Mississippi Administrative Code › Title 31 - Public Safety › Part 505 - CRIME LAB - IGNITION INTERLOCK DEVICE PROGRAM › Chapter 2 - Definitions › Rule 31-505-2.1 - Definitions

Current through June 25, 2024
1. Alcohol - Ethanol or ethyl alcohol
2. Alcohol concentration - The amount of alcohol in a given
				  amount of breath, expressed in weight per volume (w/v) based upon grams of
				  alcohol per 210 liters (L) of breath. For the purposes of this document,
				  alcohol concentrations given in BrAC are equal to those given in blood alcohol
				  concentration, grams of alcohol per 100 milliliters of blood.
3. Alveolar air - Also called "deep lung air" or "alveolar
				  breath." An air sample which is the last portion of a prolonged, uninterrupted
				  exhalation from which breath alcohol concentrations can be determined.
4. Anti-circumvention feature(s) - any feature or circuitry
				  incorporated into the Ignition Interlock Device (IID) that is designed to
				  prevent human tampering which would cause the device not to operate as
				  intended.
5. Approval - Meeting and maintaining the requirements of
				  these regulations and placement on the MDPS list of approved devices.
6. Appropriate judicial authority - a phrase used throughout
				  these regulations that includes personnel or court orders of the Mississippi
				  judicial system including, but not limited to, the court order authorizing
				  installation of an IID, the court (or judge) that authorized that installation,
				  pretrial services authorities (having to do with bail bond requirements in
				  these matters), adult supervision (or adult probation) authorities, and/or
				  occupational licensing authorities.
7. Bogus Sample - Any gas sample other than the unaltered,
				  undiluted, or unfiltered alveolar air sample coming from the individual.
8. Breath alcohol analysis - Analysis of a sample of person's
				  expired alveolar breath to determine the concentration of alcohol.
9. BrAC - Breath Alcohol Concentration, grams of alcohol per
				  210 liters of breath.
10. Certification - Meeting and maintaining the requirements
				  set forth in these regulations.
11. Data storage system - A computerized recording of all
				  events monitored by the installed IID, which may be reproduced in the form of
				  required reports.
12. Emergency bypass - An event that permits the IID equipped
				  vehicle to be started without the requirement of passing the breath
				  test.
13. Filtered air samples - Any mechanism by which there is an
				  attempt to remove alcohol from the human breath sample.
14. Free restart - A free restart is the ability to start the
				  engine again, within a reasonable time, without completion of another breath
				  alcohol analysis.
15. IID - The common abbreviation for Ignition Interlock
				  Device used throughout these regulations
16. Ignition interlock device (abbreviated in this chapter as
				  IID) - a device that is a breath alcohol analyzer that is connected to a motor
				  vehicle ignition. In order to start the motor vehicle engine, a driver must
				  blow an alveolar breath sample into the analyzer which measures the alcohol
				  concentration. If the alcohol concentration exceeds the startup set point on
				  the interlock device, the motor vehicle engine will not start.
17. Illegal start - The starting of an IID-equipped vehicle
				  without the requisite breath test having been taken and passed.
18. Interlock - The mechanism which prevents a motor vehicle
				  from starting when the alcohol concentration of a person exceeds a preset
				  value.
19. Lockout condition - A state wherein the IID will not
				  allow the vehicle to be started until a service representative completes a
				  reset, and restores the IID to a state that will allow the vehicle to be
				  started.
20. Manufacturer - The actual producer of the device.
21. Manufacturer's representative - an individual and /or
				  entity designated by the manufacturer to act on behalf of or represent the
				  manufacturer of a device. May be synonymous with vendor.
22. Mississippi Department of Public Safety (MDPS) - The
				  Agency for the implementation, administration, and enforcement of the
				  Mississippi Ignition Interlock Device regulations.
23. Monitoring Authority - Authority designated to receive
				  interlock reports, i.e. judicial, court, probation and MDPS.
24. Negative result - a test result indicating that the
				  alcohol concentration is less than the startup set point value.
25. Positive result - A test result indicating that the
				  alcohol concentration meets or exceeds the startup set point value.
26. Purge - Any mechanism which cleanses or removes a
				  previous breath or reference sample from the device and specifically removes
				  alcohol.
27. Reference sample device - a device containing a sample of
				  known alcohol concentration.
28. Reset set point - A pre-set or pre-determined alcohol
				  concentration setting, which is the same (0.02) as the startup set point at
				  which, or above, during a rolling retest, the device will record in the data
				  storage system, the high alcohol result as a violation.
29. Rolling retest - a subsequent breath test that must be
				  conducted within five (5) minutes after starting the vehicle and randomly
				  during each subsequent thirty (30) minute time period thereafter while the
				  vehicle is in operation.
30. Rolling retest violation - an event, recorded in the data
				  storage system when the rolling retest requirement is not met.
31. Service center - The physical location where the service
				  representatives perform their IID services.
32. Startup set point - A pre-set or pre-determined alcohol
				  concentration setting at which, or above, the device will prevent the ignition
				  of a motor vehicle from operating. That value shall be an alcohol concentration
				  of 0.02 g/210 liters of breath.
33. Tampering - An overt or conscious attempt to physically
				  disable or otherwise disconnect the IID from its power source and thereby allow
				  the operator to start the engine without taking and passing the requisite
				  breath test. This attempt, whether successful or not, shall be recorded in the
				  data storage system as a violation.
34. Temporary Lockout - A period of time during which the IID
				  will not allow a breath sample to be delivered or the engine to be
				  started.
35. Vendor - The person or entity representing the
				  manufacturer(s) of an approved IID and responsible for the day-to-day
				  operations and the continuing certification of an IID service center. Must have
				  manufacturer's approval for use of a particular approved IID either through
				  purchase or lease agreement. May be synonymous and with manufacturer's
				  representative.
36. Violation - Any of several events including but not
				  limited to such things as high alcohol, failure to present a rolling retest or
				  an illegal start.
37. Violation lockout - An event which causes the device to
				  prompt the participant to return the vehicle to the service center within a
				  specified number of days to perform a violation reset on the IID.
38. Violation reset - An unscheduled service of the IID by
				  the service center required because an accumulation of violations has reached a
				  number that generates violation lockout. This information shall be reported to
				  the monitoring authority within three working days after the vendor becomes
				  aware of the violation. IID will be restored to a state that will allow the
				  vehicle to be started.
Miss. Code Ann.
				  §
										45-1-3