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PDFWAC 204-50-092

Lockout override.

(1) Except as provided in subsection (2) of this section, the manufacturer may, in its discretion, authorize and provide a lockout override when a lockout occurs.
(a) The lockout override shall deactivate the lockout condition for a period of up to four hours. If the device has not been serviced by a service center prior to the expiration of the authorized lockout override period, a lockout override shall not be authorized again until the device has been physically inspected and the calibration checked at a service center.
(b) After a lockout override has been authorized by the manufacturer, the lockout override must be activated within a maximum of twenty hours. After twenty-four hours, the lockout override shall no longer be capable of overriding a lockout.
(c) The activation of a lockout override shall not render the interlock device or any attached components inactive. The interlock device must operate in the same manner as required in chapter 204-50 WAC, including all start up and random breath tests.
(d) All lockout override procedures must be standardized and secured to prevent unauthorized duplication during future lockout conditions or on other ignition interlock devices.
(2) A lockout override shall not be authorized in any of the following circumstances:
(a) To allow an ignition interlock technician to override a lockout; or
(b) To override any temporary lockout or mandatory waiting period; or
(c) When the vehicle equipped with an ignition interlock device is located in a state other than Washington or outside the United States, unless a lockout override is authorized by the jurisdiction in which the vehicle is located.
(3) All lockout override procedures must be tested by the impaired driving section prior to approval and use in Washington.
(a) Annual testing and evaluation of any lockout override method approved for use will be completed by the impaired driving section in accordance with WAC 204-50-040.
(b) Any proposed modification to an approved lockout override procedure must be completed in accordance with WAC 204-50-050.
(4) A manufacturer must notify the impaired driving section if any other lockout override procedures are in use in other jurisdictions and provide safeguards to ensure unapproved lockout override procedures will not be used in Washington.
(5) The authorization and activation of any lockout override must be reported by the manufacturer to the impaired driving section in an approved format within seven calendar days of authorization by the manufacturer.
(6) The activation of any lockout override must be displayed within the data log of the device, which is viewable by the impaired driving section. The data log must display all standard data log information while the lockout override is active.
(7) As used in this section, "lockout override" means a secure and randomized code, standardized procedure, or manufacturer controlled standardized remote connection procedure used to temporarily override or deactivate a lockout condition on a certified ignition interlock device.
[Statutory Authority: RCW 46.43.395, 46.37.005, and 46.04.215. WSR 20-09-027, ยง 204-50-092, filed 4/6/20, effective 5/7/20.]
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