Indiana Administrative Code › Title 140 - BUREAU OF MOTOR VEHICLES › Article 1 - SAFETY AND RESPONSIBILITY › Rule 8 - Standards and Specifications for Ignition Interlock Devices › Section 8-0.5 - Purpose and definitions

Current through July 10, 2024
Authority: IC
				  9-14-8-3; IC
				  9-30-8-3
Affected: IC
				  9-13-2-76;
				  IC 9-30
Sec. 0.5.
(a) The
				purpose of this rule is to establish standards and specifications for
				certification, installation, use, repair, and removal of ignition interlock
				breath alcohol devices.
(b) The
				following definitions shall apply throughout this rule:
(1) "Alcohol" means the generic class of
				organic compounds known as alcohols and specifically the chemical compound
				ethyl alcohol. For the purpose of ignition interlock devices, there is no
				requirement expressed or implied that the device be specifically for ethyl
				alcohol.
(2) "Authorized service
				provider" or "ASP" means the person or company meeting all qualifications
				outlined throughout this rule and approved and trained by the manufacturer to
				service, install, monitor, calibrate, and provide information on manufacturer's
				devices used in Indiana.
(3) "Bogus
				sample" means any air sample that is altered, diluted, stored, or is filtered
				human breath, or which is obtained from a device such as, but not limited to,
				an air compressor, hot air dryer, balloon, or manual air pump, and is provided
				by an individual attempting to start or continue to operate a vehicle equipped
				with an IID.
(4) "Breath or blood
				alcohol concentration" or "BAC" means the amount of alcohol in a person's
				breath sample submitted to an IID, which shall be measured by grams of alcohol
				per:
(A) one hundred (100) milliliters of
				blood; or
(B) two hundred ten (210)
				liters of breath.
(5)
				"Circumvention" means the attempted or successful bypass of the proper
				functioning of an IID, including, but not limited to, the operation of a
				vehicle without a properly functioning IID, the push start of a vehicle
				equipped with an IID, disconnection or alteration of the IID, the introduction
				of a bogus sample other than a deep-lung sample from the driver of the vehicle,
				introduction of an intentionally contaminated or altered breath sample,
				continued operation of the interlock vehicle after the IID detects a fail level
				of breath alcohol.
(6) "Fail level"
				means a BAC that meets or exceeds .02 or a lower level set by the originating
				court.
(7) "Ignition interlock
				device" or "IID" has the meaning set forth in IC
				9-13-2-76.
(8) "Lessee" means a person who has entered
				into an agreement with a manufacturer or ASP to lease an IID.
(9) "Manufacturer" means the person, company,
				or corporation producing IIDs, and certifies service providers who are
				qualified to service, install, monitor, calibrate, and provide information on
				IIDs.
(10) "Originating court"
				means the Indiana court that issued the order that requires an individual to
				operate only vehicles equipped with IIDs.
(11) "Restricted operator" means a person
				whose driving privileges are restricted to operating only motor vehicles
				equipped with an approved, functioning IID.
(12) "Tampering" means any act or attempt to
				disable or circumvent the legal operation of an IID.
(13) "Violation reset" means the condition
				caused by the failure of the operator of a vehicle to perform a test or retest
				as required, or by the operator's inability to achieve such test or retest
				results at the lower of the maximum allowable alcohol concentration as set by
				the originating court or .02 BAC, the IID and the vehicle in which it is
				installed must be returned to the IID manufacturer or ASP to be
				reset.