Oklahoma Administrative Code
Title 40 - Board of Tests for Alcohol and Drug Influence
Chapter 50 - Ignition Interlock
Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians
Section 40:50-1-1.1 - Definitions
The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Alcohol" means Ethyl Alcohol, also called ethanol.
"Anti circumvention feature" means any feature or circuitry incorporated into the device that is designed to prevent activity that would cause the device not to operate as intended.
"Board" means the Administrative Offices of the Oklahoma Board of Tests for Alcohol and Drug Influence created by O.S. 47:759.
"Board en banc" means the sitting members of the Board as defined by O.S. 47:759 (A).
"Breath alcohol test" means the analysis of a person's expired alveolar breath to determine the alcohol concentration.
"Calibration" means the process of testing and adjusting a device to ensure accuracy.
"Camera" means a separate device to capture photos as required in this Chapter.
"Circumvention" means to bypass the correct operation of an interlock device by starting the vehicle, by any means, without first providing a breath alcohol test or providing a negative result confirmatory test.
"Confirmatory test" means a breathalcohol test required in response to a circumvention.
"Certification" means a status granted by the Board that permits a manufacturer to distribute a device in the state of Oklahoma.
"Data storage system" means a recording of all events monitored by the device.
"Director" means the position of the State Director of the Board as defined in O.A.C. 40:1-1-3.
"Fee" means a non-refundable administrative fee.
"Free restart" means a function of a device that will allow a vehicle to be restarted under the requirements in this title, without having to complete another breath alcohol test.
"Ignition interlock device" means a mechanism, which may include a camera, that prevents a vehicle from starting when the breath alcohol concentration of a breath alcohol test meets or exceeds the startup set point. Also referred to as "device".
"Installation Authority" means the Oklahoma agency or entity by statute or order requiring or authorizing installation of a device.
"Ignition Interlock Maintenance and Calibration Fee" means the fee collected from the participant, at the time of the performing calibration and maintenance as required by this title. This fee is to be remitted to the Board of Tests.
"License" means the permission granted by the Board to engage in specific activities of the ignition interlock program.
"Manufacturer" means the actual producer of the device.
"Manufacturer representative" means the individual designated by the manufacturer to act on behalf of or represent the manufacturer in all matters under the jurisdiction or consideration of the Board with respect to device certification.
"Monitor" means the agency, organization and/or person(s) designated by the Installation Authority to receive reports regarding ignition interlock program participants.
"Negative result" means a breath alcohol test result indicating the alcohol concentration is less than the specific point value for the purpose specified.
"Operable vehicle" means a motor vehicle with ability to drive forward under its own power and steer and can be legally driven on public roadways.
"Permanent lockout" means a condition wherein the device will not allow a breath alcohol test and therefore will not allow the vehicle to be started.
"Positive result" means a breath alcohol test result indicating the alcohol concentration meets or exceeds the specific point value for the purpose specified.
"Power violation" means failure to provide power to an Ignition Interlock device installed in a vehicle for a period of seventy-two (72) hours or more.
"Proper Record Maintenance" means the manufacturer's complete records on every participant for a period of five (5) years from the date of removal including, but not limited to, all data retrieved from the data storage system of a device. The Board, or its designee, shall have access to any and all records.
"Reciprocity" means the process by which the Board may defer to a foreign state's device standards and specifications when an interlock participant is required to meet an interlock requirement for more than one state simultaneously.
"Reference sample device" means any alcohol breath testing external control or device approved for use by the Board.
"Retest" means a breath alcohol test or tests required in accordance with O.A.C. 40:50-1-3(e).
"Retest violation" means failure to deliver a negative breath alcohol test result within the time frame prescribed by these rules.
"Startup set point" means an alcohol concentration at which, or above, the device would prevent the vehicle from starting.
"Startup test" means a breath alcohol test provided before the vehicle is started.
"Tampering" means any act or attempt to adjust, obscure, alter, interfere, disable, defeat or circumvent the installation or operation of the device and/or camera.
"Technical non-compliance" means the failure of the device to comply with one or more provisions of this title with regard to device performance that does not affect the device's ability to respond appropriately to a negative breath test or a breath alcohol test required by 40:50-1-3 -(c), (e), or (g), or the ability of the device to satisfy the requirements of 40:50-1-3(b)(1) or 40:50-1-3(f).
"Vendor" means a licensed ignition interlock technician designated by the Manufacturer representative of a certified device to act on behalf of or represent the manufacturer in all matters under the jurisdiction or consideration of the Board, excluding matters related to device certification.
Added at 27 Ok Reg 2667, eff 8-26-10
