OAR 257-100-0005
Definitions

As used in OAR 257-100-0005 (Definitions) to 257-100-0080 (Hearing Procedure), in addition to the terms defined in ORS 813.599 (Definitions), the following terms apply:
(1) “Alcohol” means ethanol or ethyl alcohol.
(2) “Alcohol set point” means a breath alcohol concentration greater than 0.020 BrAC, at which the device is set to prevent a vehicle from starting or operating.
(3) “Breath Alcohol Concentration (BrAC)” means the amount of alcohol in the blood of the individual as shown by chemical analysis of the breath.
(4) “Breath sample” means normal expired human breath primarily containing alveolar air.
(5) “Calibration” means the process of testing and adjusting a device to ensure accuracy by using dry gas standard that is approved to be listed on the 2012 NHTSA Conforming Products List of Calibrating Units for Breath Alcohol Testers.
(6) “Circumvention” means to bypass the correct operation of a device by starting or operating the vehicle, by any means, without first providing a breath test.
(7) “COA” means Certificate of Analysis.
(8) “Early Recall” means response of the device due to an action of the individual which requires service of the device or downloading of the data memory.
(9) “Ignition Interlock Device” or “device” means a device that is designed to allow a driver to start or operate a vehicle if the driver’s BrAC is below the alcohol set point and to prevent the driver from starting or operating the vehicle if the driver’s BrAC is at or above the alcohol set point.
(10) “Indigence Standards” means a determination of indigence based on household income adopted by the United States Department of Agriculture for the SNAP (Supplemental Nutrition Assistance Program).
(11) “Individual” means a person required to have a device installed due to a conviction or diversion agreement.
(12) “Lockout” means a condition when the device will not accept a breath test until the device is serviced or unlocked as permitted in OAR 257-100-0055 (Device Routine Maintenance and Calibration).
(13) “Manufacturer” means an organization responsible for the design, construction, production and repair of a device.
(14) “Manufacturer Representative” means the only company or corporation registered as a business with the Oregon Secretary of State that is designated by a manufacturer to sell, rent, or lease a specific device model in the State of Oregon and provide statewide device service through the operation of a network of service centers.
(15) “Mobile Service” means a vehicle operated by a certified service center allowing their ignition interlock technician to service approved ignition interlock devices at a location other than the service center.
(16) “NHTSA” means the National Highway Traffic Safety Administration.
(17) “ODOT” means the Oregon Department of Transportation
(18) “Operational” means an interlock device that is installed in a vehicle, ready for use, and has not entered lockout.
(19) “OSP” means the Oregon Department of State Police.
(20) “Proper Record Maintenance” means the manufacturer’s representative complete records on each individual for a period of 5 years after the date of the device removal including, but not limited to, all data retrieved from the data storage system of a device.
(21) “Purge” means any action by which a device cleanses or removes a previous breath sample from the device and specifically removes residual alcohol.
(22) “Restart” means the ability to start the vehicle’s engine again within two minutes after the vehicle engine is turned off (including stalling) without the delivery of another breath sample.
(23) “Retest” means a breath sample required by the device after the initial vehicle engine start-up breath sample and while the vehicle is being operated.
(24) “Second initial test” means the setting on a device that allows for multiple attempts before the vehicle is started or operated and after the test violation, within a ten minute period, for the individual to provide a breath sample that does not register as a test violation.
(25) “Service” means installing, inspecting, downloading, data transferring, calibrating, or removing the device.
(26) “Supplemental Nutrition Assistance Program” or “SNAP” means the program operated by United States Department of Agriculture to provide low-income individuals and families with nutrition assistance.
(27) “Tampering” means an attempt to disable, adjust, or otherwise alter the proper operation of a device or camera. “Tampering” does not include disconnecting the handset once the vehicle is turned off.
(28) “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. Under ORS 801.365 (“Motorcycle”) (Motorcycles) and ORS 801.133 (“Autocycle”) (Autocycles), motorcycles and autocycles are considered vehicles.
[Publications: Publications referenced are available from OSP.]

Source: Rule 257-100-0005 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=257-100-0005.

Last Updated

Jun. 24, 2021

Rule 257-100-0005’s source at or​.us