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 the
				 term "mechanical override code," changes the name of the definition term from
				 "override lockout" to "override lockout code" and updates its descriptive
				 language to say that it is a method to override a lockout condition by
				 providing a unique code, and renumbers the definitions that appear after the
				 term "mechanical override code" accordingly.
(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 operating;
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 con-sanguinity 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, grandchild-in-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. 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;
39. Technician-A
				person trained by the authorized service provider to possess the skills
				necessary to install, service, calibrate, and/or remove ignition interlock
				devices;
40. 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;
41. 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.