Rules and Regulations

Rules and Regulations for Chapter 375-3-6

375-3-6-.03 Definitions

The following words, whenever used, shall have the same meaning as defined below when used in this chapter:

(a) "Cancellation" - the termination of a provider center's certification because of some error or defect in the certification or because the provider center is no longer entitled to such certification. This formal action is taken by the Department and is without prejudice. The applicant may apply for certification at any time after the cancellation, once the defect is cured.

(b) "Circumvention and Tampering" - an overt, conscious attempt to bypass the device by:

1. Providing samples other than the natural unaltered breath of the user;

2. Failing to provide the required breath sample when requested by a random moving retest;

3. Starting the vehicle without using the ignition switch, or any other act intended to start the vehicle without first taking and passing a breath test;

4. Physically tampering with the device to disable or otherwise disconnect the device from its power source.

(c) "Certification" - the formal acceptance by the Department of a provider center or device.

(d) "Department" - the Department of Driver Services.

(e) "Ignition Interlock Device" or "Device" - an instrument that provides a constant monitoring system designed to prevent a driver from operating a motor vehicle with a blood alcohol concentration of more than 0.02 grams percent.

(f) "Provider Center" - a facility established for the purpose of providing, installing and maintaining an ignition interlock device.

(g) "Revocation of certification" - the termination by formal action by the Department of a provider center's certification to install, operate or distribute devices in this State.

(h) "Suspension of certification" - the temporary withdrawal by formal action by the Department of a provider center's certification, which temporary withdrawal shall be for a period specifically designated by the Department.

(i) "User" - any person who, by operation of law or court order, may operate a motor vehicle only if that vehicle is equipped with an ignition interlock device and has had such a device installed in that vehicle.

Authority: O.C.G.A. ยง42-8-110, et seq.
Filed Date: 4/18/2006
Effective Date: 5/8/2006