Cal. Code Regs. Tit. 13, § 125.00 - Definitions

As used in this article, the following definitions shall apply:

(a) "Ignition interlock device" is a device designed to allow a vehicle ignition switch to start the engine when the breath alcohol concentration test result is below the alcohol setpoint, while locking the ignition when the breath test results is at or above the alcohol setpoint.

(b) The "alcohol setpoint" is the breath alcohol concentration at which the ignition interlock device is set to lock the ignition. The alcohol setpoint is the nominal lockpoint at which the ignition interlock device is set at the time of calibration. The lockout setting shall be at 0.03 percent breath alcohol concentration.

(c) To "tamper" with an ignition interlock device, as used in Vehicle Code section 23575, means an overt, conscious attempt to alter, physically disable, or disconnect the ignition interlock device from its power source, and thereby allow a person with a breath alcohol concentration above the setpoint to start the engine. Examples of tampering with an ignition interlock device include, but are not limited to, the following:

(1) Altering the wiring of the vehicle which will allow the starting of the vehicle without blowing a passing test.

(2) Modifying the functionality of the breath unit.

(3) Altering, deleting, or modifying the electronic log.

(d) "Manufacturer" means any individual, partnership, or corporation engaged in the manufacturing or assembling of ignition interlock devices.

(e) An "authorized installer" is a designee of the manufacturer who is responsible for ensuring that the manufacturer's ignition interlock devices are properly installed, calibrated, serviced, and monitored; and is responsible for the completion of all required forms, and maintenance of all files.

(f) "Participant file" is a tangible file used to retain and maintain all records and documents directly associated with, but not limited to, the installation, calibration, servicing, monitoring and removal of the ignition interlock device(s) related to a program participant.

(g) "Electronic log" is a record of the vehicle use and interlock test results recorded by an ignition interlock device and shall mean the same as "interlock data logger" as contained in the federal model specifications for breath alcohol ignition interlock devices published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 26849-26867.

(h) "Hardcopy" shall mean a legible, printed copy.

(i) "Pause of Restriction" means that expiration of the required term of restriction specified in Vehicle Code section 23700(a)(7)(A) is temporarily stopped when the department is notified that the participant has failed to maintain the device pursuant to Vehicle Code section 23575 and 23700(a)(5).

(j) "Reset of Restriction" means the remainder of the original restriction term required pursuant to Vehicle Code section 23700(a)(7)(A) is re-imposed when the participant provides the department with the Verification of Installation, form DL 920.

Notes

Cal. Code Regs. Tit. 13, § 125.00

1. Renumbering of former article 2.4 to new article 2.55 (sections 125.00-125.22) and new section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. New subsections (a), (b), (e)-(i) and subsection relettering filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (c), new subsections (j)-(m) and amendment of NOTE filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
4. Amendment of subsections (c), (h) and (m) filed 7-29-2015; operative 10-1-2015 (Register 2015, No. 31).
5. Repealer of subsections (c), (j) and (k), subsection relettering, amendment of newly designated subsection (i) and amendment of NOTE filed 5-30-2018; operative 7-1-2018 (Register 2018, No. 22).
6. Amendment of subsection (j) filed 5-21-2019; operative 5-21-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 21).

Note: Authority cited: Sections 1651, 23575 and 23700, Vehicle Code. Reference: Section 23700, Vehicle Code.

1. Renumbering of former article 2.4 to new article 2.55 (sections 125.00-125.22) and new section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. New subsections (a), (b), (e)-(i) and subsection relettering filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (c), new subsections (j)-(m) and amendment of Note filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4(Register 2010, No. 30).
4. Amendment of subsections (c), (h) and (m) filed 7-29-2015; operative 10/1/2015 (Register 2015, No. 31).
5. Repealer of subsections (c), (j) and (k), subsection relettering, amendment of newly designated subsection (i) and amendment of Note filed 5-30-2018; operative 7/1/2018 (Register 2018, No. 22).
6. Amendment of subsection (j) filed 5-21-2019; operative 5/21/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 21).