Section 1340-03-06-.02 - DEFINITIONS(1) Accuracy Check - confirming the calibration of the equipment used for the BAIID's calibration.(2) Administrative Fee - a fee collected by the manufacturer from each participant.(3) A-List - the Department of Safety and Homeland Security's secure data reporting system.(4) Breath Alcohol Concentration (BrAC) - the amount of alcohol expressed in weight per volume (w/v) of breath based upon grams of alcohol per 210 liters (L) of breath.(5) Breath Alcohol Ignition Interlock Device (BAIID) - a device that is designed to allow a driver to start a vehicle if the driver's BrAC is below the set point and to prevent the driver from starting the vehicle if the driver's BrAC is at or above the set point.(6) Calibration - the process of testing and/or adjusting the BAIID to ensure accuracy by using a wet bath or dry gas standard as defined by the current National Highway Traffic Safety Administration (NHTSA) model specifications for calibration units.(7) Camera - a feature of the device that incorporates photo identification or digital images of the person who is providing the breath test in all light conditions.(8) Circumvent - to bypass the correct operation of the BAIID by starting the vehicle without first providing a breath test.(9) Commissioner - the Commissioner of the Tennessee Department of Safety and Homeland Security.(10) Compliance-Based Removal - the authorized removal of the BAIID as determined by the participant meeting terms set by T.C.A. § 55-10-425.(11) Department - the Tennessee Department of Safety and Homeland Security.(12) Hearing Officer - the officer designated by the Commissioner to preside over administrative hearings.(13) Ignition Interlock Program - the Department of Safety and Homeland Security's program of regulating BAIIDs, manufacturers, service centers, and technicians in the State of Tennessee.(14) Ignition Interlock Service Center Inspection Checklist - a form (SF-1535) to be completed by the manufacturer or service center prior to initial and/or annual renewal inspection.(15) Manufacturer - a person or organization responsible for the design, construction, and/or production of the BAIID, which has been approved and certified by the Ignition Interlock Program as meeting all of the minimum requirements set forth in these rules.(16) Manufacturer Certificate of Compliance - a certificate of compliance issued by the manufacturer to a participant who has been compliant with the program conditions for the required period.(17) Manufacturer/Service Center Non-Compliance Fee - a fee charged to the manufacturer for non-compliance with any of the requirements stated in Chapter 1340-03-06.(18) Manufacturer Representative - an individual designated by the manufacturer as a direct point of contact for the ignition interlock program administrator in the State of Tennessee.(19) Non-Compliance - failure to meet the minimum requirements set forth in state law, these rules, a court order, or the device configuration requirements.(20) Normal Business Hours - standard workdays of Monday through Saturday between the hours of 7:00 am and 7:00 pm at a minimum of five (5) days per week, excluding state and federal holidays.(21) Participant - an individual who has been ordered by a court or the Department pursuant to the provisions of T.C.A. § 55-10-417 to operate a motor vehicle which has been equipped with a functioning BAIID.(22) Permanent Lockout - a condition where the device will not accept a breath test until serviced.(23) Probation - an entity appointed to investigate, supervise, and report on the conduct of program participants.(24) Program Administrator - an individual who is the direct point of contact with the general public, current and prospective service centers, manufacturers, and other government and private entities.(25) Random Retest - a breath test that is required after the initial engine start-up breath test and while the vehicle is being operated. Note: Commonly referred to as a rolling, random, or running retest.(26) Real Time Reporting - the contemporaneous transmission of data any time a photo is captured to a specified monitoring entity as the event occurs or as soon as cellular reception permits.(27) Remove Interlock Restriction Letter - a letter issued by the Department to a participant indicating program compliance.(28) Residual Mouth Alcohol - alcohol found in the oral cavity that dissipates over a short period of time.(29) Service Center - the entity designated by the manufacturer and approved by the Ignition Interlock Program to provide services to include, but not limited to, installation, inspection, maintenance, and removal of the BAIID within Tennessee.(30) Service Center Certificate - a certificate provided by the Ignition Interlock Program once the Ignition Interlock Program is satisfied that the service center complies with all of the minimum requirements set forth in Chapter 1340-03-06.(31) Tampering - an attempt to physically disable, disconnect, adjust, or otherwise alter the proper operation of a BAIID and/or any of its components; to remove the BAIID and/or any of its components without authorization. Note: Disconnecting the handset once the vehicle is turned off is permissible unless the vehicle was turned off during a random retest.(32) Technician - a person affiliated with a service center and engaged in the installation, inspection, maintenance, and removal of BAIIDs in Tennessee.(33) Technician's Certificate of Training - a certificate issued to the technician by the manufacturer certifying that the technician has been properly trained in the installation, inspection, maintenance, and removal of BAIIDs in Tennessee.(34) Technician Training - type(s) of training provided to the technician by the manufacturer including hands-on training, paper materials, and training videos.(35) Temporary Lockout Code - a temporary code issued by the manufacturer to a participant whose BAIID is in lockout mode.(36) Violation - non-compliance with a law, regulation, or rule.Tenn. Comp. R. & Regs. 1340-03-06-.02
Original rule filed December 17, 2012; effective May 31, 2013. Amendments filed February 19, 2020; effective 5/19/2020.Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.