§ 13:19-6.2 Definitions ignition interlock device
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Alcohol" means ethanol, also known as ethyl alcohol.
"Alcohol setpoint" means the breath alcohol concentration at which the BAIID is set to lock the ignition.
"BrAC" means breath alcohol concentration expressed as the percentage of weight over volume (% w/v) based upon grams of alcohol per 210 liters of breath.
"Breath alcohol ignition interlock device" or "BAIID" means a device designed to allow a vehicle ignition switch to start the engine when the BrAC test result is below the alcohol setpoint, while locking the ignition when the breath test result is at or above the alcohol setpoint, and which at minimum meet the specifications for performance and testing of the NHTSA Model Specifications.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Indigent" means participation in any of the following governmental assistance programs: Aid to Families with Dependent Children; Supplemental Security Income; General Assistance; Women, Infants and Children; Pharmaceutical Assistance to the Aged; Medicaid; Food Stamps; Temporary Disability Insurance; or Unemployment Insurance.
"Manufacturer" means a business engaged in the manufacturing or assembling of BAIIDs.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c.13 (N.J.S.A. 39:2A-4).
"NHTSA Model Specifications" means National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation, Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), 57 Fed. Reg. 11772-11787, as amended and supplemented.
"Optional feature" means any specification that the NHTSA Model Specifications do not specifically require or recommend.
"Safety feature" means any specification related to insuring that the BAIID will prevent a driver with a BrAC above the alcohol setpoint from driving.
"Service" means to install, calibrate, maintain, repair, remove, and otherwise perform work on a BAIID to ensure its proper performance.
"Service center" means a facility where BAIIDS certified under 13:19-6.7 are serviced.
"Tampering" means an overt, conscious attempt to physically disable or otherwise disconnect a BAIID from its power source and thereby allow a person with a BrAC above the setpoint to start the engine.
"Utility feature" means any specification related to insuring that the BAIID will function reliably and not interfere with driving by operators whose BrAC is below the alcohol setpoint.
HISTORY:
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Added "Chief Administrator" and "Motor Vehicle Commission"; deleted "Director" and "Division".
Chapter Notes
