§FMCSR.com
Historical textIn force on Sept. 30, 2001Source: annual CFR editions 1996–2000

§ 40.79 Invalid tests.

Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.

govinfo, 2000 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2000 edition's wording. An amendment that took effect between Oct. 1, 2000 and Sept. 30, 2001 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.79 — Invalid tests.. Text in force on September 30, 2001. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 2000 edition, https://www.govinfo.gov/app/details/CFR-2000-title49-vol1/CFR-2000-title49-vol1-sec40-79. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.79?asof=2001-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) A breath alcohol test shall be invalid under the following circumstances:

(1) The next external calibration check of an EBT produces a result that differs by more than the tolerance stated in the QAP from the known value of the test standard. In this event, every test result of 0.02 or above obtained on the device since the last valid external calibration check shall be invalid;

(2) The BAT does not observe the minimum 15-minute waiting period prior to the confirmation test, as provided in § 40.65(b);

(3) The BAT does not perform an air blank of the EBT before a confirmation test, or an air blank does not result in a reading of 0.00 prior to the administration of the test, as provided in § 40.65;

(4) The BAT does not sign the form as required by §§ 40.63 and 40.65;

(5) The BAT 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 or printing on or attachment to the form of the test result;

(6) An EBT fails to print a confirmation test result; or

(7) On a confirmation test and, where applicable, on a screening test, the sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result.

(b) [Reserved]

[59 FR 7357, Feb. 15, 1994, as amended at 59 FR 43002, Aug. 19, 1994]

Amendment history

2 distinct wordings on file since Oct. 1, 1996
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 71 FR 49384, Aug. 23, 2006; 80 FR 19553, Apr. 13, 2015. Redesignated and amended at 88 FR 27641, 27643, May 2, 2023]
  2. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000viewing
    [59 FR 7357, Feb. 15, 1994, as amended at 59 FR 43002, Aug. 19, 1994]

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.