(A) "Days" means calendar day .
(B) "Department" means the department of public safety.
(C) "Director" means the director of the department of public safety or a designee.
(D) "Director of Health" means the director of the department of health or a designee.
(E) "Ignition interlock device" means a device approved by the director of public safety that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level.
(F) "Ignition interlock device violation" means that a certified ignition interlock device indicates that it has prevented an offender from starting a motor vehicle because of either of the following:
(1) The device was tampered with or circumvented;
(2) The analysis of the deep-lung breath sample or other method employed by the ignition interlock device to measure the concentration by weight of alcohol in the offender's breath indicated the presence of alcohol in the offender's breath in a concentration sufficient to prevent the ignition interlock device from permitting the motor vehicle to be started.
(G) "Immobilizing or disabling device" means a device approved by the director of public safety that may be ordered by a court to be used by an offender as a condition of limited driving privileges. "Immobilizing or disabling device" includes an ignition interlock device, and any prototype device that is used according to protocols designed to ensure efficient and effective monitoring of limited driving privileges granted by a court to an offender.
(H) "Installer" A natural person or business entity who is approved by the manufacturer to install an ignition interlock device or other immobilizing or disabling device on an offender's vehicle on behalf of the manufacturer.
(I) "Independent testing laboratory" means a testing laboratory not affiliated with a manufacturer of immobilizing or disabling devices including, but not limited to ignition interlock devices, that is qualified to test such devices or reference samples, and is accredited to the ISO 17025 laboratory management standard listed in paragraph (A) of rule 4501-45-11 of the Administrative Code.
(J) "Manufacturer" means any natural person, firm, partnership, association, corporation, or other business entity, engaged in the manufacturing or assembling of an immobilizing or disabling device, including an ignition interlock device.
(K) "Offender" means a person who has been granted limited or unlimited driving privileges by a court of this state subject to the condition that the person operate only a vehicle with a certified ignition interlock device under sections 4510.021, 4510.022, or 4510.13 of the Revised Code.
(L) "Prototype device" means an alcohol testing device, not certified by the director, that a court uses in a pilot program to monitor limited driving privileges granted to a person.
(M) "Purchaser" includes, but is not limited to a natural person, a corporation, a partnership, a limited liability company, an association, or any other entity comprised of two or more persons having a joint or common interest, that leases, buys, or otherwise uses a licensed manufacturer's ignition interlock device(s) in this state.
(N) "Rolling retest" or "random retest" is a notification from the ignition interlock device that requires the offender to submit to a breath test after the motor vehicle has been started.
(O) "Sales" means all monetary profit a licensed manufacturer of an ignition interlock device earned from, or which is attributed to, the lease, sale, or use of each of its certified device(s) to purchasers in this state during the twelve month period the manufacturer's license was in effect.
Five Year Review (FYR) Dates: 3/21/2021
Promulgated Under: 119.03
Statutory Authority: 4510.45, 4510.43
Rule Amplifies: 4510.43 , 4510.45
Prior Effective Dates: 09/06/1988 (Emer.), 07/22/1990, 08/24/2003, 12/31/2010, 04/01/2016