Historical textIn force on Sept. 30, 1998Source: annual CFR editions 1996–2000
§ 40.61 Preparation for breath alcohol testing.
Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1997 edition's wording. An amendment that took effect between Oct. 1, 1997 and Sept. 30, 1998 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.61 — Preparation for breath alcohol testing.. Text in force on September 30, 1998. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 1997 edition, https://www.govinfo.gov/app/details/CFR-1997-title49-vol1/CFR-1997-title49-vol1-sec40-61. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.61?asof=1998-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.
(a) When the employee enters the alcohol testing location, the BAT will require him or her to provide positive identification (e.g., through use of a photo I.D. card or identification by an employer representative). On request by the employee, the BAT shall provide positive identification to the employee.
(b) The BAT shall explain the testing procedure to the employee.
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27640, May 2, 2023]
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.