Section § 23247

Explanation

This law makes it illegal to rent, lease, or lend a vehicle to someone whose driving privileges are restricted without installing an ignition interlock device (a gadget that requires a breath test before starting a car). Individuals with these restrictions must inform lenders about their limitations. It's illegal to help someone bypass or tamper with these devices, or operate a car without them. Violators face jail time, fines, or both. Courts must notify the DMV of violations, which can extend bans on driving. Device manufacturers can remove their gadgets from impounded cars without incurring removal fees. This law came into effect in 2019 and is set to expire in 2026 unless extended.

(a)CA Vehicle Code § 23247(a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b)CA Vehicle Code § 23247(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c)CA Vehicle Code § 23247(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700.
(d)CA Vehicle Code § 23247(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e)CA Vehicle Code § 23247(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
(f)CA Vehicle Code § 23247(f) Any person convicted of a violation of this section shall be punished by imprisonment in a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g)Copy CA Vehicle Code § 23247(g)
(1)Copy CA Vehicle Code § 23247(g)(1) If any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, or 13353.75 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person’s driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.3 are met.
(2)CA Vehicle Code § 23247(g)(2) If any person who is restricted pursuant to Section 23575.3, subdivision (a) or (i) of Section 23575, or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the person’s driving privilege for one year from the date of the conviction.
(h)CA Vehicle Code § 23247(h) Notwithstanding any other law, if a vehicle in which a functioning, certified ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i)CA Vehicle Code § 23247(i) This section shall become operative on January 1, 2019.
(j)CA Vehicle Code § 23247(j) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.

Section § 23247

Explanation

This law makes it illegal to rent, lease, or lend a vehicle to someone with a restricted driving license unless the car has a certified ignition interlock device. Such devices prevent someone who has been legally restricted from driving from operating a vehicle without passing a breath test for alcohol. The person with a restricted license must inform others about their restriction before renting a car.

It's also illegal to ask someone else to blow into the device for you, to tamper with the device, or to drive without one if your license is restricted. Violating these rules can lead to fines up to $5,000 or six months in jail, or both. Additionally, if someone drives a car without the interlock device in spite of restrictions, their driving privileges can be further suspended or revoked.

If a vehicle with an interlock device is impounded, the device's manufacturer can remove it without any charge. This law will start being enforced on January 1, 2026.

(a)CA Vehicle Code § 23247(a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 23575, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b)CA Vehicle Code § 23247(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c)CA Vehicle Code § 23247(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700.
(d)CA Vehicle Code § 23247(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e)CA Vehicle Code § 23247(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 to operate any vehicle not equipped with a functioning, certified ignition interlock device.
(f)CA Vehicle Code § 23247(f) Any person convicted of a violation of this section shall be punished by imprisonment in a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g)Copy CA Vehicle Code § 23247(g)
(1)Copy CA Vehicle Code § 23247(g)(1) If any person whose driving privilege is restricted pursuant to Section 13352 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person’s driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2)CA Vehicle Code § 23247(g)(2) If any person who is restricted pursuant to subdivision (a) or (l) of Section 23575 or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the person’s driving privilege for one year from the date of the conviction.
(h)CA Vehicle Code § 23247(h) Notwithstanding any other law, if a vehicle in which a functioning, certified ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i)CA Vehicle Code § 23247(i) This section shall become operative January 1, 2026.