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Section 28-1301. Definitions

28-1301. Definitions

In this chapter, unless the context otherwise requires:

1. “Certified ignition interlock device” means an ignition interlock device that is certified pursuant to article 5 of this chapter.

2. “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:

(a) Has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.

(b) Has a gross vehicle weight rating of twenty-six thousand one or more pounds.

(c) Is a school bus.

(d) Is a bus.

(e) Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.

3. “Education” means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs.

4. “Ignition interlock device” means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the national highway traffic safety administration specifications, 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 motor 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.

5. “Installer” means a person who is certified by the department to install ignition interlock devices and provide services to the public related to ignition interlock devices.

6. “License” means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles.

7. “Manufacturer” means a person who is certified by the department to offer ignition interlock devices for installation in motor vehicles in this state.

8. “Screening” means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment.

9. “Tampering” means an overt or conscious attempt to physically disable, circumvent or otherwise disconnect the certified ignition interlock device from its power source that allows the operator to start the engine without taking and passing the requisite breath test.

10. “Treatment” means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education.


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