§FMCSR.com
Historical textIn force on Sept. 30, 2013Source: annual CFR editions 2001–2016

§ 40.235 What are the requirements for proper use and care of ASDs?

Wording first on file in the 2001 annual edition, superseded November 13, 2017.

govinfo, 2012 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2012 edition's wording. An amendment that took effect between Oct. 1, 2012 and Sept. 30, 2013 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.235 — What are the requirements for proper use and care of ASDs?. Text in force on September 30, 2013. This wording effective October 1, 2001 to November 13, 2017. Source: govinfo, 2012 edition, https://www.govinfo.gov/app/details/CFR-2012-title49-vol1/CFR-2012-title49-vol1-sec40-235. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.235?asof=2013-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) As an ASD manufacturer, you must submit, for NHTSA approval, a QAP for your ASD before NHTSA places the ASD on the CPL. Your QAP must specify the methods used for quality control checks, temperatures at which the ASD must be stored and used, the shelf life of the device, and environmental conditions (e.g., temperature, altitude, humidity) that may affect the ASD's performance.

(b) As a manufacturer, you must include with each ASD instructions for its use and care consistent with the QAP. The instructions must include directions on the proper use of the ASD, and, where applicable the time within which the device must be read, and the manner in which the reading is made.

(c) As the user of the ADS (e.g., employer, STT), you must follow the QAP instructions.

(d) You are not permitted to use an ASD that does not pass the specified quality control checks or that has passed its expiration date.

(e) As an employer, with respect to breath ASDs, you must also follow the device use and care requirements of § 40.233 .

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. Jan. 1, 2018 → presenteCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52246, Nov. 13, 2017]
  2. Nov. 13, 2017 → Jan. 1, 2018eCFR, day-precisediff vs. previous
  3. 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.