Division of Motor Vehicles and the Division of Highway Safety
Please take notice, pursuant to 29 Del. C. Chapter 101, the Delaware Department of Public Safety proposes to promulgate a new policy regulation, number 91, to regulate the fees associated with the costs of the Ignition Interlock Program. After surveying the fees associated with similar programs in surrounding states, it became obvious that the fees in Delaware were below the industry standards. The purpose of this policy regulation is to increase the fees to an amount that is reasonable and will allow the vendors to continue to operate at a profit in Delaware.
The Department of Public Safety will hold a hearing pursuant to 29 Del. C. Chapter 101 concerning the adoption of Policy Regulation 91, entitled “Ignition Interlock Device Installation, Removal, and Monthly Monitoring and Calibration Fees.” The Department will receive public comment regarding the proposed Department of Public Safety Policy Regulation.
Department of Public Safety and Division of Highway Safety Policy Regulation Number 91 Concerning: Ignition Interlock Device Installation, Removal, and Monthly Monitoring and Calibration Fees.
Date, Time and Place of Public Hearing
DATE: November 29, 2001
TIME: 10:00 a.m.
PLACE: Main Conference Room, 2nd Floor
Department of Public Safety
Public Safety Building
303 Transportation Circle
Dover, DE 19901
Persons may view the proposed Policy Regulation between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, at the Division of Highway Safety, in the Public Safety Building, 2nd floor, 303 Transportation Circle, Suite 201, Dover, DE 19901.
Persons may present their views in writing by mailing them to Lisa Moore, DUI Programs Coordinator, Division of Highway Safety, PO Box 1321, Dover, DE 19903. Written comments will be accepted until the close of business on Monday, December 3, 2001. Persons may also present their views by offering testimony at the public hearing. If the number of persons desiring to testify at the public hearing is large, the amount of time allotted to each speaker will be limited.
Policy Regulation Number 91, Ignition Interlock Device Installation, Removal, and Monthly Monitoring and Calibration Fees.
I. Authority
The authority to promulgate this regulation is 21 Del. C. §4177F(e).
II. Purpose
Title 21 Del.C. §4177F established a program utilizing the Ignition Interlock device for those individuals with an alcohol-related violation or offense. After surveying the fees charged by surrounding jurisdictions for similar services, this policy regulation will establish a fee schedule for all expenses related to installation and lease of the device.
III. Applicability
This policy regulation concerns Title 21 Del. C. §4177F.
IV. Substance of Policy
1. Installation of Device
All persons who voluntarily or as a result of a court order, install an Ignition Interlock device in a motor vehicle monitored in conjunction with the Division of Motor Vehicles, will be charged a fee by the provider for that service, and this fee will include the cost of removing the device at the termination of the program.
The service providers shall charge a fee not to exceed $100.00 for installation of the Interlock device, but this amount includes a rebate of $30.00 which will be returned to the client at the time of removal. This fee shall be the responsibility of the clients.
2. Monthly Monitoring & Calibration
All persons with an Ignition Interlock device installed in a vehicle monitored in conjunction with the Division of Motor Vehicles, shall be charged a fee for the monthly electronic monitoring and regular calibration of the device.
The service providers shall charge a fee not to exceed $75.00 for monthly monitoring and calibration. This fee shall be the responsibility of the clients.
3. Initial down Payment
The initial payment will include the installation fee and the first month’s monitoring and calibration. The initial payment, therefore, shall not exceed $175.00 and the bi-monthly payment shall not exceed $150.00
4. Other Fees
The Division of Motor Vehicles recognizes that Service providers may charge fees for other services outside the scope of this policy regulation, including but not limited to fees for missed appointments, device resets, and optional insurance programs relating to damage or loss of the device.
5. Definition of Alcohol Related Violations and Offenses
For purposes of this policy regulation, alcohol-related violations and offenses shall mean violations of Sections 2740, 2742, 4177, 4177B, 4175 of Title 21, conforming statutes of other states or the District of Columbia, or local ordinances in conformity therewith.
VI. Severability
If any part of this Regulation is held to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, said portion shall be severed and the remaining portions of this Regulation shall remain in full force and effect under Delaware law.
VII. Effective Date
The following regulation shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del. C. §10118(e).