
must be equipped with a keyed ignition system

A vehicle such as a motorcycle would not be considered a suitable vehicle. Guardian Interlock Systems will be able to provide the participant with any necessary advice and guidance related to suitability of installation.

Can the device be installed in more than one vehicle?

Yes, but the individual will be charged for every device that is installed.

Can someone other than the restricted driver or ignition interlock participant drive an interlock equipped vehicle?

Yes. Individuals such as a spouse, other family member, or employee must be trained on how to properly use the device and must abide by all the program requirements placed on the program participant. While others can drive the interlock-equipped vehicle, the driver who requires the device is ultimately responsible for any activity recorded by the interlock. Any attempts by someone else to start the vehicle if they have been drinking will be recorded and attributed to the program participant.

Is installation of the interlock restricted only to the program participant's vehicle?

No. The device can be installed on other vehicles, such as an employer's or spouse's.

Can an individual participating in the interlock program get a restricted work permit to drive vehicles for work purposes that do not have an interlock installed?

No. Vehicles used for work purposes must have the interlock device installed. If an employer has a fleet of vehicles, the individual should try to work out an arrangement with the employer.

What happens if someone has been drinking and tries to operate the vehicle?

The vehicle cannot be started if the device detects the presence of alcohol. The date and time of the attempt, as well as the measured blood alcohol content will be recorded.

What happens if the driver fails to give a breath sample when the system randomly requests one?

If the re-test is not taken or if alcohol is detected, an alarm will be activated. It will remain on until the driver passes the breath test or brings the vehicle to a stop and turns off the engine. If the alarm is allowed to remain on, a violation will be recorded by the system and the service date will be reset to require the participant to return to the service centre within five to seven days. Failure to return for servicing will result in a permanent lockout. It will not accept a breath test and will not allow the starting of the vehicle under any circumstances.

How will cough syrup, mouthwash or other medications that have alcohol in them affect the interlock device?

Even though the breath alcohol tester is calibrated to ensure that use of cough syrup or mouthwash will not result in a zero BAC violation, individuals should avoid any products containing alcohol for at least 10 minutes before using the system or rinse their mouth thoroughly with water .

Can food or liquid other than alcohol affect the interlock device?

Only if the food or drink contains alcohol.

Can individuals with breathing problems use the interlock device?

Yes. Most breathing problems will not prevent a person from operating the device. Only a few seconds of continuous blowing into the device is required. The interlock provider will provide advice and assistance for specific problems.

How does the system know the driver is the one giving the breath sample?

The interlock device does not recognize specific individuals, however, the device has a number of sophisticated features that make it difficult for an individual to provide a proper breath sample without having been properly trained by a qualified service technician. Each failed attempt to provide a breath sample is recorded and attributed to the program participant.

What are the consequences of misusing the interlock device or attempting to start the vehicle after drinking?

After warning the driver, continued violations will result in the device being removed from the vehicle and the original suspension period being reinstated. The driver will not be allowed back into the program unless the Registrar of Motor Vehicles allows the individual to reinstall the interlock device. The individual will also be responsible for all the additional costs including the deinstall fee when the device is removed as well as the cost to have the device reinstalled.

What are the consequences of a program participant driving a vehicle that doesn't have an interlock?

The driver will be in breach of the conditions of the restricted driver's licence, which means the individual can be charged for driving while disqualified or driving without an appropriate licence. A conviction will result in the removal of the device and reinstatement of the original suspension period, plus additional penalties that are imposed by the court for driving while disqualified or driving without an appropriate licence.

Can a "command start" be used with the ignition interlock system?

No. The interlock system cannot be used with any remote starting devices.

What happens if the vehicle stalls?

There is a stall protect mode. It allows the vehicle to be safely restarted without having to give a breath sample.

What happens if an ignition interlock equipped vehicle needs to be repaired ?

The interlock system will not interfere with most types of repairs. The interlock installer should be consulted when major repairs are required as a temporary disconnection of the ignition system may be required.

