31 Miss. Code. R. 505-2.1

Current through October 31, 2024
Rule 31-505-2.1 - Definitions

1. Alcohol - Ethanol or ethyl alcohol

2. Alcohol concentration - The amount of alcohol in a given amount of breath, expressed in weight per volume (w/v) based upon grams of alcohol per 210 liters (L) of breath. For the purposes of this document, alcohol concentrations given in BrAC are equal to those given in blood alcohol concentration, grams of alcohol per 100 milliliters of blood.

3. Alveolar air - Also called "deep lung air" or "alveolar breath." An air sample which is the last portion of a prolonged, uninterrupted exhalation from which breath alcohol concentrations can be determined.

4. Anti-circumvention feature(s) - any feature or circuitry incorporated into the Ignition Interlock Device (IID) that is designed to prevent human tampering which would cause the device not to operate as intended.

5. Approval - Meeting and maintaining the requirements of these regulations and placement on the MDPS list of approved devices.

6. Appropriate judicial authority - a phrase used throughout these regulations that includes personnel or court orders of the Mississippi judicial system including, but not limited to, the court order authorizing installation of an IID, the court (or judge) that authorized that installation, pretrial services authorities (having to do with bail bond requirements in these matters), adult supervision (or adult probation) authorities, and/or occupational licensing authorities.

7. Bogus Sample - Any gas sample other than the unaltered, undiluted, or unfiltered alveolar air sample coming from the individual.

8. Breath alcohol analysis - Analysis of a sample of person's expired alveolar breath to determine the concentration of alcohol.

9. BrAC - Breath Alcohol Concentration, grams of alcohol per 210 liters of breath.

10. Certification - Meeting and maintaining the requirements set forth in these regulations.

11. Data storage system - A computerized recording of all events monitored by the installed IID, which may be reproduced in the form of required reports.

12. Emergency bypass - An event that permits the IID equipped vehicle to be started without the requirement of passing the breath test.

13. Filtered air samples - Any mechanism by which there is an attempt to remove alcohol from the human breath sample.

14. Free restart - A free restart is the ability to start the engine again, within a reasonable time, without completion of another breath alcohol analysis.

15. IID - The common abbreviation for Ignition Interlock Device used throughout these regulations

16. Ignition interlock device (abbreviated in this chapter as IID) - a device that is a breath alcohol analyzer that is connected to a motor vehicle ignition. In order to start the motor vehicle engine, a driver must blow an alveolar breath sample into the analyzer which measures the alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle engine will not start.

17. Illegal start - The starting of an IID-equipped vehicle without the requisite breath test having been taken and passed.

18. Interlock - The mechanism which prevents a motor vehicle from starting when the alcohol concentration of a person exceeds a preset value.

19. Lockout condition - A state wherein the IID will not allow the vehicle to be started until a service representative completes a reset, and restores the IID to a state that will allow the vehicle to be started.

20. Manufacturer - The actual producer of the device.

21. Manufacturer's representative - an individual and /or entity designated by the manufacturer to act on behalf of or represent the manufacturer of a device. May be synonymous with vendor.

22. Mississippi Department of Public Safety (MDPS) - The Agency for the implementation, administration, and enforcement of the Mississippi Ignition Interlock Device regulations.

23. Monitoring Authority - Authority designated to receive interlock reports, i.e. judicial, court, probation and MDPS.

24. Negative result - a test result indicating that the alcohol concentration is less than the startup set point value.

25. Positive result - A test result indicating that the alcohol concentration meets or exceeds the startup set point value.

26. Purge - Any mechanism which cleanses or removes a previous breath or reference sample from the device and specifically removes alcohol.

27. Reference sample device - a device containing a sample of known alcohol concentration.

28. Reset set point - A pre-set or pre-determined alcohol concentration setting, which is the same (0.02) as the startup set point at which, or above, during a rolling retest, the device will record in the data storage system, the high alcohol result as a violation.

29. Rolling retest - a subsequent breath test that must be conducted within five (5) minutes after starting the vehicle and randomly during each subsequent thirty (30) minute time period thereafter while the vehicle is in operation.

30. Rolling retest violation - an event, recorded in the data storage system when the rolling retest requirement is not met.

31. Service center - The physical location where the service representatives perform their IID services.

32. Startup set point - A pre-set or pre-determined alcohol concentration setting at which, or above, the device will prevent the ignition of a motor vehicle from operating. That value shall be an alcohol concentration of 0.02 g/210 liters of breath.

33. Tampering - An overt or conscious attempt to physically disable or otherwise disconnect the IID from its power source and thereby allow the operator to start the engine without taking and passing the requisite breath test. This attempt, whether successful or not, shall be recorded in the data storage system as a violation.

34. Temporary Lockout - A period of time during which the IID will not allow a breath sample to be delivered or the engine to be started.

35. Vendor - The person or entity representing the manufacturer(s) of an approved IID and responsible for the day-to-day operations and the continuing certification of an IID service center. Must have manufacturer's approval for use of a particular approved IID either through purchase or lease agreement. May be synonymous and with manufacturer's representative.

36. Violation - Any of several events including but not limited to such things as high alcohol, failure to present a rolling retest or an illegal start.

37. Violation lockout - An event which causes the device to prompt the participant to return the vehicle to the service center within a specified number of days to perform a violation reset on the IID.

38. Violation reset - An unscheduled service of the IID by the service center required because an accumulation of violations has reached a number that generates violation lockout. This information shall be reported to the monitoring authority within three working days after the vendor becomes aware of the violation. IID will be restored to a state that will allow the vehicle to be started.

31 Miss. Code. R. 505-2.1

Miss. Code Ann. § 45-1-3
Adopted 11/9/2014