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23.4.213    FIELD CERTIFICATION OF BREATH ANALYSIS INSTRUMENTS AND ASSOCIATED EQUIPMENT

(1) Breath analysis instruments shall be field certified for accuracy at least once every seven days by a breath test specialist/senior operator, or in the event of a senior operator's absence, his/her authorized designee, using an ethyl alcohol water standard or an ethyl alcohol gas standard which has been approved by the division and using the field certification report form for the breath analysis instrument being certified.

(a) A field certification shall consist of a series of no less than two analyses obtained using an approved standard.

(b) A field certification is valid when the results of the approved standard are at plus or minus 10% of target value. The results of the field certification shall be reported to the third decimal (.000) and recorded on the field certification report form. If a test record card is used, it shall be affixed to the report which is to be kept at the testing location and a copy of the field certification report will be prepared for the division. All reports will be sent to the division on a monthly basis

(c) The approved ethyl alcohol water standard will not be used for longer than three months after its first date of use. This use and time limitation does not apply to the ethyl alcohol gas standard.

(d) Results of a field certification analysis outside the range specified in this rule shall be confirmed by the breath test specialist/senior operator, or his/her authorized designee. If the test results are still out of the specified range, the breath analysis instrument will be removed from service and the division shall be notified.

(e) A field certification shall be performed whenever a new breath analysis instrument is placed in service or when a breath analysis instrument is returned to service. The field certification results must be on file at the testing location before the breath analysis instrument can be used for subject testing.

(f) After each use, the ethyl alcohol water standard shall be stored in a closed container and placed in a cool dark area. This storage requirement does not apply to the ethyl alcohol gas standard.

(g) The field certification report form and results will be kept on file at the testing location. The division will receive copies of all field certification report forms along with copies of all breath analysis report forms. All reports will be sent to the division on a monthly basis.

(h) Failure to file a copy of the report with the division does not invalidate the field certification, or any subject analysis performed at that location, if the report is on file at the testing location.

(i) A proper field certification prior to any subject test and a proper field certification following a subject test shall create the inference that the breath analysis instrument was in proper working order at the time of the subject test.

(j) A breath analysis instrument’s field certification shall be considered valid for seven days forward from the date of a proper field certification.

(2) All devices meeting the definition of "associated equipment" contained in ARM 23.4.201(8) (b) shall be field certified for accuracy at least once every 31 days by a breath test specialist who has received training approved by the division in the proper methods for conducting such analyses.

(a) A PAST’s field certification shall consist of a series of no less than two analyses using an ethyl alcohol water or ethyl alcohol gas standard approved by the division.

(b) A field certification is valid when the results of the approved standards are at plus or minus 10% of target value. The results of the field certification must be recorded and maintained in the administering agency’s files.

(c) Results of a field certification analysis outside the range specified in (2) (b) shall be confirmed by the breath test specialist/senior operator, or his/her authorized designee. If the test results are still out of the specified range, the PAST will be removed from service.

(d) A field certification shall be performed whenever a new PAST is placed in service or when a PAST is returned to service. The field certification results must be on file with the agency before the PAST can be used for subject testing.

(e) The individual law enforcement agencies using PAST’s shall maintain a record of the field certifications of each individual device. Such record shall include but not be limited to:

(i) the date of the field certification;

(ii) the serial number of the PAST;

(iii) the results obtained;

(iv) the lot number of the ethyl alcohol water standard or ethyl alcohol gas standard; and

(v) the name of the individual conducting the analysis.

(f) A PAST’s field certification shall be considered valid for 31 days forward from the date of a proper field certification.

 

History: Sec. 61-8-405, MCA; IMP, Sec. 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02.

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