§ 16-404.1. Ignition Interlock System Program
West's Annotated Code of MarylandTransportationEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Transportation, § 16-404.1
§ 16-404.1. Ignition Interlock System Program
(b)(1) The Administration shall establish an Ignition Interlock System Program in accordance with this section.
(i) A service provider who applies to the Administration for certification as an approved service provider shall demonstrate that the service provider is able to competently service, install, monitor, calibrate, and provide information to the Administration at least every 30 days on individuals required to use ignition interlock systems;
(ii) A service provider who applies to the Administration for certification as an approved service provider shall be certified by a signed affidavit from the manufacturer that the service provider has been trained by an authorized manufacturer and that the service provider is competent to service, install, monitor, calibrate, and provide information on ignition interlock systems;
(c) An individual may be a participant if:
(d)(1)(i) Notwithstanding subsection (c) of this section, an individual shall be a participant if:
(e) If an individual subject to subsection (c) or (d) of this section does not initially become a participant:
(f)(1) The Administration may:
(g) Subject to § 21-902.2(g)(2) of this article, the Administration shall impose a restriction on the individual's license that prohibits the individual from driving a motor vehicle that is not equipped with an ignition interlock system for the period of time that the individual is required to participate in the Program under this section.
(h) A participant is considered to begin participation in the Program when the participant provides evidence of the installation of an ignition interlock system by an approved service provider in a manner required by the Administration.
(i) An individual whose license is suspended under § 16-404(c)(2)(iv) of this subtitle is a habitual offender whose license may not be reinstated unless the individual participates in the Program for at least 24 months.
(j)(1) For purposes of an ignition interlock system used under § 16-205(f) of this title, this section, or a court order under § 27-107 of this article, the Administration shall permit only the use of an ignition interlock system that meets or exceeds the technical standards for breath alcohol ignition interlock devices published in the Federal Register from time to time.
(k)(1) An individual required to use an ignition interlock system under a court order or this section:
(l) A court order that requires the use of an ignition interlock system is not affected by § 16-404(c)(3) of this subtitle.
(m)(1) If an individual participates in the Program under this section and participates in the Program in accordance with any other provision of law arising out of the same incident, the periods of participation in the Program shall be concurrent.
(2) If an individual participates in the Program under § 16-205.1 of this title, the individual shall receive credit toward the length of participation in the Program arising out of the same incident as authorized under subsection (c) of this section or as required under subsection (d) of this section.
(n) The Administration shall consider a participant to have successfully completed the Program if the Administration receives from the participant's approved service provider a certification that in the 3 consecutive months before a participant's date of release from the Program there was not:
(o) If an individual successfully completes the Program and the individual's license is not refused, revoked, suspended, or canceled under another provision of this article, the Administration shall immediately issue a license to the licensee.
(p)(1) Notwithstanding § 16-208 of this title, if the Administration removes an individual from the Program because the individual violated requirements of the Program, the Administration may allow the individual to reenter the Program after a period of 30 days from the date of removal.
(2) If an individual reenters the Program under this subsection, the individual shall participate in the Program for the entire period of time that was initially necessary for successful completion of the Program without any credit for the period of participation before the individual was removed from the Program.
(q) A suspension or revocation of a license of an individual subject to subsection (c) or (d) of this section that is imposed as a result of the failure of the individual to participate in the Program or successfully complete the Program shall be concurrent with any other suspension or revocation arising out of the same incident for which the individual is subject to subsection (c) or (d) of this section.
(r)(1) If a person is required to be a participant under subsection (d) of this section, the Administration shall include in the notice of proposed suspension or revocation a warning in bold conspicuous type that the person shall participate in the Program.
(2) At the time that the Administration issues a license to a person who is under the age of 21 years, the Administration shall provide to the person a written warning in bold conspicuous type that the person shall participate in the Program if the Administration finds the person violated the alcohol restriction on a driver under the age of 21 years or the person violated any provision of § 21-902 of this article.
Credits
Added by Acts 1996, c. 648, § 1, eff. Oct. 1, 1996. Amended by Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1998, c. 526, § 1, eff. July 1, 1998; Acts 1999, c. 401, § 2, eff. Oct. 1, 1999; Acts 2001, c. 29, § 5, eff. April 10, 2001; Acts 2001, c. 254, § 1, eff. Oct. 1, 2001; Acts 2002, c. 110, § 1, eff. Sept. 30, 2002; Acts 2006, c. 461, § 1, eff. Jan. 1, 2007; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2009, c. 60, § 5, eff. April 14, 2009; Acts 2011, c. 556, § 2, eff. Oct. 1, 2011; Acts 2011, c. 557, § 2, eff. Oct. 1, 2011; Acts 2014, c. 45, § 5; Acts 2014, c. 631, § 1, eff. Oct. 1, 2014; Acts 2015, c. 247, § 1, eff. Oct. 1, 2015; Acts 2016, c. 512, § 1, eff. Oct. 1, 2016; Acts 2017, c. 62, § 1, eff. April 11, 2017; Acts 2018, c. 12, § 1, eff. April 5, 2018; Acts 2019, c. 8, § 5.
MD Code, Transportation, § 16-404.1, MD TRANS § 16-404.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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