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. Breath alcohol concentration (BAC)—

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

1. 6. 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 above the alcohol setpoint, the vehicle will be prohibited from starting;

1. 7. Breath sample—Expired human

breath containing primarily alveolar air;

1. 8. Bypass—An unauthorized, intention-

al overt act or attempt to start, drive, or operate a vehicle equipped with a device, without the driver of the vehicle providing all required breath samples;

1. 9. Calibration—The process which

insures an accurate alcohol concentration reading on a device;

1. 10. De-installation—The removal of a

breath alcohol ignition interlock device from a vehicle by installers;

1. 11. Device—Breath alcohol ignition

interlock device (BAIID);

1. 12. Download—Copying information

from the interlock device’s memory onto disk or other 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. Independent laboratory—A labora-

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

1. 15. Installation—Mechanical placement

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

1. 16. 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. 17. Lockout—The ability of the device

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

1. 18. NHTSA—Federal agency known as

the National Highway Traffic Safety Administration;

1. 19. Operator—Any person who operates

a vehicle which has a court ordered breath alcohol ignition interlock device installed;

1. 20. Permanent lockout—A feature of a

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

1. 21. Pure breath sample—Expired human

breath containing primarily alveolar air and having a breath alcohol concentration below the alcohol setpoint of two-hundredths (.02);

1. 22. Reinstallation—Replacing a breath

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

1. 23. 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;

1. 24. 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. 25. Tampering—An unlawful act or

attempt to disable or circumvent the legal operation of the device;

1. 26. Temporary lockout—a feature of the

device which will not allow the vehicle to 7 CSR 60-2

start for fifteen (15) minutes after three (3) failed or aborted attempts to blow a pure breath sample; and

1. 27. Violations reset—A feature of a

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

1. A. Three (3) breath samples above the

alcohol retest setpoint; or

1. B. Any refusal to provide a retest

sample.

AUTHORITY: sections 577.600–577.614 and section 650.005, RSMo Supp 1995.* This rule originally filed as 11 CSR 60-2.010. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996, effective Aug. 30, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.010, effective Aug. 28, 2003. *Original authority: 577.600–577.614, RSMo 1995 and 650.005, RSMo 1973, amended 1985, 1989, 1993, 1995.