Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 100 - IGNITION INTERLOCK DEVICE PROGRAM › Section 257-100-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 257-100-0005  to 257-100-0080, in addition to the
				terms defined in ORS
				813.599, the
				following terms apply:
(1) "Alcohol"
			 means ethanol or ethyl alcohol.
(2)
			 "Alcohol set point" means a breath alcohol concentration of 0.020%.
(3) "Breath Alcohol Concentration (BrAC)"
			 means the amount of alcohol in the blood of the individual as shown by chemical
			 analysis of the breath.
(4) "Breath
			 sample" means normal expired human breath primarily containing alveolar air and
			 provided in such a manner to be acceptable for analysis by the interlock
			 device.
(5) "Calibration" means the
			 process of testing and adjusting a device to ensure accuracy by using dry gas
			 standard that is approved to be listed on the NHTSA Conforming Products List of
			 Calibrating Units for Breath Alcohol Testers.
(6) "Circumvention" means to bypass the
			 correct operation of a device by starting or operating the vehicle, by any
			 means, without first providing a breath test.
(7) "Critical Disqualifying Factor" means a
			 mandatory minimum requirement for program qualification required by Oregon
			 Administrative Rule Chapter 257, Division 100 or Oregon Revised Statute, which
			 if not met, may result in serious risk of harm or injury to the public's health
			 or safety.
(8) "Demonstration" or
			 "Demo" Device means a readily accessible powered device, programmed to
			 mandatory minimum requirement for program qualification, allowing an individual
			 customer or OSP to use prior to a device installation.
(9) "Disqualifying Factor" means a mandatory
			 minimum requirement for program qualification required by Oregon Administrative
			 Rule Chapter 257, Division 100 or Oregon Revised Statute, which is not a
			 "critical disqualifying factor."
(10) "DMV" means the Oregon Driver and Motor
			 Vehicles Services.
(11) "Early
			 Recall" means response of the device due to an action of the individual, which
			 requires calibration of the device and downloading of the data
			 memory.
(12) "Follow-up test" means
			 a breath sample required by the device after a test result that is above the
			 alcohol set point.
(13) "Ignition
			 Interlock Device" or "IID" or "device" means a device that is designed to allow
			 a driver to start or operate a vehicle if the driver's BrAC is at or below the
			 alcohol set point and to prevent the driver from starting or operating the
			 vehicle if the driver's BrAC is above the alcohol set point. The associated
			 camera is considered part of the device.
(14) "Indigence Standards" means a
			 determination of indigence based on household income adopted by the United
			 States Department of Agriculture for the SNAP (Supplemental Nutrition
			 Assistance Program).
(15)
			 "Individual" or "Individual Customer" means a single person required to have a
			 device installed due to an Oregon Driving Under the Influence of Intoxicants
			 conviction or diversion agreement.
(16) "Initial Test" means a breath test
			 provided before the vehicle is started.
(17) "Lockout" means a condition when the
			 device will not accept a breath test until the device is serviced or unlocked
			 as permitted in OAR 257-100-0055.
(18) "Manufacturer" means an organization
			 responsible for the design, construction, production and repair of a
			 device.
(19) "Manufacturer's
			 Representative" means the only company or corporation registered as a business
			 with the Oregon Secretary of State that is designated by a manufacturer to
			 sell, rent, or lease a specific device model in the State of Oregon and provide
			 statewide device service through the operation of a network of service
			 centers.
(20) "Manufacturer's
			 Representative Liaison" means any person who is employed by the manufacturer or
			 manufacturer's representative who facilitates communications, provides
			 information, and reports customer activities to the Oregon Department of State
			 Police.
(21) "Mobile Service" or
			 "Mobile Service Center" means a vehicle operated by a certified service center
			 allowing their ignition interlock technician to service approved ignition
			 interlock devices at a location other than the fixed site service center.
(22) "NHTSA" means the National
			 Highway Traffic Safety Administration.
(23) "ODOT" means the Oregon Department of
			 Transportation
(24) "Operational"
			 means an interlock device that is installed in a vehicle, ready for use, and is
			 not currently in lockout.
(25)
			 "OSP" means the Oregon Department of State Police.
(26) Oregon Device Configuration or "ODC"
			 Test means the testing procedure used by OSP to ensure a device meets the
			 mandatory minimum requirements for program qualification as described in Oregon
			 Administrative Rule Chapter 257, Division 100 and Oregon Revised
			 Statute.
(27) "Proper Record
			 Maintenance" means the manufacturer's representative complete records on each
			 individual for a period of five years after the date of the device removal
			 including, but not limited to, all data retrieved from the data storage system
			 of a device.
(28) "Purge" means any
			 action by which a device cleanses or removes a previous breath sample from the
			 device and specifically removes residual alcohol.
(29) "Restart" means the ability to start the
			 vehicle's engine again within two minutes after the vehicle engine is turned
			 off (including stalling) without the delivery of another breath sample that is
			 at or below the alcohol set point.
(30) "Retest" means a breath sample required
			 by the device after the initial vehicle engine start-up breath sample and while
			 the vehicle is being operated.
(31)
			 "Service" means installing, inspecting, downloading, data transferring,
			 calibrating, or removing the device.
(32) "Supplemental Nutrition Assistance
			 Program" or "SNAP" means the program operated by United States Department of
			 Agriculture to provide low-income individuals and families with nutrition
			 assistance.
(33) "Tampering" means
			 an attempt to disable, circumvent, adjust, or otherwise alter the proper
			 operation of a device or camera. "Tampering" does not include disconnecting the
			 handset once the vehicle is turned off.
(34) "Vehicle" means any device in, upon or
			 by which any person or property is or may be transported or drawn upon a public
			 highway or premises open to the public and includes vehicles that are propelled
			 or powered by any means. Under ORS
			 801.365 and ORS
			 801.133,
			 motorcycles and autocycles are considered vehicles.
(35) "Weblog" means a program or web site
			 that consists of a series of entries arranged in chronological order, often
			 updated frequently with new information about the individual or individual's
			 ignition interlock device use.
Publications: Publications referenced are available from
				  OSP.
Statutory/Other Authority: ORS
				  813.600  & ORS
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680