Kan. Admin. Regs. § 92-56-1 - Ignition interlock device; definitions
As used in this article, each of the following terms shall have the meaning specified in this regulation:
(a) "Device" means "ignition interlock
device," as defined in
K.S.A.
8-1013 and amendments thereto. This device
uses microcomputer logic and internal memory and has a breath alcohol analyzer
as a major component that interconnects with the ignition and other control
systems of a motor vehicle. This device measures the breath alcohol
concentration (BrAC) of an intended driver to prevent the motor vehicle from
being started if the BrAC exceeds a preset limit and to deter and record any
instances of circumvention or tampering.
(b) "Alcohol setpoint" means the breath
alcohol concentration at which the ignition interlock device is set to lock the
ignition. The alcohol setpoint is the normal lock-point at which the ignition
interlock device is set at the time of calibration. The alcohol setpoint shall
be .03. The alcohol setpoint for retests shall be .03.
(c) "BrAC" means the breath alcohol
concentration expressed as weight divided by volume, based upon grams of
alcohol per 210 liters of breath.
(d) "BrAC fail" means the condition in which
the ignition interlock device registers a BrAC value equal to or greater than
the alcohol setpoint when the intended driver conducts an initial test or
retest. This condition is recorded as a violation.
(e) "Breath sample" means the sample of
alveolar or end-expiratory breath that is analyzed for the analysis of alcohol
content after the expiration of at least 1.2 liters of air.
(f) "Circumvention" means an overt, conscious
attempt to bypass the ignition interlock device by any of the following:
(1) Providing samples other than the natural,
unfiltered breath of the driver;
(2) starting the vehicle without using the
ignition switch; or
(3) performing
any other act intended to start the vehicle without first taking and passing a
breath test.
(g)
"Director" means director of vehicles, division of vehicles of the department
of revenue.
(h) "Emergency bypass
procedure" means the procedure that allows the driver to travel to a service
provider and avoid a lockout. If used, the event shall be recorded in the event
log, and the device shall be put into early service status. The emergency
bypass procedure shall require the driver to provide a breath sample with a
test result below the alcohol setpoint.
(i) "Fail-safe" means a condition in which
the ignition interlock device cannot operate properly due to a problem,
including improper voltage and a dead sensor. In fail-safe, the ignition
interlock device will not permit the vehicle to be started.
(j) "Fixed site" means the building in which
a service provider operates. The building shall have a separate waiting room, a
bathroom, and a work area. The work area shall be accessible to only the
service provider and the service provider's employees while performing
services.
(k) "High BrAC" means a
BrAC fail result for an initial test or retest that registers an alcohol
setpoint of .08 or greater.
(l)
"Lockout" means an instance in which the ignition interlock device will prevent
the vehicle from starting. The vehicle cannot be operated until serviced by the
service provider. A lockout occurs if any of the following events occurs:
(1) A driver incurs five or more violations
between scheduled inspections with the service provider.
(2) A driver fails to submit to calibration
and inspection as required by
K.A.R.
92-56-4(b)(5), and the
seven-day grace period has expired.
(3) A driver engages in circumvention or
tampering.
(m)
"Manufacturer" means the person, company, or corporation that produces an
ignition interlock device and certifies to the division that the manufacturer's
representative and the manufacturer's service providers are qualified to
service and provide information on the manufacturer's state-approved ignition
interlock device. To be a manufacturer, the division shall approve and certify
the manufacturer's device for use in the state, and the approval and
certification shall remain in effect.
(n) "Manufacturer's representative" means a
single individual based in Kansas and designated by a manufacturer to act on
behalf of or represent the manufacturer in matters relating to this article and
K.S.A.
8-1001 et seq., and amendments
thereto.
(o) "Rolling retest" means
a breath test that is required after the initial engine start-up breath test
and while the engine is running. This term is also known as a retest or a
running retest. The device shall require the driver of the vehicle to submit to
a retest within 10 minutes of starting the vehicle. A rolling retest shall
continue at randomized, variable intervals ranging from 10 to 45 minutes after
the previous retest for the duration of the travel.
(p) "Service provider" means an ignition
interlock device technician that is authorized by a manufacturer to service a
certified device on behalf of the manufacturer or the manufacturer's
representative. The ignition interlock device technician shall have a written
agreement or authorization from a division-approved manufacturer or its
manufacturer's representative to service the manufacturer's devices within
Kansas.
(q) "Services" means the
installation, inspection, monitoring, calibration, maintenance, removal,
replacement, and repair of division-approved ignition interlock devices within
Kansas.
(r) "Tampering" means an
overt, conscious attempt to physically disable, bypass, adjust, or otherwise
disconnect an ignition interlock device from its power source.
(s) "Violation" means any of the following:
(1) The driver has blown a BrAC fail when
attempting to start the vehicle.
(2) The driver has blown a BrAC fail when
attempting a required rolling retest.
(3) The driver fails to execute a valid
rolling retest after a five-minute period.
(4) The driver fails to submit to a requested
rolling re-test by turning the vehicle off to avoid submitting to the rolling
retest.
(5) The driver has blown a
high BrAC during an initial breath test or rolling retest.
Notes
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