PURPOSE: This rule defines the terms used in the breath alcohol ignition interlock device certification and operational requirements.

1. (1) Definitions.

   1. (A) The following words and terms as used in these requirements shall have the following meaning:

      1. 1. Alcohol retest setpoint—The breath

alcohol concentration at which the ignition interlock device is set to lock the ignition for the rolling retest;

1. 2. Alcohol setpoint—The breath alcohol

concentration at which the ignition interlock device is set to lock the ignition. The alcohol setpoint is the nominal lock point at which the ignition interlock device is set at the time of calibration;

1. 3. Alveolar air—Deep lung air or alveo-

lar breath, which is the last portion of a prolonged, uninterrupted exhalation;

1. 4. Authorized service provider—A per-

son, company, or authorized franchise who is certified by the state of Missouri to provide breath alcohol ignition interlock devices under sections 577.600–577.614, RSMo;

1. 5. Bogus breath sample—Any gas sam-

ple other than an unaltered, undiluted, and unfiltered alveolar air sample from a driver;

1. 6. Breath alcohol concentration (BAC)—

The number of grams of alcohol (% weight/volume) per two hundred ten (210) liters of breath;

1. 7. Breath alcohol ignition interlock

device (BAIID)—A mechanical unit that is installed in a vehicle which requires the taking of a BAC test prior to the starting of the vehicle and at periodic intervals after the engine has been started. If the unit detects a BAC test result below the alcohol setpoint, the unit will allow the vehicle’s ignition switch to start the engine. If the unit detects a BAC test result at or above the alcohol setpoint, the vehicle will be prohibited from starting;

1. 8. Breath sample—Expired human

breath containing primarily alveolar air;

1. 9. Calibration—The process which

ensures an accurate alcohol concentration reading on a device;

1. 10. Circumvention—An unauthorized,

intentional, or overt act or attempt to start, drive, or operate a vehicle equipped with a breath alcohol ignition interlock device without the driver of the vehicle providing a pure breath sample;

1. 11. Device—Breath alcohol ignition

interlock device (BAIID);

1. 12. Download—The transfer of informa-

tion from the interlock device’s memory onto disk or other electronic or digital transfer protocol;

1. 13. Emergency service—Unforeseen cir-

cumstances in the use and/or operation of a breath alcohol ignition interlock device, not covered by training or otherwise documented, which requires immediate action;

1. 14. Filtered breath sample—A breath

sample which has been filtered through a substance in an attempt to remove alcohol from the sample;

1. 15. Independent laboratory—A labora-

tory which is properly equipped and staffed to conduct laboratory tests on ignition interlock devices;

1. 16. Initial breath test—A breath test

required to start a vehicle to ensure that the driver’s BAC is below the alcohol setpoint;

1. 17. Installation—Mechanical placement

and electrical connection of a breath alcohol ignition interlock device in a vehicle by installers;

1. 18. Installer—A dealer, distributor, sup-

plier, individual, or service center who provides device calibration, installation, and other related activities as required by the authorized service provider;

1. 19. Lockout—The ability of the device

to prevent a vehicle’s engine from starting unless it is serviced or recalibrated;

1. 20. NHTSA—Federal agency known as

the National Highway Traffic Safety Administration;

1. 21. Operator—Any person who operates

a vehicle that has a court-ordered or Department of Revenue required breath alcohol ignition interlock device installed;

1. 22. Permanent lockout—A feature of a

device in which a vehicle will not start until the device is reset by a device installer;

1. 23. 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);

1. 24. Reinstallation—Replacing a breath

alcohol ignition interlock device in a vehicle by an installer after it has been removed for service;

1. 25. 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 rolling retest; 7 CSR 60-2

1. 26. Rolling retest—A subsequent breath

test that must be conducted five (5) minutes after starting the vehicle and randomly during each subsequent thirty (30)-minute time period thereafter while the vehicle is in operation;

1. 27. Service lockout—A feature of the

breath alcohol ignition interlock device which will not allow a breath test and will not allow the vehicle to start until the device is serviced and recalibrated as required;

1. 28. 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;

1. 29. Temporary lockout—A feature of the

device which will not allow the vehicle to start for fifteen (15) minutes after three (3) failed attempts to blow a pure breath sample; and

1. 30. Violations reset—A feature of a

device in which a service reminder is activated due to one (1) of the following reasons:

1. A. Two (2) fifteen (15)-minute tem-

porary lockouts within a thirty (30)-day period;

1. B. Any three (3) refusals to provide a

retest sample within a thirty (30)-day period; or

1. C. Any three (3) breath samples

above the alcohol setpoint within a thirty (30)-day period.

AUTHORITY: sections 577.600–577.614, RSMo 2000 and RSMo Supp. 2009 and section 226.130, RSMo 2000.* This rule originally filed as 11 CSR 60-2.010. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.010, effective Aug. 28, 2003. Emergency amendment filed May 7, 2009, effective July 1, 2009, expired Dec. 30, 2009. Amended: Filed May 7, 2009, effective Dec. 30, 2009. Emergency amendment filed April 8, 2010, effective April 18, 2010, expired Nov. 30, 2010. Amended: Filed April 8, 2010, effective Nov. 30, 2010. *Original authority: 577.600–577.614, see Missouri Revised Statutes and 226.130, RSMo 1939, amended 1993, 1995.