Federal Regulation

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DOT Rule 49 CFR Part 40 Section 40.231

Updated: Monday, January 1, 2018

Subpart K - Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing

§ 40.231 What devices are used to conduct alcohol confirmation tests?

(a) EBTs on ODAPC’s web page for “Approved Evidential Breath Measurement Devices” that meet the requirements of paragraph (b) of this section are the only devices you may use to conduct alcohol confirmation tests under this part.

(b) To conduct a confirmation test, you must use an EBT that has the following capabilities:

(1) Provides a printed triplicate result (or three consecutive identical copies of a result) of each breath test;

(2) Assigns a unique number to each completed test, which the BAT and employee can read before each test and which is printed on each copy of the result;

(3) Prints, on each copy of the result, the manufacturer's name for the device, its serial number, and the time of the test;

(4) Distinguishes alcohol from acetone at the 0.02 alcohol concentration level;

(5) Tests an air blank; and

(6) Performs an external calibration check.

[82 FR 52246, November 13, 2017]

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