Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 6 - IGNITION INTERLOCK DEVICE MANUFACTURERS AND IGNITION INTERLOCK SERVICE PROVIDERS › Section R17-5-601 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided under A.R.S. §§
									28-101
				  and
				  41-1072,
				  in this Article, unless the context otherwise requires, the following terms
				  apply:
"Alcohol concentration" means the weight amount of alcohol
				  contained in a unit volume of breath or air, measures in grams of ethanol/210
				  liters of breath of air and expressed as grams/210 liters.
"Alveolar breath sample" means the last portion of a
				  prolonged, uninterrupted exhalation from which breath alcohol concentrations
				  can be determined.
"Anticircumvention feature" means any feature or circuitry
				  incorporated into the ignition interlock device that is designed to prevent
				  human activity that would cause the device not to operate as intended.
"Authorization agreement" or "agreement" means an agreement
				  authorized by the Director that an IISP enters into with the Department to
				  provide ignition interlock services under A.R.S. §
									28-1468.
"Breath alcohol test" means analysis of a sample of the
				  person's expired alveolar breath to determine alcohol concentration.
"Bump starting" means a method of starting a motor vehicle
				  with an internal combustion engine by engaging the manual transmission while
				  the vehicle is in motion.
"Business day" means a day other than a Saturday, Sunday, or
				  state holiday.
"Calibration" means the testing, adjustment, or systematic
				  standardization of an ignition interlock device to determine and verify its
				  accuracy.
"Cancellation" means the termination of a manufacturer's
				  ignition interlock device certification for ignition interlock device
				  installation.
"Certification" means a status granted by the Department
				  under this Article, which permits a certified ignition interlock device
				  manufacturer to offer an ignition interlock device for installation.
"Certified ignition interlock device," "CIID," or "device"
				  means a device that is based on alcohol specific electrochemical fuel sensor
				  technology that meets the NHTSA specifications; that connects a breath analyzer
				  to a motor vehicle's ignition system; that is constantly available to monitor
				  the alcohol concentration in the breath of any person attempting to start the
				  motor vehicle by using its ignition system; that deters starting the vehicle by
				  use of its ignition system unless the person attempting to start the motor
				  vehicle provides an appropriate breath sample for the device; and determines
				  whether the alcohol concentration in the person's breath is below a preset
				  level.
"Circumvent" or "circumvention" means an attempted or
				  successful bypass of the proper functioning of a certified ignition interlock
				  device and includes all of the following:
The bump start of a motor vehicle with a certified ignition
				  interlock device;
The introduction of a false sample other than a deep-lung
				  breath sample from the person driving the motor vehicle;
The introduction of an intentionally contaminated or a
				  filtered breath sample;
The intentional disruption or blocking of a digital image
				  identification device;
The continued operation of the motor vehicle after the
				  certified ignition interlock device detects breath alcohol exceeding the
				  presumptive limit prescribed in A.R.S. §
									28-1381(G)(3)
				   or, if the person is under 21 years of age,
				  any attempt to operate the motor vehicle with any spirituous liquor in the
				  person's body;
Operating a motor vehicle without a properly functioning
				  certified ignition interlock device and;
When a person, who is required to maintain a functioning
				  certified ignition interlock device is starting or operating the motor vehicle,
				  permits another individual to breathe into the certified ignition interlock
				  device for the purpose of providing a breath alcohol sample to start the motor
				  vehicle or for the rolling retest.
"Corrective action" means an action specified in or
				  reasonably implied from Title 28, Chapter 4, Arizona Revised Statutes, that the
				  Department takes in relation to a person's driving privilege and the usage or
				  discontinuation of usage of a CIID.
"Customer number" means the system-generated, or other
				  distinguishing number, assigned by the Department to each person conducting
				  business with the Department. The customer number of a private individual is
				  generally the person's driver license or non-operating identification license
				  number.
"Data logger" means the electronic record of all ignition
				  interlock device activity during the period when the device is
				  installed.
"Data storage system" means a computerized recording of all
				  events monitored by an ignition interlock device, which may be reproduced in
				  the form of specific reports.
"Defective ignition interlock device" means an ignition
				  interlock device that:
1. Does not meet the NHTSA specifications;
2. Does not pass calibration tests; or
3. Does not meet the accuracy and device standards prescribed
				  in these rules.
"Drive cycle" means either the period of time from when a
				  motor vehicle is initially turned on to the next time the ignition is turned
				  off, or the period of time from when an initial breath alcohol test is
				  performed and failed, to the time a breath alcohol test is successfully taken
				  and the ignition is turned off.
