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WACs > Title 308 > Chapter 308-107 > Section 308-107-040
308-107-030
308-107-050
Agency filings affecting this section
WAC 308-107-040
Functioning deviceâEvidence that device is no longer installed or functioning.
(1) For purposes of RCW 46.20.311, 46.20.385, and 46.20.740, the department may determine that a device is no longer installed or functioning in the vehicle(s) driven by a person based on:
(a) An ignition interlock status verification form submitted by a manufacturer, or by an authorized service provider associated with such manufacturer, indicating that a device is no longer installed or functioning;
(b) Notice from the commission that a report received under WAC 308-107-080 indicates that a device is no longer installed or functioning or that the driver has failed to appear for scheduled maintenance;
(c) The termination or expiration without renewal of an agreement entered into between the department and the manufacturer of the device(s) installed in the vehicle(s) driven by the person;
(d) A statement from a law enforcement officer made under RCW 9A.72.085 indicating that a device has been disabled or removed from a motor vehicle operated by the person; or
(e) A conviction under RCW 46.20.740(2) for operating a motor vehicle that is not equipped with a functioning device.
(2) Before making a determination under this section, the department may consider evidence from the person indicating that:
(a) The person is no longer operating the vehicle in which a device is no longer installed or functioning and that another vehicle driven by the person is so equipped; or
(b) The device has been replaced with a functioning device installed by another manufacturer or authorized service provider.
(3) Once the department has determined under this section that a device is no longer installed or functioning, the person must re-establish that a functioning device has been installed before a license may be reinstated or reissued during the remainder of an applicable period of restriction.
[Statutory Authority: RCW 46.01.110, 46.20.385, 46.20.391, and 46.20.745. WSR 08-24-059, § 308-107-040, filed 11/26/08, effective 1/1/09.]
