Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Alcohol"
means Ethyl Alcohol, also called
				  ethanol.
"Anti circumvention feature"
means any feature
				  or circuitry incorporated into the device that is designed to prevent activity
				  that would cause the device not to operate as intended.
"Board"
means the Administrative Offices of the
				  Oklahoma Board of Tests for Alcohol and Drug Influence created by O.S.
				  47:759.
"Board en banc"
means the
				  sitting members of the Board as defined by O.S. 47:759 (A).
"Breath alcohol test"
means the analysis of a
				  person's expired alveolar breath to determine the alcohol concentration.
"Calibration"
means the process of testing and
				  adjusting a device to ensure accuracy.
"Camera"
means a separate device to capture
				  photos as required in this Chapter.
"Circumvention"
means to bypass the correct
				  operation of an interlock device by starting the vehicle, by any means, without
				  first providing a breath alcohol test or providing a negative result
				  confirmatory test.
"Confirmatory test"
means a breathalcohol test
				  required in response to a circumvention.
"Certification"
means a status granted by the
				  Board that permits a manufacturer to distribute a device in the state of
				  Oklahoma.
"Data storage system"
means a recording of all
				  events monitored by the device.
"Director"
means the position of the State
				  Director of the Board as defined in O.A.C.
				  40:1-1-3.
"Fee"
means a non-refundable administrative
				  fee.
"Free restart"
means a function of a device that
				  will allow a vehicle to be restarted under the requirements in this title,
				  without having to complete another breath alcohol test.
"Ignition interlock device"
means a mechanism,
				  which may include a camera, that prevents a vehicle from starting when the
				  breath alcohol concentration of a breath alcohol test meets or exceeds the
				  startup set point. Also referred to as "device".
"Installation Authority"
means the Oklahoma
				  agency or entity by statute or order requiring or authorizing installation of a
				  device.
"Ignition Interlock Maintenance and Calibration
				  Fee"
means the fee collected from the participant, at the time of the
				  performing calibration and maintenance as required by this title. This fee is
				  to be remitted to the Board of Tests.
"License"
means the permission granted by the
				  Board to engage in specific activities of the ignition interlock program.
"Manufacturer"
means the actual producer of the
				  device.
"Manufacturer representative"
means the
				  individual designated by the manufacturer to act on behalf of or represent the
				  manufacturer in all matters under the jurisdiction or consideration of the
				  Board with respect to device certification.
"Monitor"
means the agency, organization and/or
				  person(s) designated by the Installation Authority to receive reports regarding
				  ignition interlock program participants.
"Negative result"
means a breath alcohol test
				  result indicating the alcohol concentration is less than the specific point
				  value for the purpose specified.
"Operable vehicle"
means a motor vehicle with
				  ability to drive forward under its own power and steer and can be legally
				  driven on public roadways.
"Permanent lockout"
means a condition wherein
				  the device will not allow a breath alcohol test and therefore will not allow
				  the vehicle to be started.
"Positive result"
means a breath alcohol test
				  result indicating the alcohol concentration meets or exceeds the specific point
				  value for the purpose specified.
"Power violation"
means failure to provide power
				  to an Ignition Interlock device installed in a vehicle for a period of
				  seventy-two (72) hours or more.
"Proper Record Maintenance"
means the
				  manufacturer's complete records on every participant for a period of five (5)
				  years from the date of removal including, but not limited to, all data
				  retrieved from the data storage system of a device. The Board, or its designee,
				  shall have access to any and all records.
"Reciprocity"
means the process by which the
				  Board may defer to a foreign state's device standards and specifications when
				  an interlock participant is required to meet an interlock requirement for more
				  than one state simultaneously.
"Reference sample device"
means any alcohol
				  breath testing external control or device approved for use by the Board.
"Retest"
means a breath alcohol test or tests
				  required in accordance with O.A.C.
				  40:50-1-3(e).
"Retest violation"
means failure to deliver a
				  negative breath alcohol test result within the time frame prescribed by these
				  rules.
"Startup set point"
means an alcohol
				  concentration at which, or above, the device would prevent the vehicle from
				  starting.
"Startup test"
means a breath alcohol test
				  provided before the vehicle is started.
"Tampering"
means any act or attempt to adjust,
				  obscure, alter, interfere, disable, defeat or circumvent the installation or
				  operation of the device and/or camera.
"Technical non-compliance"
means the failure of
				  the device to comply with one or more provisions of this title with regard to
				  device performance that does not affect the device's ability to respond
				  appropriately to a negative breath test or a breath alcohol test required by
				  40:50-1-3 -(c), (e), or (g), or
				  the ability of the device to satisfy the requirements of
				  40:50-1-3(b)(1)
				  or 40:50-1-3(f).
"Vendor"
means a licensed ignition interlock
				  technician designated by the Manufacturer representative of a certified device
				  to act on behalf of or represent the manufacturer in all matters under the
				  jurisdiction or consideration of the Board, excluding matters related to device
				  certification.
Added at 27 Ok Reg 2667,
				  eff 8-26-10