7 CSR 60-2.010 - [Effective until 6/30/2025] Definitions
(1)
Definitions.
(A) The following words and terms
as used in 7 CSR 60-2.010 through
7 CSR
60-2.060 have the following meaning:
1. Alcohol retest setpoint-The breath alcohol
concentration at which the ignition interlock device is set for the running
retest;
2. Alcohol setpoint-The
breath alcohol concentration at which the ignition interlock device prevents
the vehicle from starting;
3.
Alveolar air - Deep lung air or alveolar breath, which is the last portion of a
prolonged, uninterrupted exhalation;
4. Authorized service provider (ASP) - The
entity designated by the manufacturer to provide services to include but not be
limited to installation, monitoring, maintenance, and removal of the breath
alcohol ignition interlock device;
5. Bogus breath sample - Any sample other
than an unaltered, undiluted, and unfiltered alveolar air sample from a
driver;
6. Breath alcohol
concentration (BrAC) - The amount of alcohol in a given amount of breath,
expressed in weight per volume (% weight/volume) based on grams of alcohol per
two hundred ten (210) liters of breath;
7. Breath alcohol ignition interlock device
(BAIID) - A breath testing device, including all parts necessary for operation,
e.g., handset and camera, installed in a vehicle that prevents it from
operating if breath test results show a BrAC that meets or exceeds the alcohol
setpoint. The device also requires the driver to continue to pass repeated
breath tests while the vehicle is running to ensure that the driver remains
below the alcohol setpoint. However, the interlock device will not interfere
with the normal operation of the vehicle while it is in use;
8. Breath-Expired human breath containing
primarily alveolar air;
9.
Calibration-The process which ensures an accurate alcohol concentration reading
on a device;
10. Camera-A feature
of the device that incorporates photo identification or digital images of the
person who is providing the breath test;
11. Circumvention-To bypass the correct
operation of a BAIID by starting the vehicle by any means without first
providing a breath test;
12.
Commission-The Missouri Highways and Transportation Commission created by
article IV, section 29, Constitution of Missouri;
13. Department-The Missouri Department of
Transportation created by article IV, section 29, Constitution of
Missouri;
14. Designated monitoring
period-The period of time indicated by the Department of Revenue for required
monitoring of the driver's ignition interlock use by the
manufacturer;
15. Device-Breath
alcohol ignition interlock device;
16. Division-The Highway Safety and Traffic
Division under the department that is delegated the authority to administer the
provisions of 7 CSR 60-2.010 through
7 CSR
60-2.060;
17. Download-The transfer of information from
the interlock device's memory onto disk or other electronic or digital transfer
protocol;
18. Emergency
service-Unforeseen circumstances in the use and/or operation of a breath
alcohol ignition interlock device, not covered by training or otherwise
documented, which requires immediate action;
19. Filtered breath sample-A breath sample
which has been filtered through a substance in an attempt to remove alcohol
from the sample;
20. Global
positioning system (GPS)-A feature of the device that will log the location
(longitude and latitude), date, and time of each breath sample including any
refusal, any circumvention attempt, and any attempt to tamper with the ignition
interlock device;
21. Initial
breath test-A breath test required to start a vehicle to ensure that the
driver's BrAC is below the alcohol setpoint;
22. Installation-Mechanical placement and
electrical connection of a breath alcohol ignition interlock device in a
vehicle by a technician;
23.
