Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules
				661-158.1
				(321J) through
				661-158.9
				(321J):
"Alcohol"
means any member of the class of
				organic compounds known as alcohols and, specifically, ethyl alcohol.
"Authorized service provider"
or
"ASP"
means a person or company meeting all qualifications
				outlined in this chapter and approved and trained by the manufacturer to
				service, install, monitor or calibrate IIDs approved pursuant to this
				chapter.
"Breath alcohol concentration "
or
"BrAC"
means the amount of alcohol determined by chemical
				analysis of the individual's breath measured in grams of alcohol per 210 liters
				of breath.
"Bypassing"
or
"tampering"
means the attempted or successful circumvention of the proper functioning of an
				IID including, but not limited to, the push start of a vehicle equipped with an
				IID, disabling, disconnecting or altering an IID, or introduction of a breath
				sample into an IID other than a nonfiltered direct breath sample from the
				driver of the vehicle in order to defeat the intended purpose of the
				IID.
"DCI"
means the Iowa division of criminal
				investigation.
"DOT"
means Iowa department of transportation,
				office of driver services.
"Fail level"
means a BrAC equal to or greater
				than 0.025 grams per 210 liters of breath, at which level the IID will prevent
				the vehicle from starting or will indicate a violation once the vehicle is
				running.
"Ignition interlock device "
or
"IID
				"
means an electronic device that is installed in a vehicle and that
				requires the completion of a breath sample test prior to starting the vehicle
				and at periodic intervals after the vehicle has been started. If the IID
				detects an alcohol concentration of 0.025 grams or greater per 210 liters of
				breath, the vehicle shall be prevented from starting.
"laboratory "
means the division of criminal
				investigation criminalistics laboratory.
"lessee "
means a person who has entered into
				an agreement with a manufacturer or an ASP to lease an IID and whose driving
				privileges are contingent on the use of an IID.
"lockout condition "
means a situation in
				which a proper breath sample was not provided to an IID when required, or when
				a random retest results in an alcohol concentration equal to or greater than
				0.025 BrAC. Once a lockout condition occurs, the IID shall be reset by the
				manufacturer or the ASP within five days, or the IID shall render the vehicle
				ignition incapable of starting the vehicle.
"Manufacturer"
means the person, company, or
				corporation that produced the IID.
"Random retest"
means a breath sample that is
				collected in a nonscheduled, random manner after the vehicle has been
				started.
"User"
means a person operating a vehicle
				equipped with an IID.
"Violation "
means a condition caused by
				either (1) failure to provide a proper breath sample to the IID during a random
				retest, (2) the IID indicating a concentration exceeding the maximum allowable
				concentration of 0.025 BrAC during a random retest, or (3) the IID indicating
				that bypassing the device or tampering with the device occurred or was
				attempted.