"Early recall" means that a person's ignition interlock
				  device recorded one tampering or circumvention event, any ignition interlock
				  malfunction, or any four valid reportable violations within a continuous 90-day
				  period, that requires a person to return to a service center within 72
				  hours.
"Emergency bypass" means an event that permits a vehicle
				  equipped with an ignition interlock device to be started without requiring
				  successful completion of a required breath alcohol test.
"Emergency situation" means a circumstance in which the
				  person informs the IISP or IISP-certified technician that the person's vehicle
				  needs to be moved to comply with the law, or the person has a valid and urgent
				  need to operate the vehicle.
"Established place of business" means a business location
				  that is:
Approved by the Department;
Located in Arizona;
Not used as a residence; and
Where an IISP or its agent or subcontractor provides
				  authorized ignition interlock services.
"False sample" means any sample other than the unaltered,
				  undiluted, or unfiltered alveolar breath sample coming from the person.
"Filtered breath sample" means any mechanism by which there
				  is an attempt to remove alcohol from the human breath sample.
"Free restart" means a function of a CIID that will allow a
				  person to restart the vehicle, under the conditions provided in
				  R17-5-615,
				  without completing another breath alcohol test.
"FTP" means file transfer protocol, the exchange of files
				  over any network that supports electronic data interchange reporting that is
				  transmitted through the Internet and prescribed by the Department.
"Global positioning system" means the ability of a wireless
				  certified ignition interlock device to identify and transmit its geographic
				  location through the operation of the device.
"Ignition interlock device installation fee" means the fee
				  required in A.R.S. §
									28-1462,
				  and established by the Department in
				  R17-5-614,
				  that is paid by a person to an IISP when a CIID is installed on, or transferred
				  to a person's vehicle.
"Ignition interlock period" means the period in which a
				  person is required to use a CIID that is installed on a vehicle.
"Ignition interlock service provider" or "IISP" means a
				  person who is an authorized representative of a manufacturer and who is under
				  contract with the Department to install or oversee the installation of ignition
				  interlock devices by the provider's authorized agents or subcontractors and to
				  provide services to the public related to ignition interlock devices.
"Improper reporting" means any of the following:
Failure of a manufacturer to report any violations to the
				  Department within 24 hours as required in
				  R17-5-610(D)(1),
				  or failure to send a person's ignition interlock reporting records, including
				  records relating to a violation, to the Department as required in
				  R17-5-612(C);
Failure of a manufacturer to submit to the Department valid
				  and substantiated proof or evidence of a reportable activity related to a
				  violation, including a summary report and relevant data loggers as required in
				  R17-5-610(D)(2),
				  within 10 days after the Department's request;
Failure of a manufacturer to electronically send each
				  Certified Ignition Interlock Summarized Reporting Record to the Department
				  within 24 hours, after performing a calibration check, that results in the
				  Department mailing a driver license suspension to a person;
Failure of a manufacturer to electronically send a Certified
				  Ignition Interlock Device Summarized Reporting Record to the Department within
				  24 hours after installing a CIID;
Electronic reporting by a manufacturer to the Department, of
				  data that is an exact duplicate of a single violation that occurs on a
				  particular day and time and is reported multiple times;
Knowingly reporting a violation that occurs when a
				  participant's vehicle has high or low voltage;
Reporting an incident that occurs when a person has a free
				  restart test to start the person's vehicle;
Reporting an incident that occurs in which a manufacturer
				  downloads data from the device during a calibration check and tampers with the
				  data or a CIID;
Failure of a manufacturer to validate any person's ignition
				  interlock period extension within 10 days; or
Reporting an incident that occurs after the person's vehicle
				  is turned off.
"Independent laboratory" means a testing facility, not owned
				  or operated by a manufacturer, that can test an ignition interlock device
				  according to the Model Specifications for Breath Alcohol Ignition Interlock
				  Devices (BAIIDs), NHTSA, published at 78 FR 26862 to 26866, May 8, 2013, with
				  the NHTSA technical corrections published at 80 FR 16720 to 16723, March 30,
				  2015.
"Manufacturer" means a person or an organization that is
				  located in the United States, that is responsible for the design, construction,
				  and production of an ignition interlock device and that is certified by the
				  Department to offer ignition interlock devices for installation in motor
				  vehicles in this state.
"Material modification" means a change to a CIID that affects
				  the functionality of the device.
