Conn. Agencies Regs. § 14-227a-12a

Current through October 16, 2024

Section 14-227a-12a - Definitions

As used in sections 14-227a-11 a to 14-227a-28a, inclusive, of the Regulations of Connecticut State Agencies:

(1) "Alcohol set point" or "start-up set point" means the blood alcohol content, established pursuant to subsection (a) of section 14-227j of the Connecticut General Statutes, at or above which the device shall prevent the motor vehicle in which it is installed from starting;

(2) "Applicant" means a manufacturer or vendor, or its authorized representative, who is seeking the Department's approval of an ignition interlock device;

(3) "Approved applicant" means a manufacturer or vendor, or its authorized representative, who has obtained approval of an IID by the commissioner in accordance with section 14-227a-14 a of the Regulations of Connecticut State Agencies;

(4) "Blood alcohol content" or "BAC" means the grams of ethyl alcohol per one hundred (100) milliliters of blood expressed as percentage, or grams of alcohol per 210 liters of breath;

(5) "Circumvent" means an overt attempt to bypass the ignition interlock device by providing samples other than the natural unfiltered breath of the operator, or by starting the vehicle 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;

(6) "Commissioner" means the Commissioner of Motor Vehicles;

(7) "CSSD" means the Court Support Services Division of the Judicial Branch of the State of Connecticut;

(8) "Department" means the Department of Motor Vehicles;

(9) "Device" means an ignition interlock device or breath alcohol ignition interlock device;

(10) "Failed rolling re-test" means a breath test taken by the operator of a motor vehicle equipped with an ignition interlock device while the vehicle is running that shows the operator has a BAC at or above the alcohol set point;

(11) "Failed start up test" means a breath test taken by the operator of a motor vehicle equipped with an ignition interlock device prior to starting the vehicle's ignition which registers a BAC at or above the alcohol set point, and which prevents the vehicle from starting;

(12) "Ignition interlock device", also known as "IID" or "breath alcohol ignition interlock device", has the same meaning as provided in subsection (a) of section 14-227j of the Connecticut General Statutes;

(13) "Independent testing laboratory" means a testing laboratory or analytical chemist not affiliated with a manufacturer of ignition interlock devices that is qualified to test ignition interlock devices or reference samples;

(14) "Installer" means a manufacturer's or vendor's representative who is authorized to install, inspect, calibrate, maintain and remove an ignition interlock device;

(15) "Manufacturer" means any person who engages in the manufacturing or assembling of ignition interlock devices;

(16) "Model specifications" means the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID) of the National Highway Traffic Safety Administration, published in 78 Federal Register 26849, or any amendment thereto;

(17) "Operating Privilege" means the nonresident motor vehicle operating privilege granted to a licensed resident of another state, province or country under section 14-39 of the Connecticut General Statutes;

(18) "Operator" has the same meaning as provided in section 14-1 of the Connecticut General Statutes;

(19) "Owner" has the same meaning as provided in section 14-1 of the Connecticut General Statutes, and includes a lessee of a motor vehicle;

(20) "Purge" means the process whereby a device cleanses or removes a previous breath test sample from the device and specifically removes residual alcohol;

(21) "Rolling re-test" means a breath test required within randomly variable intervals while an operator is driving a motor vehicle equipped with an IID to ensure that the operator's BAC remains below the alcohol set point;

(22) "Security" means the protection and safeguards incorporated into ignition interlock devices to ensure proper performance and to ensure against failure caused either by inherent defects or human tampering that causes the device not to operate as designed;

(23) "Service center" means a physical location in Connecticut where IIDs are installed, inspected, monitored, calibrated, maintained and removed and includes mobile service units;

(24) "Service period" means the interval between service visits;

(25) "Service visit" means a required visit to a service center to have an IID inspected, monitored, calibrated, maintained or removed, and includes an initial service visit, monthly service visits and a visit to a service center as a result of a violation or malfunction of the device;

(26) "Tampering" means an overt attempt to physically alter or disable an IID, or disconnect it from its power source, or remove, alter or deface physical anti-tampering measures, so an operator is able to start or continue to operate the motor vehicle without taking and passing a required breath test;

(27) "Vendor" means any person that provides or distributes an approved IID and;

(28) "Violation" means one of the following acts or omissions by a person who is required to operate a motor vehicle with an IID:

(a) Failing to appear for an IID scheduled service visit within five (5) days of the scheduled service date;

(b) Failing a rolling re-test;

(c) Failing to submit to a rolling re-test;

(d) Tampering with or attempting to tamper with the IID, based upon a report to the commissioner and CSSD from the manufacturer or vendor, or its authorized representative, or the installer;

(e) Operating a motor vehicle without a required IID;

(f) Removing or causing to be removed an IID without proof of written authorization from the commissioner;

(g) Requesting or soliciting another person to blow into or otherwise activate the device for the purpose of providing the restricted operator with an operable motor vehicle;

(h) Circumventing or attempting to circumvent the IID, based upon a report to the commissioner and CSSD from the manufacturer or vendor, or its authorized representative, or the installer; and

(i) Failing an initial start-up test when the operator's BAC is at or above five hundredths of one percent.

Conn. Agencies Regs. § 14-227a-12a

Adopted effective September 7, 2005; Amended December 31, 2012; Amended May 1, 2017