Ignition-Interlock Program Regulation

Ignition-Interlock Program Regulation, M.R. 195/2003 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 195/2003 Registered November 28, 2003 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Ignition-interlock program established 3 Approved ignition-interlock devices 4 Authorized service providers 5 Installation of ignition-interlock device 6 Calibration of ignition-interlock device 7 Other operational requirements of device 8 Fees and other charges 9 Monitoring of device 10 Analysis of data 11 Contraventions that may result in a sanction 12 Interpretation 13 Reporting by service provider 13.1 Time periods prescribed re subsection 279.1(1.2) of the Act 13.2 Time period prescribed for subsection 279.1(1.2.1) of the Act 13.3 Time period prescribed for subsection 279.1(1.2.3) of the Act 14 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Highway Traffic Act . («  Code  ») "equipped vehicle" means a vehicle that is equipped with an approved ignition-interlock device under the ignition-interlock program. (« véhicule équipé ») "restricted driver" means a driver to whom the ignition-interlock program applies, as set out in subsection 2(2). (« titulaire de permis restreint ») "rolling sample of breath" means a sample of breath required to be made into an approved ignition-interlock device at a random interval while the equipped vehicle's engine is in operation. (« échantillons successifs d'haleine ») "service provider" means the person authorized by subsection 4(1) to supply approved ignition-interlock devices and provide maintenance, repairs and technical support in relation to the devices for the purposes of the ignition-interlock program and, except in section 4 and subsections 9(3) and (4), includes a person authorized by the service provider to do those things on its behalf in Manitoba. (« fournisseur de services ») Ignition-interlock program established 2(1) This regulation establishes the ignition-interlock program for the purposes of section 279.1 of the Act. 2(2) The ignition-interlock program applies to a driver (a) who holds a restricted licence, as defined in subsection 279.1(1) of the Act; or (b) who, despite not holding a restricted licence, is subject to a driving restriction that requires him or her to participate in the ignition-interlock program. Approved ignition-interlock devices 3(1) Subject to subsection (2), the following devices are approved as ignition-interlock devices for the purpose of section 279.1 of the Act: (a) and (b) [repealed] M.R. 190/2015 ; (c) SSI-20/20 Ignition Interlock made by Smart Start Inc.; (d) SSI-20/30 Ignition Interlock made by Smart Start Inc.; (e) SSI-20/35 Ignition Interlock made by Smart Start Inc. 3(2) Approval of a device under subsection (1) is subject to the condition that the device must be obtained from and installed, maintained, repaired and technically supported by the service provider, except as otherwise permitted by the registrar under subsection 9(3). M.R. 153/2012 ; 190/2015 ; 113/2019 Authorized service providers 4(1) For the purpose of the ignition-interlock program, Smart Start Inc. is the authorized service provider (a) to supply and install the approved ignition-interlock devices described in clauses 3(1)⁠(c) and (d); and (b) to provide maintenance, repairs and technical support of the devices. 4(2) [Repealed] M.R. 190/2015 M.R. 153/2012 ; 190/2015 Installation of ignition-interlock device 5(1) Before installing an approved ignition-interlock device in a vehicle for the purposes of the ignition-interlock program, the service provider must (a) confirm that the ignition-interlock program administration fee in respect of the restricted driver has been paid; (b) obtain the written agreement of the restricted driver who will use the device to the service provider's terms of leasing and maintenance of the device; and (c) if the vehicle to be equipped with the device is not owned by the restricted driver, obtain the written agreement of the vehicle's owner (i) that the owner will give the service provider access to inspect the vehicle and to inspect and maintain the approved ignition-interlock device whenever the service provider reasonably requires it, and (ii) to any other terms respecting the vehicle and device that the service provider considers necessary. 5(2) Without delay after installing an approved ignition-interlock device to be used by a restricted driver, the service provider must, in the manner and form that the registrar requires, (a) inform the registrar about the installation; and (b) give the registrar the information that the registrar requires about the installation, the equipped vehicle and any other matter the registrar considers advisable. 5(3) The service provider must, in the manner and form that the registrar requires, inform the registrar without delay when it removes the approved ignition-interlock device from an equipped vehicle, other than to maintain or repair the device. Calibration of ignition-interlock device 6 Every approved ignition-interlock device to be used by a restricted driver must be calibrated so that, if a person breathing into the device has any alcohol in his or her blood, the device (a) will record the person's blood alcohol concentration level and the time and date of the incident; (b) will activate its warning system, if the equipped vehicle's engine is running; and (c) will not allow the equipped vehicle's engine to start, if it is not already running. Other operational requirements of device 7 The service provider must ensure that the approved interlock device in an equipped vehicle (a) requires rolling samples of breath to be provided at random intervals while the equipped vehicle's engine is running and will activate its