"Missed rolling retest" means the person refused or failed
				  to provide a valid and substantiated breath sample while operating the motor
				  vehicle, in response to a requested rolling retest within the time period
				  prescribed in
				  R17-5-615(E).
"Mobile services" means ignition interlock services provided
				  by an IISP or its agents or subcontractors at a publicly accessible location
				  other than the IISP's service center, that meet the requirements of
				  R17-5-618.
"NHTSA" means the United States Department of
				  Transportation's National Highway Traffic Safety Administration.
"NHTSA specifications" means the specifications for breath
				  alcohol ignition interlock devices published at 78 FR 26862 to 26866, May 8,
				  2013, with the NHTSA technical corrections published at 80 FR 16720 to 16723,
				  March 30, 2015.
"Permanent lock-out" means a feature of the CIID in which a
				  motor vehicle will not start until the CIID is reset by an IISP or an
				  IISP-certified technician.
"Person" means a person who is ordered by an Arizona court or
				  the Department to equip each motor vehicle operated by the person with a
				  functioning CIID, and who becomes a customer of an IISP for installation and
				  servicing of the CIID.
"Positive result" means a test result indicating that the
				  alcohol concentration meets or exceeds the set point value.
"Principal place of business" means the administrative
				  headquarters of a manufacturer or an IISP that is located in Arizona, is zoned
				  for commercial, and is not used as a residence.
"Purge" means any mechanism that cleanses or removes a
				  previous breath or reference sample from the device and specifically removes
				  alcohol.
"Real-time" or "real-time reporting" means the instant
				  transmission of unfiltered ignition interlock violations as defined in
				  R17-5-601, and data as prescribed in
				  R17-5-610,
				  including digital images, to the manufacturer's website for viewing by the
				  Department without delay, as electronic or digital service permits.
"Reference sample device" means a device containing a sample
				  of known alcohol concentration.
"Reference value" means an alcohol reference solution
				  prepared and tested in a laboratory with a reference value and used to perform
				  an accuracy check of the calibration of a CIID.
"Retest set point" has the same meaning as set point.
"Rolling retest" means a breath alcohol test that is required
				  of a person at random intervals after the motor vehicle is started and that is
				  in addition to the initial test required to start the motor vehicle.
"Service center" means an established place of business
				  approved by the Department from which an IISP or its agents or subcontractors
				  provide ignition interlock services to persons from one or more
				  counties.
"Set point" means an alcohol concentration of 0.020 g/210
				  liters of breath.
"Tampering" means an overt or conscious attempt to physically
				  disable or otherwise disconnect the CIID from its power source that allows the
				  operator to start the engine without taking and passing the requisite breath
				  test.
"Technician" means a person who is certified and properly
				  trained by an ignition interlock service provider to install, inspect,
				  calibrate, service or remove certified ignition interlock devices.
"Temporary lock-out" means a feature of the CIID which will
				  not allow a motor vehicle to start for five minutes after a breath alcohol test
				  result indicating an alcohol concentration above the set point.
"Vehicle identification number" or "VIN" means the unique
				  code, including serial number, used by an automobile manufacturer to identify a
				  specific motor vehicle.
"Violation" (when referencing acts or omissions on the part
				  of a person in the ignition interlock program) includes, but is not limited to
				  any of the following reportable activities performed by a person which a
				  manufacturer shall promptly report to the Department:
Circumventing the CIID as defined in R17-5-601;
Tampering with the CIID as defined in A.R.S. §
									28-1301;
Failing to provide proof of compliance or inspection of the
				  CIID under A.R.S. §
									28-1461(E)(4);
Attempting to operate the vehicle with an alcohol
				  concentration of 0.08 or more as prescribed in A.R.S. §
									28-1461(E)(5)
				   if the person is at least 21 years of
				  age;
Attempting to operate the vehicle with an alcohol
				  concentration value in excess of the set point if the person is under 21 years
				  of age;
Refusing or failing to provide any set of three consecutive
				  valid and substantiated breath samples in response to a requested rolling
				  retest within an 18-minute time frame during a person's drive cycle;
Disconnecting or removing a CIID, except:
On repair of the vehicle, if the person provided to the
				  IISP, technician, or service center advance notice of the repair and the
				  anticipated completion date; or
On moving the device from one motor vehicle to another motor
				  vehicle if replacement of the device is accomplished within 72 hours of device
				  removal.
"Violation reset" means the unplanned servicing and
				  inspection of a CIID and the downloading of information from its data storage
				  system by an IISP as a result of an early recall that requires the manufacturer
				  to unlock the device.