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Historical textIn force on June 1, 2015Source: annual CFR editions 2001–2016

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

Wording first on file in the 2001 annual edition, superseded November 13, 2017.

govinfo, 2014 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2014 edition's wording. An amendment that took effect between Oct. 1, 2014 and June 1, 2015 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

(a) EBTs on the NHTSA CPL for evidential 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. Note that, among devices on the CPL for EBTs, only those devices listed without an asterisk (*) are authorized for use in confirmation testing in the DOT alcohol testing program.

(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.

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. [65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52246, Nov. 13, 2017]
  2. Oct. 1, 2001 → Nov. 13, 2017annual editions 2001–2016viewing

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.