warning system if a rolling sample of breath is not provided when required or is not provided in accordance with the service provider's requirements; (b) records the particulars required by the registrar about every instance when the equipped vehicle's engine is started or an attempt to start it is made and every instance when a person provides a sample of breath to the device or attempts to provide a sample of breath; and (c) produces a record of those particulars in the manner and form the registrar requires. Fees and other charges 8(1) When a person applies for a restricted licence, the person must pay the ignition-interlock program administration fee prescribed under the Charges for Licences, Registrations, Permits and Other Services Regulation , in addition to any other fees or charges required to be paid in connection with his or her driver's licence. 8(2) A restricted driver must pay the fees or other charges due to the service provider for the leasing and maintenance of the approved ignition-interlock device. M.R. 236/2006 Monitoring of device 9(1) An equipped vehicle must be brought to the service provider for inspection and data downloading at the intervals and places required by the service provider in accordance with the lease and maintenance agreement signed by the restricted driver. 9(2) [Repealed] M.R. 190/2015 9(3) On request from a restricted driver or the owner of an equipped vehicle, the registrar may, with or without conditions, permit an approved ignition-interlock device to be inspected and its data to be downloaded (a) at different intervals than required by subsection (1); or (b) by a person outside Manitoba who is authorized by the service provider to do the work. 9(4) If the service provider authorizes a person outside Manitoba to inspect an approved ignition-interlock device and download its data, the service provider must ensure that the person (a) provides the data to the service provider without delay after it is downloaded; and (b) provides the service provider with an inspection report without delay after the inspection. M.R. 190/2015 Analysis of data 10 Without delay after downloading the data from an approved ignition-interlock device or receiving data from a person outside Manitoba, the service provider must analyze the data and identify any contraventions of program conditions the data indicates. Contraventions that may result in a sanction 11(1) The registrar may expel a restricted driver from the ignition-interlock program and cancel his or her licence if (a) the equipped vehicle is not brought to the service provider for inspection and data downloading as required by subsection 9(1) or as permitted by the registrar under subsection 9(3); (b) the registrar is satisfied that the restricted driver or the owner of the equipped vehicle has not carried out one or more of his or her obligations under his or her agreement with the service provider; (c) the service provider informs the registrar that (i) the approved ignition-interlock device has been tampered with, disabled, disassembled or removed from the equipped vehicle, or (ii) the approved ignition-interlock device's operation has been interfered with; (d) the service provider informs the registrar that data from the approved ignition-interlock device indicates that (i) any person attempted to start the equipped vehicle's engine while the person had alcohol in his or her blood, (ii) a rolling sample of breath was not provided when required or was not provided in accordance with the service provider's requirements, or (iii) any person provided a rolling sample of breath while the person had alcohol in his or her blood; (e) the restricted driver is convicted of an offence under (i) any of the following provisions of the Act: (A) subsection 279.1(2), (3), (5) or (5.1), (B) subsection 225(1), (1.1) or (1.2), or (ii) section 320.14, 320.15 or 320.18 of the Criminal Code ; (f) the restricted driver is convicted of an offence under the laws of a jurisdiction outside Manitoba that the registrar considers equivalent to an offence set out in clause (e); (g) the restricted driver's licence is suspended under section 263.1 or 265 of the Act; or (h) the registrar is satisfied that the restricted driver has contravened subsection 279.1(2) of the Act or a condition of his or her licence. 11(2) For greater certainty, if the data from an approved ignition-interlock device indicates the occurrence of any of the things mentioned in clause (1)⁠(d), the restricted driver is deemed to have done the thing or failed to do it, unless there is evidence to the contrary satisfactory to the registrar. 11(3) If a restricted driver's licence is suspended for any reason not related to alcohol consumption, the registrar may suspend the driver from the ignition-interlock program for the duration of the suspension. 11(4) The registrar may, rather than or before expelling a restricted driver under subsection (1), do any or all of the following: (a) require the driver to take remedial measures, including, but not limited to, (i) providing an impaired driver's assessment within the meaning of sections 21 and 22 of The Drivers and Vehicles Act , and (ii) successfully completing an educational or treatment program offered by a recognized agency within the meaning of that section; (b) extend the period that the driver is required to participate in the ignition-interlock program; (c) require the restricted driver to take any other action or impose any other condition on him or her that the registrar considers to be in the public interest; (d) suspend the restricted driver from the ignition-interlock program and suspend his or her licence, with or without conditions. M.R. 153/2012 ; 110/2018 ; 184/2018 Interpretation 12 Without