Ignition Interlock Device – Work Vehicle Exemption

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If you are sentenced to have an Ignition Interlock Device placed in your car, you could have a great deal of trouble if you need to drive a work vehicle for your job. Fortunately, there is an exemption in New York that allows you to drive a work vehicle without an Ignition Interlock Device so long as it is driven for business purposes only, and so long as you take some steps before you drive it.

Pursuant to NYS Vehicle and Traffic Law 1198(8), and Article 9 NYCRR Section 358.7 (c) (5) ...

Prior to an operator legally driving an employer’s vehicle within the scope of his or her employment, the operator must provide satisfactory proof to the monitor that the employer has been notified of the operator’s driving privilege is restricted and necessitates installation and maintenance of a functioning ignition interlock device and such employer grants permission for the operator to drive the employer’s vehicle without the device only for business purposes. Such exemption for business purposes shall not apply to any vehicle owned by a business entity all or partly owned or controlled by the operator.

To make use of this exemption, your lawyer will help you draft a letter that needs to be printed on your employer's letterhead and signed by a person with authority from your employer to make these decisions. The letter will look something like this:

Your Employer's Name
123 Job Street
Rochester, NY 14607
 
Hon.  Jane Doe
Rochester Moot Court
123 Court Street
Rochester, NY 14607
 
Judge Doe:
 
(Insert your name here) is employed at ACME, Inc., and as part of her job responsibilities, she is required to operate a work vehicle. We are aware that she is going to have an Ignition Interlock restriction on her vehicle. Pursuant to NYS VTL 1198(8) and Article 9 NYCRR Section 358.7 (c) (5), we are giving her permission to drive our work vehicles without an Ignition Interlock Device for business purposes only.
 
Respectfully,
 
John Doe Supervisor
 
An experienced DWI lawyer will know how to make sure that the impact of a DWI conviction is minimized, and that includes making sure that you have the driving privileges you need for work. If you are facing a DWI charge near Rochester, NY, please call us. We can help. (585) 485-0025
The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128