Which Rules Can Affect an Ignition Interlock Requirement?
The practical task here is to work out what rules apply to advise on timing. The subsequent sections will thus set out the rules, which rules generally move a date, and how to verify each rule.
The four layers of authority behind a single condition
Criminal legislation sets out the outer boundary for when a driver can start driving again after their term of prohibition has commenced. The date for when that occurs is set out in the legislation and will set out an earliest date by which time a driver will be able to start driving again once their interlock equipped vehicle has been approved by an approved interlock installer. Administration of licenses and their suspension(s) is governed by administrative law. Licensing authority issued program rules which govern matters such as a driver’s enrollment onto a program and the exit of a driver from a program as well as matters relating to approved devices, program data, etc. Will typically be found in the program manual for a particular licensing authority or program. An installer’s contract with approved installers will contain provisions relating to the scheduling of installers and approved calibration intervals and associated costs etc.
Why the layers conflict in practice
However, the Driver can still be administratively restricted from having their License Reinstated (e.g. Because of outstanding Reinstatement fees), from being reviewed medically (e.g. For Doppler instability), from having other suspensions outstanding (e.g. As a result of other offenses). Programs do not enroll the Driver until the relevant Licensing file is up to date. Thus eligibility is the last of a number of gates which must open before the Driver can be enrolled.
Eligibility rules that quietly change the date
Almost all of the timing disputes with which I have to deal are based on a handful of eligibility variables, not the main offense for which the driver was convicted. The following are worth checking on every file.
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Whether this is a first or subsequent occurrence, and how the authority counts prior events across jurisdictions and time windows.
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Whether a refusal or a reading above a higher threshold triggers a longer minimum device period than a standard impaired charge.
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Whether an early reinstatement stream exists, and whether entering it waives any right to contest the underlying suspension.
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Whether an assessment, education course, or treatment report must be completed before installation or only before removal.
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Whether the driver holds a commercial endorsement, since many programs exclude interlock-equipped drivers from commercial operation entirely.
Vehicle and employment carve-outs
Exemptions from the interlock condition imposed on drivers for employer owned vehicles vary widely from program to program. Some programs grant a limited exemption for company vehicles. The employer must acknowledge in writing that the driver is allowed to operate company vehicles. This type of exemption does not necessarily follow the driver to other jurisdictions or even survive a subsequent violation by the driver.
Program stages and who controls each one
This chart helps you know who to call to solve a problem with your installation or removal.
| Stage | Decision maker | Typical documentation | Common cause of delay |
|---|---|---|---|
| Eligibility confirmation | Licensing authority | Court disposition, driver abstract | Unresolved parallel suspension |
| Enrollment and approval | Program administrator | Application, assessment proof, fees | Incomplete assessment file |
| Installation | Approved service center | Authorization letter, vehicle registration | Vehicle not registered to participant |
| Monitoring period | Program administrator | Calibration and data download records | Missed service appointment |
| Removal and reinstatement | Licensing authority | Compliance report, final fees | Violation inside the lookback window |
Reading the compliance window correctly
The ‘term’ of the interlock program generally ends after a certain amount of time has elapsed since the interlock was installed. Typically, this is between three (3) and six (6) months. However, this time can be increased if certain events such as a failed start attempt, a missed rolling retest or a required calibration are missed while the interlock is installed for the term. It is also important to advise the client of the date that the term commenced as they may complain that the term was completed on the proposed removal date.
Cross-border and jurisdictional variation
In regard to devices, it is not always a given that a condition imposed in a particular province will be recognized in other provinces or even be in excess of or different from the conditions imposed in other provinces. For example, a device authorized in one jurisdiction may not be an authorized device in another.
When a Quebec program is in issue, the safest course is to work from the current interlock program requirements in Quebec as set out by the Licensing Authority in published material. These must be read and understood in their entirety as opposed to summaries of programs in other jurisdictions.
Verifying the rules before you advise
Regulatory or policy changes will often be communicated by way of regulation or policy bulletin and thus will not affect the governing statute. Therefore verify the change in the file.
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Pull the current driver abstract and identify every active sanction, not just the one under discussion.
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Confirm the minimum period in the governing statute, then check the program manual for any longer administrative period.
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Check the approved device and service provider list in force on the installation date.
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Confirm the lookback rule and the exact violation definitions in writing.
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Record the authority, date, and version of every rule relied on.
Where unclear, verify the requirements with the relevant licensing authority and interlock program administrator. Document the information. Interlock requirements vary significantly from one jurisdiction to another, and therefore verification with official sources must be conducted and noted to be reliable for scheduling purposes by the client.
