Section 140IAC1-8-0.5. Purpose and definitions

  5. (a) The purpose of this rule is to establish standards and specifications for certification, installation, use, repair, and removal of ignition interlock breath alcohol devices.

  (b) The following definitions shall apply throughout this rule:

(1) "Alcohol" means the generic class of organic compounds known as alcohols and specifically the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be specifically for ethyl alcohol.

(2) "Authorized service provider" or "ASP" means the person or company meeting all qualifications outlined throughout this rule and approved and trained by the manufacturer to service, install, monitor, calibrate, and provide information on manufacturer's devices used in Indiana.

(3) "Bogus sample" means any air sample that is altered, diluted, stored, or is filtered human breath, or which is obtained from a device such as, but not limited to, an air compressor, hot air dryer, balloon, or manual air pump, and is provided by an individual attempting to start or continue to operate a vehicle equipped with an IID.

(4) "Breath or blood alcohol concentration" or "BAC" means the amount of alcohol in a person's breath sample submitted to an IID, which shall be measured by grams of alcohol per:

(A) one hundred (100) milliliters of blood; or

(B) two hundred ten (210) liters of breath.

(5) "Circumvention" means the attempted or successful bypass of the proper functioning of an IID, including, but not limited to, the operation of a vehicle without a properly functioning IID, the push start of a vehicle equipped with an IID, disconnection or alteration of the IID, the introduction of a bogus sample other than a deep-lung sample from the driver of the vehicle, introduction of an intentionally contaminated or altered breath sample, continued operation of the interlock vehicle after the IID detects a fail level of breath alcohol.

(6) "Fail level" means a BAC that meets or exceeds .02 or a lower level set by the originating court.

(7) "Ignition interlock device" or "IID" has the meaning set forth in IC 9-13-2-76.

(8) "Lessee" means a person who has entered into an agreement with a manufacturer or ASP to lease an IID.

(9) "Manufacturer" means the person, company, or corporation producing IIDs, and certifies service providers who are qualified to service, install, monitor, calibrate, and provide information on IIDs.

(10) "Originating court" means the Indiana court that issued the order that requires an individual to operate only vehicles equipped with IIDs.

(11) "Restricted operator" means a person whose driving privileges are restricted to operating only motor vehicles equipped with an approved, functioning IID.

(12) "Tampering" means any act or attempt to disable or circumvent the legal operation of an IID.

(13) "Violation reset" means the condition caused by the failure of the operator of a vehicle to perform a test or retest as required, or by the operator's inability to achieve such test or retest results at the lower of the maximum allowable alcohol concentration as set by the originating court or .02 BAC, the IID and the vehicle in which it is installed must be returned to the IID manufacturer or ASP to be reset.

(Bureau of Motor Vehicles; 140 IAC 1-8-0.5; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA)