A “lockout” occurs when the ignition of a motor vehicle is locked due to certain activity such as failed or missed rolling re-tests. Lockouts also occur due to 2 failed initial start tests and missed monthly downloads. Even a single rolling re-test failure will trigger a lockout.
The Registry considers any lockout of an ignition interlock device to have been caused by the restricted driver and the RMV places the burden on the driver to produce exculpatory evidence to prove, to the Registry’s satisfaction, that the lockout was caused by someone other than the driver whose license is restricted. The Registry states that the restricted driver is responsible to inform anyone using his or her IID equipped vehicle of the consequences of a lockout.
Whenever a lockout occurs, the service provider will electronically notify the Registry and the Registry’s Interlock Department may initiate the hearing process by sending the customer a letter notifying them of an Ignition Interlock Violation hearing. If you receive such a letter, you should contact a lawyer because this hearing may result in a long term license revocation.
To clear yourself of a lockout, even if it does not result in an Ignition Interlock Hearing Notice being sent to you, it is your responsibility to appear before a RMV Hearings Officer, within 30 days of the lockout, to contest the lockout and to provide information to the hearings officer demonstrating why the lockout should not be assessed against you. If the lockout does not result in a license revocation, it can result in an extension of the IID restriction on your license for a period of 180 days. If you fail to challenge the lockout within the required 30 day period, the Registry may hold it against you at any future Ignition Interlock removal or violation hearing