Mich. Admin. Code R. 257.301a - Definitions

Rule 1a. As used in these rules:

(a) "BAIID" means a properly functioning breath alcohol ignition interlock device that meets or exceeds the requirements of section 625k of the act.

(b) "Calibrate" means to test and adjust a BAIID so that it accurately measures breath alcohol concentration.

(c) "Circumvent" means to do, or attempt to do, any of the following to start a vehicle without taking and passing a start-up test:

(i) Use a bogus or filtered breath sample.

(ii) Use an electronic bypass or override mechanism to start a vehicle.

(iii) Push start or hot wire a vehicle.

(iv) Use any other method to bypass or override the BAIID to start a vehicle.

(d) "Major violation" means any of the following during a monitoring period if the BAIID is a requirement of a restricted license issued under section 322(6) of the act:

(i) A rolling retest violation.

(ii) The petitioner is issued a permit under section 625g of the act.

(iii) The petitioner is convicted of violating section 625l of the act.

(iv) Servicing of the BAIID indicates that the BAIID has been tampered with or circumvented or that there was an attempt to tamper with or circumvent the BAIID.

(v) Three minor violations.

(vi) A BAIID is removed from a vehicle without an order from the department authorizing removal of the BAIID. This subparagraph does not apply if a BAIID is installed within 7 days after removal in any vehicle owned or operated by a petitioner whose license is restricted.

(vii) Operating any motor vehicle without a properly installed and functioning BAIID.

(e) "Minor violation" means either of the following during a monitoring period if the BAIID is a requirement of a restricted license issued under section 322(6) of the act:

(i) After the BAIID has been installed for at least 2 months, 3 start-up test failures.

(ii) The petitioner fails to report to the BAIID manufacturer, installer, or service provider for monitoring within 7 days after his or her scheduled service date.

(f) "Monitoring period" means any period a BAIID is installed in a vehicle or is required by any of the following:

(i) The act.

(ii) A hearing officer.

(iii) Any extensions imposed by the department under the act or these rules.

(g) "Rolling retest violation" means either of the following:

(i) The BAIID has detected, while the vehicle is in operation, an alcohol content identified in section 625k(5)(a)(iii)(B)(II) of the act. This subparagraph does not apply if, within 5 minutes of that detection, the person delivers a breath sample that the BAIID analyzes as having an alcohol content of less than 0.025 grams per 210 liters of breath.

(ii) The person fails to take a rolling retest when prompted to do so by the BAIID.

(h) "Service" means all of the following:

(i) Calibrate a BAIID.

(ii) Maintain a BAIID.

(iii) Download data from a BAIID.

(iv) Inspect a BAIID for evidence of tampering or circumventing.

(v) Invalidate any override for the BAIID previously provided by the manufacturer, installer, or service provider to the driver or on behalf of the driver.

(i) "Start-up test" means a breath test required to start a vehicle to ensure that the driver's breath alcohol content is below the maximum allowable level before the BAIID will allow a driver to start a vehicle.

(j) "Start-up test failure" means the BAIID has prevented the motor vehicle from being started after a start-up test. This subdivision does not apply if a passing test is provided within 15 minutes of the initial start-up test. Multiple unsuccessful attempts at 1 time to start the vehicle shall be treated as 1 start-up test failure under this subdivision. Unsuccessful attempts 1 hour or more apart shall be treated as separate start-up test failures under this subdivision.

(k) "Tamper" means to do, or attempt to do, any of the following without authorization from the manufacturer, installer, or service provider and the department so that a driver can start the vehicle without taking and passing a start-up test:

(i) Physically alter or disable a BAIID.

(ii) Disconnect a BAIID from its power source.

(iii) Remove, alter, or deface physical anti-tampering measures on the BAIID.

Notes

Mich. Admin. Code R. 257.301a

2011 AACS