Or. Admin. Code § 257-100-0005 - Definitions
As used in OAR 257-100-0005 to 257-100-0080, in addition to the terms defined in ORS 813.599, the following terms apply:
(1) "Alcohol" means ethanol or ethyl
alcohol.
(2) "Alcohol set point"
means a breath alcohol concentration of 0.020%.
(3) "Breath Alcohol Concentration (BrAC)"
means the amount of alcohol in the blood of the individual as shown by chemical
analysis of the breath.
(4) "Breath
sample" means normal expired human breath primarily containing alveolar air and
provided in such a manner to be acceptable for analysis by the interlock
device.
(5) "Calibration" means the
process of testing and adjusting a device to ensure accuracy by using dry gas
standard that is approved to be listed on the NHTSA Conforming Products List of
Calibrating Units for Breath Alcohol Testers.
(6) "Circumvention" means to bypass the
correct operation of a device by starting or operating the vehicle, by any
means, without first providing a breath test.
(7) "Critical Disqualifying Factor" means a
mandatory minimum requirement for program qualification required by Oregon
Administrative Rule Chapter 257, Division 100 or Oregon Revised Statute, which
if not met, may result in serious risk of harm or injury to the public's health
or safety.
(8) "Demonstration" or
"Demo" Device means a readily accessible powered device, programmed to
mandatory minimum requirement for program qualification, allowing an individual
customer or OSP to use prior to a device installation.
(9) "Disqualifying Factor" means a mandatory
minimum requirement for program qualification required by Oregon Administrative
Rule Chapter 257, Division 100 or Oregon Revised Statute, which is not a
"critical disqualifying factor."
(10) "DMV" means the Oregon Driver and Motor
Vehicles Services.
(11) "Early
Recall" means response of the device due to an action of the individual, which
requires calibration of the device and downloading of the data
memory.
(12) "Follow-up test" means
a breath sample required by the device after a test result that is above the
alcohol set point.
(13) "Ignition
Interlock Device" or "IID" or "device" means a device that is designed to allow
a driver to start or operate a vehicle if the driver's BrAC is at or below the
alcohol set point and to prevent the driver from starting or operating the
vehicle if the driver's BrAC is above the alcohol set point. The associated
camera is considered part of the device.
(14) "Indigence Standards" means a
determination of indigence based on household income adopted by the United
States Department of Agriculture for the SNAP (Supplemental Nutrition
Assistance Program).
(15)
"Individual" or "Individual Customer" means a single person required to have a
device installed due to an Oregon Driving Under the Influence of Intoxicants
conviction or diversion agreement.
(16) "Initial Test" means a breath test
provided before the vehicle is started.
(17) "Lockout" means a condition when the
device will not accept a breath test until the device is serviced or unlocked
as permitted in OAR 257-100-0055.
(18) "Manufacturer" means an organization
responsible for the design, construction, production and repair of a
device.
(19) "Manufacturer's
Representative" means the only company or corporation registered as a business
with the Oregon Secretary of State that is designated by a manufacturer to
sell, rent, or lease a specific device model in the State of Oregon and provide
statewide device service through the operation of a network of service
centers.
(20) "Manufacturer's
Representative Liaison" means any person who is employed by the manufacturer or
manufacturer's representative who facilitates communications, provides
information, and reports customer activities to the Oregon Department of State
Police.
(21) "Mobile Service" or
"Mobile Service Center" means a vehicle operated by a certified service center
allowing their ignition interlock technician to service approved ignition
interlock devices at a location other than the fixed site service center.
(22) "NHTSA" means the National
Highway Traffic Safety Administration.
(23) "ODOT" means the Oregon Department of
Transportation
(24) "Operational"
means an interlock device that is installed in a vehicle, ready for use, and is
not currently in lockout.
(25)
"OSP" means the Oregon Department of State Police.
(26) Oregon Device Configuration or "ODC"
Test means the testing procedure used by OSP to ensure a device meets the
mandatory minimum requirements for program qualification as described in Oregon
Administrative Rule Chapter 257, Division 100 and Oregon Revised
Statute.
(27) "Proper Record
Maintenance" means the manufacturer's representative complete records on each
individual for a period of five years after the date of the device removal
including, but not limited to, all data retrieved from the data storage system
of a device.
(28) "Purge" means any
action by which a device cleanses or removes a previous breath sample from the
device and specifically removes residual alcohol.
(29) "Restart" means the ability to start the
vehicle's engine again within two minutes after the vehicle engine is turned
off (including stalling) without the delivery of another breath sample that is
at or below the alcohol set point.
(30) "Retest" means a breath sample required
by the device after the initial vehicle engine start-up breath sample and while
the vehicle is being operated.
(31)
"Service" means installing, inspecting, downloading, data transferring,
calibrating, or removing the device.
(32) "Supplemental Nutrition Assistance
Program" or "SNAP" means the program operated by United States Department of
Agriculture to provide low-income individuals and families with nutrition
assistance.
(33) "Tampering" means
an attempt to disable, circumvent, adjust, or otherwise alter the proper
operation of a device or camera. "Tampering" does not include disconnecting the
handset once the vehicle is turned off.
(34) "Vehicle" means any device in, upon or
by which any person or property is or may be transported or drawn upon a public
highway or premises open to the public and includes vehicles that are propelled
or powered by any means. Under ORS 801.365 and ORS 801.133, motorcycles and
autocycles are considered vehicles.
(35) "Weblog" means a program or web site
that consists of a series of entries arranged in chronological order, often
updated frequently with new information about the individual or individual's
ignition interlock device use.
Notes
Publications: Publications referenced are available from OSP.
Statutory/Other Authority: ORS 813.600 & ORS 813.660
Statutes/Other Implemented: ORS 813.599 - 813.680
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