250 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024
Section 250-1-003 - DEFINITIONS
003.01Alcohol

Alcohol means ethanol or ethyl alcohol (C2H5OH).

003.02ALR

ALR means administrative license revocation pursuant to Neb.Rev.Stat. § 60-498.01 to 60-498.04.

003.03BrAC

BrAC means the breath alcohol concentration in a given amount of breath, expressed a weight by volume (w/v) based upon grams of alcohol per 210 liters of breath (2100: 1 ratio).

003.04Board

Board means the Nebraska Board of Pardons.

003.05Breath sample

Breath sample means a normal expired human breath primarily containing alveolar or end-expiratory breath that is analyzed for alcohol concentration (BrAC) .

003.06Circumvention

Circumvention means an attempt to bypass the proper operation of an ignition interlock device by the use of an altered breath sample, by starting the motor vehicle without using the ignition switch, or by any other means without first providing a valid breath sample.

003.07Court

Court means the judge who sentences a driver convicted of operating or being in the actual physical control of any motor vehicle while intoxicated or driving under the influence, or who refuses a chemical test, and as a condition of probation or sentence, imposes the use of an ignition interlock device. This definition also means any district probation offices or court administrative officers assigned to the case of a driver limited to operation of a motor vehicle equipped with an ignition interlock device.

003.08Department

Department means the Nebraska Department of Motor Vehicles.

003.09Director

Director means the Director of the Nebraska Department of Motor Vehicles or his or her designee.

003.10Driver

Driver means a person who has been convicted under Neb. Rev. Stat. § 60-6,196 or 60-6,197 and has been ordered by the court or by the Board of Pardons that he or she not operate a motor vehicle during the time period stated in the order unless his or her motor vehicle is equipped with a functioning and approved ignition interlock device and the person has obtained the required license or permit. Driver also means any person who applies to the Department for issuance of an Ignition Interlock Permit for use during a period of administrative license revocation.

003.11Eligible

Eligible means that an operator 's license is not subject to any other suspension, cancellation, impoundment, no-driving period, or period of revocation; and the person has successfully completed the ignition interlock permit application process, served any applicable no-drive period; and:

003.11A Is subject to an administrative license revocation pursuant to Neb. Rev. Stat. §§ 60-498.01 through 60-498.04 and has waived his or her right to an administrative license revocation hearing; or
003.11B Is subject to a court order for an Ignition Interlock Permit as part of a sentence pursuant to Neb. Rev. Stat. §§ 60-6,196, 60-6,197.01, 60-6,197.03, 60-6,197.06, 28-306(3)(b) or (c), 28-394(3)(b) or (c); or
003.11C Has an order from the Board for an Ignition Interlock Permit.
003.12Ignition interlock device, or (breath alcohol ignition interlock device, or BAIID)

Ignition interlock device, or (breath alcohol ignition interlock device, or BAIID) means a device that is designed to allow a driver to start a motor vehicle if the driver's BrAC is below the set point and to prevent the driver from starting the motor vehicle if the driver's BrAC is at or above the set point. The purpose of the ignition interlock device is to measure the BrAC of the driver, to prevent the motor vehicle from being started if the BrAC exceeds a pre-set limit, to deter and to record attempts to circumvent or tamper with the device.

003.13Ignition Interlock Fund

Ignition Interlock Fund means the fund to be used by the Department of Motor Vehicles to pay for the cost of installation, removal, and maintenance of the ignition interlock device for any person the Department has determined to be indigent and incapable of paying as provided in Neb. Rev. Stat. §. 60-6, 211.05(8)(b).

003.14Ignition Interlock Permit (IIP)

Ignition Interlock Permit (IIP) means a permit issued to a driver which allows the driver to operate a motor vehicle which is equipped with an ignition interlock device. The permitted uses of the driver's IIP shall be printed on the back of the IIP. An IIP will not confer CDL privileges.

003.15Interlock Data Logger

Interlock Data Logger means a device within an ignition interlock device that records all pertinent events and times during the period of installation and use of an ignition interlock device.

003.16Lockout or lockout mode

Lockout or lockout mode means the ignition interlock device shall cause the ignition system of the motor vehicle to be disabled, thereby preventing the motor vehicle from starting, or, if in motion, preventing further tests from being introduced once the engine is turned off.

003.17NHTSA

NHTSA means the National Highway Traffic Safety Administration.

003.18Operator's license

Operator's license means any license or permit to operate a motor vehicle issued under the laws of this state, including:

(1) Any replacement or duplicate license or instruction permit;
(2) The privilege of any person to drive a motor vehicle whether such person holds a valid license;
(3) Any nonresident's operating privilege which means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation of a motor vehicle in this state by such person or the use in this state of a motor vehicle owned by such person;
(4) An employment driving permit issued as provided by section 60-4,129 and 60-4,130; and
(5) A medical hardship driving permit issued as provided by sections 60-4, 130.01 and 60-4, 130.02.
003.19Provider

Provider means an approved vendor, distributor, or supplier of an ignition interlock device. The provider shall have installer sites to act as the provider's agent throughout Nebraska. The provider is responsible to the department for the actions or inactions of its installers

003.20Retest

Retest means two additional opportunities to provide a breath sample below the alcohol set point when the initial test failed before the vehicle will enter a temporary lockout.

003.21Running retest

Running retest means a subsequent breath test that must be conducted within five minutes after starting the vehicle and randomly during each subsequent thirty minute time period thereafter while the vehicle is in operation;

003.22Set point

Set point means the Breath Alcohol Concentration (BrAC) at which a BAIID is set to prevent a vehicle from starting. In Nebraska, the set point is .03 BrAC.

003.23Tampering

Tampering means an attempt to physically disable, disconnect, adjust, or otherwise alter the proper operation of an ignition interlock device, including the camera, in any way that allows the motor vehicle to be started without the driver providing his or her own breath sample into the ignition interlock device, or allows a driver with a BrAC at or above the set point to start the engine, or prevents a photograph of the driver.

003.24Test fail or failed test

Test fail or failed test means the ignition interlock device has not received a valid sample under the alcohol set point within 15 minutes of the initial test or 15 minutes of a rolling retest.

003.25Valid Sample

Valid Sample means a breath sample below the .03 BrAC set point so that the ignition interlock device will enable the vehicle to start.

003.26 Repealed

250 Neb. Admin. Code, ch. 1, § 003