Will the system work properly in Newfoundland and Labrador's cold winter climate?

Yes. The device is capable of operating accurately in extreme conditions.

However, in extremely cold weather the sample head should be removed and stored in the house when not in use. Moisture build-up on and within the mouthpiece could freeze and cause problems with starting

What happens if an individual has trouble with the ignition device and with getting the vehicle started?

If the "User Manual" does not cover the specific incident, emergency services will be available from the service provider.

Can the vehicle be started and used if there is an emergency and there may not be someone available who can properly use the interlock?

The system allows for an emergency override. If this feature is used, the service date is changed and the driver must bring the vehicle for servicing within five days. The program participant will be required to complete an occurrence report, which is forwarded to Motor Registration Division, outlining the circumstances of the emergency. The technician will reset the emergency override when the device is serviced.

Will the ignition interlock affect the operation of the vehicle or any warranty?

The interlock device is designed to interfere as little as possible with the vehicle's operation. Concerns relating to warranty should be discussed with the vehicle's dealer and the interlock provider.

Can a driver with an interlock device travel outside of Newfoundland and Labrador?

Yes, provided the participant continues to meet the scheduled service requirements.

Do other provinces or territories have ignition interlock programs?

Alberta has had a program since 1990. Quebec established their program in 1997. Ontario and Yukon established their program in 2002. Manitoba is looking at introducing a program.

Why not make it mandatory for first-time offenders to participate in the program?

The Ignition Interlock Program offers an opportunity for early driver's licence reinstatement. It is a tool for encouraging individuals to get help early and address any alcohol-related behavioral problems. We believe in looking for the best tools for addressing and managing the problem of drinking and driving. At this time, there is no proof that mandatory participation will provide better results than a voluntary program.

What impact does this amended legislation have on Newfoundland and Labrador's program?

An individual will need authorization from the court to be eligible to participate in Newfoundland and Labrador's ignition interlock program. The court must also establish or set an absolute prohibition period before an individual can participate in a program. The absolute prohibition period cannot be less than three months for a first offence, however, the court can extend this period.

Who is now eligible to participate in the ignition interlock program?

The following criteria determine eligibility:

you have been convicted of impaired driving or refusing a breathalyser demand
the court has authorized your use of an ignition interlock device
you have served the court ordered minimum mandatory prohibition period
you have served all other suspensions and paid all outstanding fines
you have completed all other reinstatement requirements and conditions
your vehicle in which the interlock device is to be installed has a valid registration.

When does the requirement for a court ordered authorization to participate in an ignition interlock program take effect?

The requirement for the court to expressly authorize participation in an interlock program applies to offenders that are convicted and sentenced effective August 1, 2003.

What happens if the court does not indicate whether the person is or is not authorized to participate in an ignition interlock program?

If the court does not make the authorization, the person will not be able to participate in the program, regardless of whether they otherwise meet the eligibility criteria. The individual would need to go back to the court and petition the court to provide an authorization. If the court does make the authorization but does not specify the period of absolute prohibition, the program will presume it is the minimum prescribed by law, (i.e. not less than three months.)

What happens if the conviction was prior to August 1, 2003?

The same eligibility criteria will apply:

you have been convicted of impaired driving or refusing a breathalyser demand
the court has authorized your use of an ignition interlock device
you have served the court ordered minimum mandatory prohibition period
you have served all other suspensions and paid all outstanding fines
you have completed all other reinstatement requirements and conditions
your vehicle in which the interlock device is to be installed has a valid registration

If an individual moves to another province or territory, can they keep the ignition interlock in the vehicle and continue to drive with the restricted driver's licence?

The Federal legislation will now allow for an offender who becomes a resident in another province to register in a program in that province. At the current time, however, the only provinces that have an ignition interlock program are Alberta, Quebec, Ontario, Yukon, Saskatchewan and now Newfoundland and Labrador.