Md. Code Regs. 11.11.13.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 11.11.13.04 - Violations of the Program

A. A participant is in violation of the Program requirements if the individual:

(1) Receives a suspension, revocation, refusal, or cancellation of the individual's driving privilege;

(2) Has the interlock device installed in a vehicle with an expired or invalid registration;

(3) Removes the interlock device without prior approval from the Administration;

(4) Operates a vehicle without an ignition interlock device installed in the vehicle;

(5) Tampers with, bypasses, damages, or otherwise removes or renders the ignition interlock device inoperable, or allows another individual to tamper with, bypass, or render the device inoperable;

(6) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, unless there is a subsequent test reading within 10 minutes that indicates a breath alcohol concentration below 0.026 percent;

(7) Fails to submit to a retest after starting the vehicle;

(8) Fails to operate the interlock-equipped vehicle at least 50 times during a reporting period as recorded on the interlock device;

(9) Fails to take the interlock-equipped vehicle to a scheduled monthly monitoring appointment with the service provider as set forth in Regulation .03F of this chapter;

(10) Fails to abide by the terms and conditions of the participant's agreement with the service provider;

(11) Allows another individual to blow into the interlock device while the participant is operating the vehicle;

(12) Participates in any other act or use of the interlock device that poses a threat to highway safety; or

(13) Receives an Order of Suspension under Transportation Article, § 16-205.1, Annotated Code of Maryland.

B. The Administration shall notify the participant when one or more violations are found during a reporting period.

C. When a violation of the Program is found, there is a presumption that the violation has been committed by the participant when the person is not clearly visible and identifiable in the interlock device camera image.

D. If a participant alleged to have committed a violation of the requirements of §A(7) of this regulation is deaf or hard of hearing, the Administration shall consider this circumstance when evaluating whether to assess a violation prior to removal from the Program.

Md. Code Regs. 11.11.13.04

Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); amended effective 43:19 Md. R. 1073, eff. 10/1/2016; amended effective 46:19 Md. R. 815, eff. 10/1/2019; amended effective 51:7 Md. R. 321-354, eff. 4/15/2024.