Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 25.00 - Certification, installation, use and maintenance of ignition interlock devices
Section 25.03 - Definitions

Universal Citation: 540 MA Code of Regs 540.25
Current through Register 1531, September 27, 2024

Blood Alcohol Concentration (BAC). Percentage, by weight, of alcohol in a person's blood, as measured by a test of the person's breath or blood.

Circumvention. An overt, conscious attempt to bypass the Ignition Interlock Device by providing samples other than the natural unfiltered breath of the operator, or by starting the car without using the ignition switch, or any other act intended to allow the vehicle to start or continue to operate without the operator first taking and passing a breath test.

Failed Rolling Retest. A breath test taken by the operator of an IID-equipped vehicle while the vehicle is running that shows the operator has a BAC greater than.02.

Failed Start-up Test. A breath test taken by the operator of an IID-equipped vehicle prior to starting the vehicle's ignition, registering a BAC greater than.02.

Hardship License. Any driver's license or right to operate authorized by the Registrar or the Board during a period of license suspension or revocation that allows a person to drive for limited hours during the remaining period of revocation or suspension.

Ignition Interlock Device (IID). An alcohol sensing instrument mounted in an automobile and connected to the ignition system to prevent the vehicle from starting, unless the driver first provides a satisfactory deep lung air sample. The device analyzes the deep lung air sample to determine the BAC of the operator. If the measured BAC is above.02, the device prevents the vehicle from starting. Certified IIDs meet the requirements set out in 540 CMR 25.05.

Ignition Interlock Restriction. The limitation imposed by the Registrar on an individual's license or right to operate prohibiting operation of any motor vehicle in the Commonwealth without an Ignition Interlock Device, subject to the terms and conditions set out in M.G.L. c. 90, and 540 CMR 25.00.

Lockout. A multiple-step process resulting from an infraction of the Ignition Interlock Restrictions, including a period during which the operator cannot start the vehicle.

Missed Rolling Retest. Failure to take the Rolling Retest within the time period allotted by the IID. If the breath test is taken after the time period allotted and demonstrates a BAC greater than.02, it shall be deemed a Failed Rolling Retest.

Passed Test. A breath test taken by the operator of an IID-equipped vehicle prior to starting the ignition or while the vehicle is running that shows the operator's BAC is equal to or less than.02.

Registrar. The Registrar of Motor Vehicles for the Commonwealth of Massachusetts or his or her designee.

Rolling Retest. A breath test, administered at random intervals, taken by the operator of an IID-equipped vehicle while the vehicle is running.

Service Period. The time between Service Visits, which shall be at least 25 days, but not more than 30 days.

Service Provider. An entity approved by the Registrar that installs and services the operator's Ignition Interlock Device.

Service Visit. A required visit to the Service Provider by the operator to have the Ignition Interlock Device inspected, monitored or maintained. An initial Service Visit shall be conducted within 30 days of IID installation, and regularly thereafter in Service Periods of 25 - 30 days.

Start-up Test. A breath test taken by the operator of an IID-equipped vehicle to measure the operator's BAC prior to starting the vehicle's ignition.

Tamper. An overt, conscious attempt to physically disable or otherwise disconnect the Ignition Interlock Device from its power source and thereby allow a person to start the engine or continue to operate a motor vehicle without a Passed Test.

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