Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 60 - Highway Safety and Traffic Division
Chapter 2 - Breath Alcohol Ignition Interlock Device Certification and Operational Requirements
Section 7 CSR 60-2.010 - Definitions
Universal Citation: 7 MO Code of State Regs 60-2.010
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment adds a definition for the term "mechanical override code," changes the name of the definition term from "override lockout" to "override lockout code" and updates its descriptive language to say that it is a method to override a lockout condition by providing a unique code, and renumbers the definitions that appear after the term "mechanical override code" accordingly.
(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 operating;
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 con-sanguinity 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, grandchild-in-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. 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;
39. Technician-A
person trained by the authorized service provider to possess the skills
necessary to install, service, calibrate, and/or remove ignition interlock
devices;
40. 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;
41. 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.
*Original authority: 577.600-577.614, see Missouri Revised Statutes and 226.130, RSMo 1939, amended 1993, 1995.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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