The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise.
"Absconding" means a failure of an interlock program participant to remedy a permanent lockout in accordance with these rules within 30 days of the occurrence of such permanent lockout, which results in a report of removal being sent to the installation authority and/or monitor.
"Alcohol" means Ethyl Alcohol, also called ethanol.
"Anti circumvention feature" means any feature or circuitry incorporated into the device that is designed to prevent activity that would cause the device not to operate as intended.
"Board" means the Administrative Offices of the Oklahoma Board of Tests for Alcohol and Drug Influence created by O.S. 47:759.
"Board en banc" means the sitting members of the Board as defined by O.S. 47:759 (A).
"Breath alcohol test" means the analysis of a person's expired alveolar breath to determine the alcohol concentration.
"Calibration" means the process of testing and adjusting a device to ensure accuracy.
"Circumvention" means to bypass the correct operation of an interlock device by starting the vehicle, by any means, without first providing a breath test or passing a confirmatory test.
"Confirmatory test" means a breath test required in response to a circumvention.
"Certification" means a status granted by the Board that permits a manufacturer to distribute a device in the state of Oklahoma.
"Data storage system" means a recording of all events monitored by the device.
"Director" means the position of the State Director of the Board as defined in O.A.C. 40:1-1-3.
"Fee" means a non-refundable administrative fee.
"Free restart" means a function of a device that will allow a vehicle to be restarted under the requirements in this title, without having to complete another breath alcohol test.
"Ignition interlock device" means a mechanism that prevents a vehicle from starting when the breath alcohol concentration of a breath alcohol test meets or exceeds the startup set point. Also referred to as "device".
"Inclusion Zone" means an area encompassing 25 driven miles from the Oklahoma state line as determined by the Board.
"Installation Authority" means the Oklahoma agency or entity by statute or order requiring or authorizing installation of a device.
"License" means the permission granted by the Board to engage in specific activities of the ignition interlock program.
"Manufacturer" means the actual producer of the device.
"Manufacturer representative" means the individual designated by the manufacturer to act on behalf of or represent the manufacturer in all matters under the jurisdiction or consideration of the Board with respect to device certification.
"Monitor" means the agency, organization and/or person(s) designated by the Installation Authority to receive reports regarding ignition interlock program participants.
"Negative result" means a breath alcohol test result indicating the alcohol concentration is less than the specific point value for the purpose specified.
"Penalty Fail" means a breath alcohol test resulting in a positive result that meets or exceeds the specific point value for the purpose specified.
"Permanent lockout" means a condition wherein the device will not allow a breath alcohol test and therefore will not allow the vehicle to be started.
"Positive result" means a breath alcohol test result indicating the alcohol concentration meets or exceeds the specific point value for the purpose specified.
"Proper Record Maintenance" means the manufacturer's complete records on every participant for a period of five (5) years from the date of removal including, but not limited to, all data retrieved from the data storage system of a device. The Board, or its designee, shall have access to any and all records.
"Reciprocity" means the process by which the Board may defer to a foreign state's device standards and specifications when an interlock participant is required to meet an interlock requirement for more than one state simultaneously.
"Reference sample device" means any alcohol breath testing external control or device approved for use by the Board.
"Retest" means a breath alcohol test or tests required in accordance with O.A.C. 40:50-1-3(e).
"Startup set point" means an alcohol concentration at which, or above, the device would prevent the vehicle from starting.
"Tampering" means any act or attempt to alter, interfere, disable, defeat or circumvent the installation or operation of the device.
"Vendor" means a licensed ignition interlock technician designated by the Manufacturer representative of a certified device to act on behalf of or represent the manufacturer in all matters under the jurisdiction or consideration of the Board, excluding matters related to device certification.
[Source: Added at 27 Ok Reg 2667, eff 8-26-10; Amended at 32 Ok Reg 1536, eff 9-11-15; Amended at 33 Ok Reg 1190, eff 9-11-16; Amended at 34 Ok Reg 845, eff 9-11-17]