Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 15 - Safety and Emissions › Part 9 - Rules and Regulations Governing the Certification and Use of Ignition Interlock Systems › Section 280-RICR-30-15-9.3 - Definitions

Current through June 14, 2024
A. The following words used in these Rules
				 and Regulations shall have the following meaning:
1. "Blood alcohol concentration" or "Breath
				 alcohol concentration" or "BAC" or "BrAC" means the percentage, by weight, of
				 alcohol in a person's blood, as measured by a test of the person's breath or
				 blood.
2. "Circumvention" means an
				 overt, conscious attempt to bypass the Ignition Interlock Device by providing
				 samples other than the natural unfiltered breath of the operator, or by
				 starting the car without using the ignition switch, or any other act intended
				 to allow the vehicle to start or continue to operate without the operator first
				 taking and passing a breath test.
3. "Conditional hardship license" means any
				 driver's license or right to operate authorized by the court or traffic
				 tribunal during a period of license suspension that allows a person to drive
				 for limited hours during the suspension period as set forth in R.I. Gen. Laws
				 §
											31-27-2.8(b)(7).
4. "Department" means the State of Rhode
				 Island Department of Revenue, or any successor Department.
5. "Director" means the Director of the
				 Department of Revenue, or any successor Department.
6. "Division" or "DMV" means the Division of
				 Motor Vehicles
7. "Failed rolling
				 re-test" means a breath test taken by the operator of an IID-equipped vehicle
				 while the vehicle is running that shows the operator has a BAC/BrAC greater
				 than .025.
8. "Failed start-up
				 test" means a breath test taken by the operator of an IID-equipped vehicle
				 prior to starting the vehicle's ignition, registering a BAC/BrAC greater than
				 .025.
9. "High BrAC test" means a
				 breath test taken by the operator of an IID equipped vehicle that results in a
				 BAC/BrAC greater than .05.
10.
				 "Ignition interlock device" or "IID" means an alcohol sensing instrument
				 mounted in an automobile and connected to the ignition system to prevent the
				 vehicle from starting unless the driver first provides a satisfactory deep lung
				 air sample. The device analyzes the deep lung air sample to determine the BAC
				 of the operator. If the measured BAC/BrAC is above . 025, the device prevents
				 the vehicle from starting.
11.
				 "Ignition interlock restriction" means the limitation imposed by the court,
				 traffic tribunal or Division of Motor Vehicles on an individual's license or
				 right to operate prohibiting operation of any motor vehicle without an Ignition
				 Interlock Device. This appears as a "U" restriction on the motorist's
				 record.
12. "Lockout" means a
				 multiple-step process resulting from a violation set forth in §
											9.7(A)     of
				 this Part including a period during which the operator cannot start the
				 vehicle.
13. "Missed rolling
				 re-test" means a failure to take the Rolling Re-test within the time period
				 allotted by the IID. If the breath test is taken after the time period allotted
				 and demonstrates a BAC/BrAC greater than .025, it shall be deemed a Failed
				 Rolling Re-test.
14. "Operator"
				 means any person who drives or is in actual physical control of a motor vehicle
				 upon a highway or who is exercising control over or steering a vehicle being
				 towed by a motor vehicle.
15.
				 "Passed test" means a breath test taken by the operator of an IID-equipped
				 vehicle prior to starting the ignition or while the vehicle is running that
				 shows the operator's BAC/BrAC is equal to or less than .025.
16. "Rolling re-test" means a breath test,
				 administered at random intervals, taken by the operator of an IID equipped
				 vehicle while the vehicle is running.
17. "Service period" means the time between
				 Service Visits, which shall be at least twenty-five (25) days but not more than
				 thirty (30) days.
18. "Service
				 provider" or "Provider" means an entity approved by the DMV that installs,
				 monitors, services and removes the operator's Ignition Interlock
				 Device.
19. "Service visit" means a
				 required visit to the Service Provider by the operator to have the Ignition
				 Interlock Device inspected, monitored or maintained. An initial Service Visit
				 shall be conducted within thirty (30) days of IID installation, and regularly
				 thereafter in Service Periods of twenty-five (25) to thirty (30)
				 days.
20. "Start-up test" means a
				 breath test taken by the operator of an IID-equipped vehicle to measure the
				 operator's BAC/BrAC prior to starting the vehicle's ignition.
21. "Tamper" means an overt, conscious
				 attempt to physically disable or otherwise disconnect the Ignition Interlock
				 Device from its power source and thereby allow a person to start the engine or
				 continue to operate a motor vehicle without a Passed Test.