Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 15 - Safety and Emissions
Part 9 - Rules and Regulations Governing the Certification and Use of Ignition Interlock Systems
Section 280-RICR-30-15-9.3 - Definitions
Universal Citation: 280 RI Code of Rules 30 15 9.3
Current through September 18, 2024
A. The following words used in these Rules and Regulations shall have the following meaning:
1. "Blood alcohol concentration" or "Breath
alcohol concentration" or "BAC" or "BrAC" means the percentage, by weight, of
alcohol in a person's blood, as measured by a test of the person's breath or
blood.
2. "Circumvention" means 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.
3. "Conditional hardship license" means any
driver's license or right to operate authorized by the court or traffic
tribunal during a period of license suspension that allows a person to drive
for limited hours during the suspension period as set forth in R.I. Gen. Laws
§
31-27-2.8(b)(7).
4. "Department" means the State of Rhode
Island Department of Revenue, or any successor Department.
5. "Director" means the Director of the
Department of Revenue, or any successor Department.
6. "Division" or "DMV" means the Division of
Motor Vehicles
7. "Failed rolling
re-test" means a breath test taken by the operator of an IID-equipped vehicle
while the vehicle is running that shows the operator has a BAC/BrAC greater
than .025.
8. "Failed start-up
test" means a breath test taken by the operator of an IID-equipped vehicle
prior to starting the vehicle's ignition, registering a BAC/BrAC greater than
.025.
9. "High BrAC test" means a
breath test taken by the operator of an IID equipped vehicle that results in a
BAC/BrAC greater than .05.
10.
"Ignition interlock device" or "IID" means 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/BrAC is above . 025, the device prevents
the vehicle from starting.
11.
"Ignition interlock restriction" means the limitation imposed by the court,
traffic tribunal or Division of Motor Vehicles on an individual's license or
right to operate prohibiting operation of any motor vehicle without an Ignition
Interlock Device. This appears as a "U" restriction on the motorist's
record.
12. "Lockout" means a
multiple-step process resulting from a violation set forth in §
9.7(A) of
this Part including a period during which the operator cannot start the
vehicle.
13. "Missed rolling
re-test" means a failure to take the Rolling Re-test within the time period
allotted by the IID. If the breath test is taken after the time period allotted
and demonstrates a BAC/BrAC greater than .025, it shall be deemed a Failed
Rolling Re-test.
14. "Operator"
means any person who drives or is in actual physical control of a motor vehicle
upon a highway or who is exercising control over or steering a vehicle being
towed by a motor vehicle.
15.
"Passed test" means 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/BrAC is equal to or less than .025.
16. "Rolling re-test" means a breath test,
administered at random intervals, taken by the operator of an IID equipped
vehicle while the vehicle is running.
17. "Service period" means the time between
Service Visits, which shall be at least twenty-five (25) days but not more than
thirty (30) days.
18. "Service
provider" or "Provider" means an entity approved by the DMV that installs,
monitors, services and removes the operator's Ignition Interlock
Device.
19. "Service visit" means 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 thirty (30) days of IID installation, and regularly
thereafter in Service Periods of twenty-five (25) to thirty (30)
days.
20. "Start-up test" means a
breath test taken by the operator of an IID-equipped vehicle to measure the
operator's BAC/BrAC prior to starting the vehicle's ignition.
21. "Tamper" means 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.
Disclaimer: These regulations may not be the most recent version. Rhode Island 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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