(A) "Days" means
calendar day.
(B) "Department"
means the department of public safety.
(C) "Director" means the director of the
department of public safety or a designee.
(D) "Director of Health" means the director
of the department of health or a designee.
(E)
"Disqualifying
offense" means a conviction, judicial finding of guilt, or a plea of guilty to
a criminal offense listed in paragraph (C)(10) of rule
4501-45-05 of the Administrative
Code. This includes a conviction or plea of guilty to attempt, conspiracy, or
complicity related to these offenses.
(F)
"Failed retest"
means a retest or rolling retest in which an ignition interlock device has
determined that the offender's deep-lung breath sample indicates the presence
of alcohol in the offender's breath in a concentration that would have been
sufficient to prevent the ignition interlock device from allowing the motor
vehicle to be started.
(E)(G) "Ignition interlock
device" means a device approved by the director of public safety that connects
a breath analyzer to a motor vehicle's ignition system, that is constantly
available to monitor the concentration
by
weight of alcohol in
the breath of
any
a
person
person's breath in
grams of alcohol per two hundred ten liters attempting to start the motor
vehicle by using its ignition system, and that
deters
prevents
starting the motor vehicle by use of its ignition system unless the person
attempting to start the vehicle provides an appropriate breath sample for the
device and the device determines that the concentration by weight of alcohol in
the person's breath is below
a
the
preset
set point
level
listed in paragraph
(D)(1)(a)(iii) of rule
4501-45-04 of the Administrative
Code.
(F)(H) "Ignition interlock
device violation" means that a certified ignition interlock device indicates
that it has prevented an offender from starting a motor vehicle because of
either of the following:
(1) The device was
tampered with or circumvented;
(2)
The analysis of the deep-lung breath sample or other method employed by the
ignition interlock device to measure the concentration by weight of alcohol in
the offender's breath indicated the presence of alcohol in the offender's
breath in a concentration sufficient to prevent the ignition interlock device
from permitting the motor vehicle to be started.
(I)
"Ignition System"
includes the starting system of a combustion engine, electric motor, or hybrid
power unit.
(G)(J) "Immobilizing or
disabling device" means a device approved by the director of public safety that
may be ordered by a court to be used by an offender as a condition of limited
driving privileges. "Immobilizing or disabling device" includes an ignition
interlock device, and any prototype device
that is used according to protocols designed to ensure efficient and effective
monitoring of limited driving privileges granted by a court to an offender.
This includes an ignition blocking device initiated by
time or magnetic or electronic encoding, an activity monitor, or any other
device that reasonably ensures compliance with an order granting limited
driving privileges.
(H)(K) "Installer" A
natural person or business entity who is approved by the manufacturer to
install an ignition interlock device or other immobilizing or disabling device
on an offender's vehicle on behalf of the manufacturer.
(I)(L)
"Independent testing laboratory" means a testing laboratory not affiliated with
a manufacturer of immobilizing or disabling devices including, but not limited
to ignition interlock devices, that is qualified to test such devices or
reference samples, and is accredited to the ISO 17025 laboratory management
standard listed in paragraph (A) of rule
4501-45-11 of the Administrative
Code.
(J)(M) "Manufacturer"
means any natural person, firm, partnership, association, corporation, or other
business entity, engaged in the manufacturing or assembling of an immobilizing
or disabling device, including an ignition interlock device.
(K)(N)
"Offender" means a person who has been granted limited or unlimited driving
privileges by a court of this state subject to the condition that the person
operate only a vehicle with a certified ignition interlock device under section
4510.021,
4510.022, or
4510.13 of the Revised
Code.
(O)
"Offense" for the purposes of this rule means an offense as
listed in sections of the Revised Code as listed in this rule and includes any
municipal ordinance, law of this state, any other state or the United States
that is substantially equivalent to any section or offense listed in paragraph
(C)(10) of rule
4501-45-05 of the Administrative
Code.
(P)
"Passing sample" means a deep-lung breath sample that
an ignition interlock device determines to be at or below twenty-five
thousandths per cent breath alcohol concentration with respect to drivers under
the age of twenty-one years old.
(L)(Q) "Prototype device"
means an alcohol testing device, not certified by the director, that a court
uses in a pilot program to monitor limited driving privileges granted to a
person.
(M)(R) "Purchaser"
includes, but is not limited to a natural person, a corporation, a partnership,
a limited liability company, an association, or any other entity comprised of
two or more persons having a joint or common interest, that leases, buys, or
otherwise uses a licensed manufacturer's ignition interlock device(s) in this
state.
(N)(S) "Rolling retest"
"Retest" or "random retest" is a notification from the
ignition interlock device that requires the offender to submit to a breath test
after the motor vehicle has been started.
(T)
"Set point" means
the concentration of breath alcohol to which an ignition interlock device is
set to prevent a vehicle from starting.
(O)(U) "Sales" means all
monetary profit a licensed manufacturer of an ignition interlock device earned
from, or which is attributed to, the lease, sale, or use of each of its
certified device(s) to purchasers in this state during the twelve month period
the manufacturer's license was in effect.
