Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 60 - Highway Safety and Traffic Division › Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements › Section 7 CSR 60-2.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds a definition for start
				  or starting to incorporate language relative to electric
				  vehicles.
(1) Definitions.
(A) The following words and terms as used in
				7 CSR 60-2.010 through 7 CSR 60-2.060 have the following meaning:
1. Alcohol retest setpoint-The breath alcohol
				concentration at which the ignition interlock device is set for the running
				retest;
2. Alcohol setpoint-The
				breath alcohol concentration at which the ignition interlock device prevents
				the vehicle from starting;
3.
				Alveolar air-Deep lung air or alveolar breath, which is the last portion of a
				prolonged, uninterrupted exhalation;
4. Authorized service provider (ASP)-The
				entity designated by the manufacturer to provide services to include but not be
				limited to installation, monitoring, maintenance, and removal of the breath
				alcohol ignition interlock device;
5. Bogus breath sample-Any sample other than
				an unaltered, undiluted, and unfiltered alveolar air sample from a
				driver;
6. Breath alcohol
				concentration (BrAC)-The amount of alcohol in a given amount of breath,
				expressed in weight per volume (% weight/volume) based on grams of alcohol per
				two hundred ten (210) liters of breath;
7. Breath alcohol ignition interlock device
				(BAIID)-A breath testing device, including all parts necessary for operation,
				e.g. handset and camera, installed in a vehicle that prevents it from operating
				if breath test results show a BrAC that meets or exceeds the alcohol setpoint.
				The device also requires the driver to continue to pass repeated breath tests
				while the vehicle is running to ensure that the driver remains below the
				alcohol setpoint. However, the interlock device will not interfere with the
				normal operation of the vehicle while it is in use;
8. Breath-Expired human breath containing
				primarily alveolar air;
9.
				Calibration-The process which ensures an accurate alcohol concentration reading
				on a device;
10. Camera-A feature
				of the device that incorporates photo identification or digital images of the
				person who is providing the breath test;
11. Circumvention-To bypass the correct
				operation of a BAIID by starting the vehicle by any means without first
				providing a breath test;
12.
				Commission-The Missouri Highways and Transportation Commission created by
				article IV, section 29, Constitution of Missouri;
13. Department-The Missouri Department of
				Transportation created by article IV, section 29, Constitution of Missouri;
14. Designated monitoring
				period-The period of time indicated by the Department of Revenue for required
				monitoring of the driver's ignition interlock use by the manufacturer;
15. Device-Breath alcohol ignition
				interlock device;
16. Division-The
				Highway Safety and Traffic Division under the department that is delegated the
				authority to administer the provisions of 7 CSR 60-2.010 through 7 CSR 60-
				2.060;
17. Download-The transfer
				of information from the interlock device's memory onto disk or other electronic
				or digital transfer protocol;
18.
				Emergency service-Unforeseen circumstances in the use and/or operation of a
				breath alcohol ignition interlock device, not covered by training or otherwise
				documented, which requires immediate action;
19. Filtered breath sample-A breath sample
				which has been filtered through a substance in an attempt to remove alcohol
				from the sample;
20. Global
				positioning system (GPS)-A feature of the device that will log the location
				(longitude and latitude), date, and time of each breath sample including any
				refusal, any circumvention attempt, and any attempt to tamper with the ignition
				interlock device;
21. Initial
				breath test-A breath test required to start a vehicle to ensure that the
				driver's BrAC is below the alcohol setpoint;
22. Installation-Mechanical placement and
				electrical connection of a breath alcohol ignition interlock device in a
				vehicle by a technician;
23.
				ISO-International Organization for Standardization;
24. Lockout-A condition of the device which
				prevents a vehicle's engine from starting unless it is serviced or
				recalibrated;
25. Manufacturer-A
				person or company responsible for the design, construction, and/or production
				of a BAIID;
26. Mechanical
				override code-Method of overriding the breath sample requirement during the
				mechanical servicing of a vehicle by a mechanic utilizing a unique code
				provided by the manufacturer;
27.
				Mobile service-A portable operation of an authorized service provider, whether
				contained within a vehicle or temporarily erected on location, which includes
				all personnel and equipment necessary to conduct ignition interlock device
				related business and services, separately and simultaneously with its parent
				fixed location service centers. The mobile service center shall comply with all
				of the requirements provided for an authorized service provider herein;
28. Operator-Any person who
				operates a vehicle that has a court-ordered or Department of Revenue-required
				breath alcohol ignition interlock device installed;
29. Override lockout code-Method of
				overriding a lockout condition by providing a unique code;
30. Permanent lockout-A condition in which
				the device will not accept a breath test until serviced by an ASP;
31. Pure breath sample-Expired human breath
				containing primarily alveolar air and having a breath alcohol concentration
				below the alcohol setpoint of twenty-five thousandths (.025);
32. Real-time reporting-The near real-time
				transmission of ignition interlock data between the manufacturer's server and
				the operator's ignition interlock while the device is in use;
33. Refusal-The failure of a driver to
				provide a breath sample and complete the breath test when prompted by the
				device;
34. Relative within second
				degree of consanguinity or affinity-A spouse or domestic partner, parent, step-
				parent, child, step-child, grandparent, step-grandparent, grandchild,
				step-grandchild, brother, step-brother, sister, step-sister, mother-in-law,
				father-in-law, grandparent-in-law, grandchildin-law, brother-in-law, or
				sister-in-law;
35. Retest-Two (2)
				additional chances to provide a breath sample below the alcohol setpoint when
				the first sample failed; or three (3) chances to provide a breath alcohol
				sample below the alcohol setpoint on the running retest;
36. Running 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;
37. Service lockout-A condition of the breath
				alcohol ignition interlock device that occurs when the operator fails to have
				the device serviced during a certain period of time and results in a permanent
				lockout condition;
38. Start or
				starting-To manipulate a vehicle's inputs or systems or to activate a motor,
				thereby initiating the transition of a stationary vehicle into motor-powered,
				driver-controlled motion;
39.
				Tampering-An overt, purposeful attempt to physically alter or disable an
				ignition interlock device, or disconnect it from its power source, or remove,
				alter, or deface physical anti-tampering measures, so a driver can start the
				vehicle without taking and passing an initial breath test and/ or blocking,
				moving, or disabling the camera, if required;
40. Technician-A person trained by the
				authorized service provider to possess the skills necessary to install,
				service, calibrate, and/or remove ignition interlock devices;
41. Temporary lockout-A condition in which
				the device will not allow the vehicle to start for fifteen (15) minutes after
				three (3) failed attempts to blow a pure breath sample within a ten- (10-)
				minute period; and
42. Violations
				reset-A feature of a device in which a service reminder is activated due to one
				(1) of the following reasons:
A. Two (2)
				fifteen (15) minute temporary lockouts within a thirty- (30-) day period;
B. Any three (3) running retest
				refusals within a thirty- (30-) day period;
C. Any three (3) breath samples, after
				startup, at or above the alcohol setpoint within a thirty- (30-) day period;
D. Any attempts to circumvent or
				tamper with a device; or
E. When a
				device is not serviced on its service date