§FMCSR.com
Reading the regulations as they stood on October 1, 1996. Current text may differ.Switch to current
Historical textIn force on Oct. 1, 1996Source: annual CFR editions 1996–2000

§ 40.107 Invalid tests.

Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.

govinfo, 1996 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1996 edition's wording. An amendment that took effect between Oct. 1, 1996 and Oct. 1, 1996 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.107 — Invalid tests.. Text in force on October 1, 1996. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 1996 edition, https://www.govinfo.gov/app/details/CFR-1996-title49-vol1/CFR-1996-title49-vol1-sec40-107. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.107?asof=1996-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

An alcohol test using a non-evidential screening device shall be invalid under the following circumstances:

(a) With respect to a test conducted on a saliva device—

(1) The result is read before two minutes or after 15 minutes from the time the swab is inserted into the device;

(2) The device does not activate;

(3) The device is used for a test after the expiration date printed on its package; or

(4) The STT fails to note in the remarks section of the form that the screening test was conducted using a saliva device;

(b) With respect to a test conducted on any non-evidential alcohol testing device, the STT has failed to note on the remarks section of the form that the employee has failed or refused to sign the form following the recording on the form of the test result.

Amendment history

2 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2001 → presentannual editions 2001–2016diff vs. previous
  2. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.