ISO-International Organization for Standardization;
24. Lockout-A condition of the device which
prevents a vehicle's engine from starting unless it is serviced or
recalibrated;
25. Manufacturer-A
person or company responsible for the design, construction, and/or production
of a BAIID;
26. Mechanical override
code-Method of overriding the breath sample requirement during the mechanical
servicing of a vehicle by a mechanic utilizing a unique code provided by the
manufacturer;
27. Mobile service-A
portable operation of an authorized service provider, whether contained within
a vehicle or temporarily erected on location, which includes all personnel and
equipment necessary to conduct ignition interlock device related business and
services, separately and simultaneously with its parent fixed location service
centers. The mobile service center shall comply with all of the requirements
provided for an authorized service provider herein;
28. Operator-Any person who operates a
vehicle that has a court-ordered or Department of Revenue-required breath
alcohol ignition interlock device installed;
29. Override lockout code-Method of
overriding a lockout condition by providing a unique code;
30. Permanent lockout-A condition in which
the device will not accept a breath test until serviced by an ASP;
31. Pure breath sample-Expired human breath
containing primarily alveolar air and having a breath alcohol concentration
below the alcohol setpoint of twenty-five thousandths (.025);
32. Real-time reporting-The near real-time
transmission of ignition interlock data between the manufacturer's server and
the operator's ignition interlock while the device is in use;
33. Refusal-The failure of a driver to
provide a breath sample and complete the breath test when prompted by the
device;
34. Relative within second
degree of consanguinity or affinity-A spouse or domestic partner, parent,
step-parent, child, step-child, grandparent, step-grandparent, grandchild,
step-grandchild, brother, step-brother, sister, step-sister, mother-in-law,
father-in-law, grandparent-in-law, grandchildin-law, brother-in-law, or
sister-in-law;
35. Retest-Two (2)
additional chances to provide a breath sample below the alcohol setpoint when
the first sample failed; or three (3) chances to provide a breath alcohol
sample below the alcohol setpoint on the running retest;
36. Running retest-A subsequent breath test
that must be conducted within five (5) minutes after starting the vehicle and
randomly during each subsequent thirty- (30-) minute time period thereafter
while the vehicle is in operation;
37. Service lockout-A condition of the breath
alcohol ignition interlock device that occurs when the operator fails to have
the device serviced during a certain period of time and results in a permanent
lockout condition;
38. Start or
starting-To manipulate a vehicle's inputs or systems or to activate a motor,
thereby initiating the transition of a stationary vehicle into motor-powered,
driver-controlled motion;
39.
Tampering-An overt, purposeful attempt to physically alter or disable an
ignition interlock device, or disconnect it from its power source, or remove,
alter, or deface physical anti-tampering measures, so a driver can start the
vehicle without taking and passing an initial breath test and/or blocking,
moving, or disabling the camera, if required;
40. Technician-A person trained by the
authorized service provider to possess the skills necessary to install,
service, calibrate, and/or remove ignition interlock devices;
41. Temporary lockout-A condition in which
the device will not allow the vehicle to start for fifteen (15) minutes after
three (3) failed attempts to blow a pure breath sample within a ten (10) minute
period; and
42. Violations reset-A
feature of a device in which a service reminder is activated due to one (1) of
the following reasons:
A. Two (2) fifteen-
(15-) minute temporary lockouts within a thirty- (30-) day period;
B. Any three (3) running retest refusals
within a thirty-(30-) day period;
C. Any three (3) breath samples, after
startup, at or above the alcohol setpoint within a thirty- (30-) day
period;
D. Any attempts to
circumvent or tamper with a device; or
E. When a device is not serviced on its
service date.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Definitions.
(A) The following words and terms as used in 7 CSR 60-2.010 through 7 CSR 60-2.060 have the following meaning:
1. Alcohol retest setpoint-The breath alcohol concentration at which the ignition interlock device is set for the running retest;
2. Alcohol setpoint-The breath alcohol concentration at which the ignition interlock device prevents the vehicle from starting;
3. Alveolar air - Deep lung air or alveolar breath, which is the last portion of a prolonged, uninterrupted exhalation;
4. Authorized service provider (ASP) - The entity designated by the manufacturer to provide services to include but not be limited to installation, monitoring, maintenance, and removal of the breath alcohol ignition interlock device;
5. Bogus breath sample - Any sample other than an unaltered, undiluted, and unfiltered alveolar air sample from a driver;
6. Breath alcohol concentration (BrAC) - The amount of alcohol in a given amount of breath, expressed in weight per volume (% weight/volume) based on grams of alcohol per two hundred ten (210) liters of breath;
7. Breath alcohol ignition interlock device (BAIID) - A breath testing device, including all parts necessary for operation, e.g., handset and camera, installed in a vehicle that prevents it from operating if breath test results show a BrAC that meets or exceeds the alcohol setpoint. The device also requires the driver to continue to pass repeated breath tests while the vehicle is running to ensure that the driver remains below the alcohol setpoint. However, the interlock device will not interfere with the normal operation of the vehicle while it is in use;
8. Breath-Expired human breath containing primarily alveolar air;
9. Calibration-The process which ensures an accurate alcohol concentration reading on a device;
