Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 25.00 - Certification, installation, use and maintenance of ignition interlock devices › Section 25.03 - Definitions

Current through Register 1525, July 5, 2024
Blood Alcohol Concentration (BAC)
.
				Percentage, by weight, of alcohol in a person's blood, as measured by a test of
				the person's breath or blood.
Circumvention
. An overt, conscious
				attempt to bypass the Ignition Interlock Device by providing samples other than
				the natural unfiltered breath of the operator, or by starting the car 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.
Failed Rolling Retest
. A breath test
				taken by the operator of an IID-equipped vehicle while the vehicle is running
				that shows the operator has a BAC greater than.02.
Failed Start-up Test
. A breath test
				taken by the operator of an IID-equipped vehicle prior to starting the
				vehicle's ignition, registering a BAC greater than.02.
Hardship License
. Any driver's license
				or right to operate authorized by the Registrar or the Board during a period of
				license suspension or revocation that allows a person to drive for limited
				hours during the remaining period of revocation or suspension.
Ignition Interlock Device (IID)
. An
				alcohol sensing instrument mounted in an automobile and connected to the
				ignition system to prevent the vehicle from starting, unless the driver first
				provides a satisfactory deep lung air sample. The device analyzes the deep lung
				air sample to determine the BAC of the operator. If the measured BAC is
				above.02, the device prevents the vehicle from starting. Certified IIDs meet
				the requirements set out in
				540 CMR
				25.05.
Ignition Interlock Restriction
. The
				limitation imposed by the Registrar on an individual's license or right to
				operate prohibiting operation of any motor vehicle in the Commonwealth without
				an Ignition Interlock Device, subject to the terms and conditions set out in
				M.G.L. c. 90, and
				540 CMR 25.00.
Lockout
. A multiple-step process
				resulting from an infraction of the Ignition Interlock Restrictions, including
				a period during which the operator cannot start the vehicle.
Missed Rolling Retest
. Failure to take
				the Rolling Retest within the time period allotted by the IID. If the breath
				test is taken after the time period allotted and demonstrates a BAC greater
				than.02, it shall be deemed a Failed Rolling Retest.
Passed Test
. A breath test taken by
				the operator of an IID-equipped vehicle prior to starting the ignition or while
				the vehicle is running that shows the operator's BAC is equal to or less
				than.02.
Registrar
. The Registrar of Motor
				Vehicles for the Commonwealth of Massachusetts or his or her designee.
Rolling Retest
. A breath test,
				administered at random intervals, taken by the operator of an IID-equipped
				vehicle while the vehicle is running.
Service Period
. The time between
				Service Visits, which shall be at least 25 days, but not more than 30
				days.
Service Provider
. An entity approved
				by the Registrar that installs and services the operator's Ignition Interlock
				Device.
Service Visit
. A required visit to the
				Service Provider by the operator to have the Ignition Interlock Device
				inspected, monitored or maintained. An initial Service Visit shall be conducted
				within 30 days of IID installation, and regularly thereafter in Service Periods
				of 25 - 30 days.
Start-up Test
. A breath test taken by
				the operator of an IID-equipped vehicle to measure the operator's BAC prior to
				starting the vehicle's ignition.
Tamper
. An overt, conscious attempt to
				physically disable or otherwise disconnect the Ignition Interlock Device from
				its power source and thereby allow a person to start the engine or continue to
				operate a motor vehicle without a Passed Test.