limiting the generality of subsection 279.1(2) of the Act or any provision of this regulation, it is a requirement of the ignition-interlock program, for the purposes of that subsection, that a restricted driver (a) must not drive or attempt to drive the equipped vehicle after consuming alcohol; (b) must not contravene subsection 279.1(3) of the Act or any provision of this regulation; (c) must not, alone or with another person, start or attempt to start the engine of the equipped vehicle or drive or attempt to drive the vehicle without using the approved ignition-interlock device in its designed manner; (d) must not do any of the things mentioned in subclause 279.1(5)⁠(a)⁠(ii) or (iii) or clause 279.1(5)⁠(b) of the Act; (e) must observe every requirement of the lease and maintenance agreement with the service provider; and (f) must observe every requirement and condition (i) of his or her licence, or (ii) that the registrar imposes. M.R. 153/2012 Reporting by service provider 13 The service provider must, whenever required by the registrar, (a) report to the registrar, in the form he or she requires, any matter that may result in a restricted driver's expulsion from the ignition-interlock program under section 11; and (b) report to the registrar, in the form he or she requires, about any aspect of the ignition-interlock program and service provider's activities in relation to it. Time periods prescribed re subsection 279.1(1.2) of the Act 13.1(1) For the purposes of subsection 279.1(1.2) of the Act, the following are the time periods, beginning and ending as prescribed by subsection (1.1), during which the registrar may issue only a restricted licence to a convicted person: 1. The time period is one year for (a) a first conviction for an offence referred to in clause (a) or (a.1) of the definition "Category A offence" in subsection 264(1) of the Act or in clause (a), (a.1) or (a.2) of the definition "Category B offence" in that subsection; or (b) a second conviction for any of those offences or any combination of those offences. 2. The time period is three years for a third conviction for (a) an offence referred to in clause (a) or (a.1) of the definition "Category A offence" in subsection 264(1) of the Act or in clause (a), (a.1) or (a.2) of the definition "Category B offence" in that subsection; or (b) any combination of those offences. 3. The time period is the lifetime of the offender for a fourth or subsequent conviction for (a) an offence referred to in clause (a) or (a.1) of the definition "Category A offence" in subsection 264(1) of the Act or in clause (a), (a.1) or (a.2) of the definition "Category B offence" in that subsection; or (b) any combination of those offences. 13.1(1.1) A time period prescribed by subsection (1) (a) begins when the convicted person applies for a driver's licence after he or she is no longer subject to any licence suspension or driving disqualification in respect of the conviction or combination of convictions for which the time period is prescribed, regardless of how long after the suspension's or disqualification's expiration the application is made; and (b) ends only once the person has held the restricted licence and participated in the ignition interlock program for a cumulative period that equals the prescribed time period. 13.1(2) For the purposes of (a) item 1 of subsection (1), a conviction is a second conviction if it is in respect of an offence that is committed within 10 years of an offence mentioned in that item for which the person is also convicted; (b) item 2 of subsection (1), a conviction is a third conviction if it is in respect of an offence that is committed within 10 years of two offences mentioned in that item for which the person is also convicted; and (c) item 3 of subsection (1), (i) a conviction is a fourth conviction if it is in respect of an offence that is committed within 10 years of three offences mentioned in that item for which the person is also convicted, and (ii) a conviction is a subsequent conviction if it is in respect of an offence that is committed within 10 years of four or more offences mentioned in that item for which the person is also convicted. M.R. 236/2006 ; 153/2012 ; 227/2015 ; 184/2018 Time period prescribed for subsection 279.1(1.2.1) of the Act 13.2(1) For the purpose of subsection 279.1(1.2.1) of the Act, the time period during which the registrar may issue only a restricted licence to a person is one year. 13.2(2) The time period prescribed by subsection (1) (a) begins when the person applies for a driver's licence after the person's licence suspension or driving disqualification expires; and (b) ends only once the person has held the restricted licence and participated in the ignition interlock program for a cumulative period that equals the prescribed period. M.R. 113/2019 ; 34/2023 Time period prescribed for subsection 279.1(1.2.3) of the Act 13.3(1) For the purpose of subsection 279.1(1.2.3) of the Act, the time period during which the registrar may issue only a restricted licence to a person is one year. 13.3(2) The time period prescribed by subsection (1) (a) begins on the earlier of (i) the 45th day after the registrar receives notice under subsection 259.1(1) of the Act that the person is dealt with by alternative measures, and (ii) the day the service provider installs, in a vehicle, an approved ignition-interlock device to be used by the person; and (b) ends only once the person has held the restricted licence and participated in the ignition interlock program for a cumulative period that equals the prescribed period. M.R. 34/2023 Coming into force 14 This regulation comes into force on the day subsection 279.1(7) of the Act, as enacted by S.M. 2001, c. 29, comes into force.