10. Camera-A feature of the device that incorporates photo identification or digital images of the person who is providing the breath test;
11. Circumvention-To bypass the correct operation of a BAIID by starting the vehicle by any means without first providing a breath test;
12. Commission-The Missouri Highways and Transportation Commission created by article IV, section 29, Constitution of Missouri;
13. Department-The Missouri Department of Transportation created by article IV, section 29, Constitution of Missouri;
14. Designated monitoring period-The period of time indicated by the Department of Revenue for required monitoring of the driver's ignition interlock use by the manufacturer;
15. Device-Breath alcohol ignition interlock device;
16. Division-The Highway Safety and Traffic Division under the department that is delegated the authority to administer the provisions of 7 CSR 60-2.010 through 7 CSR 60-2.060;
17. Download-The transfer of information from the interlock device's memory onto disk or other electronic or digital transfer protocol;
18. Emergency service-Unforeseen circumstances in the use and/or operation of a breath alcohol ignition interlock device, not covered by training or otherwise documented, which requires immediate action;
19. Filtered breath sample-A breath sample which has been filtered through a substance in an attempt to remove alcohol from the sample;
20. Global positioning system (GPS)-A feature of the device that will log the location (longitude and latitude), date, and time of each breath sample including any refusal, any circumvention attempt, and any attempt to tamper with the ignition interlock device;
21. Initial breath test-A breath test required to start a vehicle to ensure that the driver's BrAC is below the alcohol setpoint;
22. Installation-Mechanical placement and electrical connection of a breath alcohol ignition interlock device in a vehicle by a technician;
23. ISO-International Organization for Standardization;
24. Lockout-A condition of the device which prevents a vehicle's engine from starting unless it is serviced or recalibrated;
25. Manufacturer-A person or company responsible for the design, construction, and/or production of a BAIID;
26. Mechanical override code-Method of overriding the breath sample requirement during the mechanical servicing of a vehicle by a mechanic utilizing a unique code provided by the manufacturer;
27. Mobile service-A portable operation of an authorized service provider, whether contained within a vehicle or temporarily erected on location, which includes all personnel and equipment necessary to conduct ignition interlock device related business and services, separately and simultaneously with its parent fixed location service centers. The mobile service center shall comply with all of the requirements provided for an authorized service provider herein;
28. Operator-Any person who operates a vehicle that has a court-ordered or Department of Revenue-required breath alcohol ignition interlock device installed;
29. Override lockout code-Method of overriding a lockout condition by providing a unique code;
30. Permanent lockout-A condition in which the device will not accept a breath test until serviced by an ASP;
31. Pure breath sample-Expired human breath containing primarily alveolar air and having a breath alcohol concentration below the alcohol setpoint of twenty-five thousandths (.025);
32. Real-time reporting-The near real-time transmission of ignition interlock data between the manufacturer's server and the operator's ignition interlock while the device is in use;
33. Refusal-The failure of a driver to provide a breath sample and complete the breath test when prompted by the device;
34. Relative within second degree of consanguinity or affinity-A spouse or domestic partner, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, brother, step-brother, sister, step-sister, mother-in-law, father-in-law, grandparent-in-law, grandchildin-law, brother-in-law, or sister-in-law;
35. Retest-Two (2) additional chances to provide a breath sample below the alcohol setpoint when the first sample failed; or three (3) chances to provide a breath alcohol sample below the alcohol setpoint on the running retest;
36. Running retest-A subsequent breath test that must be conducted within five (5) minutes after starting the vehicle and randomly during each subsequent thirty- (30-) minute time period thereafter while the vehicle is in operation;
37. Service lockout-A condition of the breath alcohol ignition interlock device that occurs when the operator fails to have the device serviced during a certain period of time and results in a permanent lockout condition;
38. Start or starting-To manipulate a vehicle's inputs or systems or to activate a motor, thereby initiating the transition of a stationary vehicle into motor-powered, driver-controlled motion;
39. Tampering-An overt, purposeful attempt to physically alter or disable an ignition interlock device, or disconnect it from its power source, or remove, alter, or deface physical anti-tampering measures, so a driver can start the vehicle without taking and passing an initial breath test and/or blocking, moving, or disabling the camera, if required;
40. Technician-A person trained by the authorized service provider to possess the skills necessary to install, service, calibrate, and/or remove ignition interlock devices;
41. Temporary lockout-A condition in which the device will not allow the vehicle to start for fifteen (15) minutes after three (3) failed attempts to blow a pure breath sample within a ten (10) minute period; and
42. Violations reset-A feature of a device in which a service reminder is activated due to one (1) of the following reasons:
A. Two (2) fifteen- (15-) minute temporary lockouts within a thirty- (30-) day period;
B. Any three (3) running retest refusals within a thirty-(30-) day period;
C. Any three (3) breath samples, after startup, at or above the alcohol setpoint within a thirty- (30-) day period;
D. Any attempts to circumvent or tamper with a device; or
E. When a device is not serviced on its service date.