Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-12a - Definitions

Current through July 10, 2024
As used in sections 14-227a-11 a to 14-227a-28a, inclusive,
				  of the Regulations of Connecticut State Agencies:
(1) "Alcohol set point" or "start-up set
				point" means the blood alcohol content, established pursuant to subsection (a)
				of section
				14-227j
				of the Connecticut General Statutes, at or above which the device shall prevent
				the motor vehicle in which it is installed from starting;
(2) "Applicant" means a manufacturer or
				vendor, or its authorized representative, who is seeking the Department's
				approval of an ignition interlock device;
(3) "Approved applicant" means a manufacturer
				or vendor, or its authorized representative, who has obtained approval of an
				IID by the commissioner in accordance with section 14-227a-14 a of the
				Regulations of Connecticut State Agencies;
(4) "Blood alcohol content" or "BAC" means
				the grams of ethyl alcohol per one hundred (100) milliliters of blood expressed
				as percentage, or grams of alcohol per 210 liters of breath;
(5) "Circumvent" means an overt attempt to
				bypass the ignition interlock device by providing samples other than the
				natural unfiltered breath of the operator, or by starting the vehicle without
				using the ignition switch, or any other act intended to allow the vehicle to
				start or continue to operate without the operator first taking and passing a
				breath test;
(6) "Commissioner"
				means the Commissioner of Motor Vehicles;
(7) "CSSD" means the Court Support Services
				Division of the Judicial Branch of the State of Connecticut;
(8) "Department" means the Department of
				Motor Vehicles;
(9) "Device" means
				an ignition interlock device or breath alcohol ignition interlock
				device;
(10) "Failed rolling
				re-test" means a breath test taken by the operator of a motor vehicle equipped
				with an ignition interlock device while the vehicle is running that shows the
				operator has a BAC at or above the alcohol set point;
(11) "Failed start up test" means a breath
				test taken by the operator of a motor vehicle equipped with an ignition
				interlock device prior to starting the vehicle's ignition which registers a BAC
				at or above the alcohol set point, and which prevents the vehicle from
				starting;
(12) "Ignition interlock
				device", also known as "IID" or "breath alcohol ignition interlock device", has
				the same meaning as provided in subsection (a) of section
				14-227j
				of the Connecticut General Statutes;
(13) "Independent testing laboratory" means a
				testing laboratory or analytical chemist not affiliated with a manufacturer of
				ignition interlock devices that is qualified to test ignition interlock devices
				or reference samples;
(14)
				"Installer" means a manufacturer's or vendor's representative who is authorized
				to install, inspect, calibrate, maintain and remove an ignition interlock
				device;
(15) "Manufacturer" means
				any person who engages in the manufacturing or assembling of ignition interlock
				devices;
(16) "Model
				specifications" means the Model Specifications for Breath Alcohol Ignition
				Interlock Devices (BAIID) of the National Highway Traffic Safety
				Administration, published in 78 Federal Register 26849, or any amendment
				thereto;
(17) "Operating Privilege"
				means the nonresident motor vehicle operating privilege granted to a licensed
				resident of another state, province or country under section
				14-39
				of the Connecticut General Statutes;
(18) "Operator" has the same meaning as
				provided in section
				14-1 of
				the Connecticut General Statutes;
(19) "Owner" has the same meaning as provided
				in section
				14-1 of
				the Connecticut General Statutes, and includes a lessee of a motor
				vehicle;
(20) "Purge" means the
				process whereby a device cleanses or removes a previous breath test sample from
				the device and specifically removes residual alcohol;
(21) "Rolling re-test" means a breath test
				required within randomly variable intervals while an operator is driving a
				motor vehicle equipped with an IID to ensure that the operator's BAC remains
				below the alcohol set point;
(22)
				"Security" means the protection and safeguards incorporated into ignition
				interlock devices to ensure proper performance and to ensure against failure
				caused either by inherent defects or human tampering that causes the device not
				to operate as designed;
(23)
				"Service center" means a physical location in Connecticut where IIDs are
				installed, inspected, monitored, calibrated, maintained and removed and
				includes mobile service units;
(24)
				"Service period" means the interval between service visits;
(25) "Service visit" means a required visit
				to a service center to have an IID inspected, monitored, calibrated, maintained
				or removed, and includes an initial service visit, monthly service visits and a
				visit to a service center as a result of a violation or malfunction of the
				device;
(26) "Tampering" means an
				overt attempt to physically alter or disable an IID, or disconnect it from its
				power source, or remove, alter or deface physical anti-tampering measures, so
				an operator is able to start or continue to operate the motor vehicle without
				taking and passing a required breath test;
(27) "Vendor" means any person that provides
				or distributes an approved IID and;
(28) "Violation" means one of the following
				acts or omissions by a person who is required to operate a motor vehicle with
				an IID:
(a) Failing to appear for an IID
				scheduled service visit within five (5) days of the scheduled service
				date;
(b) Failing a rolling
				re-test;
(c) Failing to submit to a
				rolling re-test;
(d) Tampering with
				or attempting to tamper with the IID, based upon a report to the commissioner
				and CSSD from the manufacturer or vendor, or its authorized representative, or
				the installer;
(e) Operating a
				motor vehicle without a required IID;
(f) Removing or causing to be removed an IID
				without proof of written authorization from the commissioner;
(g) Requesting or soliciting another person
				to blow into or otherwise activate the device for the purpose of providing the
				restricted operator with an operable motor vehicle;
(h) Circumventing or attempting to circumvent
				the IID, based upon a report to the commissioner and CSSD from the manufacturer
				or vendor, or its authorized representative, or the installer; and
(i) Failing an initial start-up test when the
				operator's BAC is at or above five hundredths of one percent.