Rule: 23.3.953 Prev     Up     Next    
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Department: JUSTICE
Subchapter: Alcohol Analysis
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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23.3.953    DEFINITIONS

The following definitions apply throughout this chapter:

(1) "Certificate holder" means the manufacturer or vendor who the department has issued a certificate authorizing the use of a particular IID, or a manufacturer or vendor to install, service, calibrate, remove, and monitor certified IIDs.

(2) "Circumvention" means the attempted or successful bypass of an ignition interlock device (IID), including but not limited to:

(a) operating a vehicle without a properly functioning IID;

(b) disconnecting any part of the IID including the control head while the vehicle is in operation;

(c) altering the IID;

(d) introducing any breath sample from an air compressor, manual air pump, or other mechanical device to start, attempt to start, or operate a vehicle equipped with an IID;

(e) introducing a breath sample from someone who is not the restricted driver;

(f) introducing any altered, diluted, contaminated, stored, or filtered breath sample;

(g) intentionally disrupting or blocking a digital image identification device;

(h) operating the interlock vehicle after the IID detects excess breath alcohol.

(3) "Manufacturer" means the person, company, or corporation responsible for the design, construction, and/or production of the IID.

(4) "Manufacturer representative" means an individual designated to act on behalf of and/or represent the manufacturer in all matters relating to the IID certification process, compliance, and reporting requirements with the department.

(5) "Service center" means a location where certified IIDs are serviced, installed, and removed.

(6) "Tampering" means any act or attempt to disable or circumvent the operation of an IID.

(7) "Vendor" means a person or entity designated by the manufacturer to conduct business on behalf of the manufacturer.

(8) "Vendor representative" means an individual designated by the vendor as a contact for the department.

(9) "Violation reset" means a driver had a violation requiring an unscheduled service of the IID.


History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2018 MAR p. 589, Eff. 3/17/18.


MAR Notices Effective From Effective To History Notes
23-3-246 3/17/2018 Current History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2018 MAR p. 589, Eff. 3/17/18.
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