21 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2009-057 DEPARTMENT OF STATE POLICE

TRAFFIC SAFETY DIVISION TESTS FOR BREATH ALCOHOL

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State

 

(By authority conferred on the department of state police by 1945 PA 327, MCL 259.190, 1949 PA 300, MCL 257.625h, and 1994 PA 451, MCL 324.80181 and MCL 324.82137)

 

Draft December 7, 2009 R 325.2652 and R 325.2653 of the Michigan Administrative Code are amended to read as follows:

R 325.2652 Approved equipment.

Rule 2. (1) Evidential and preliminary breath alcohol test instruments shall be tested by, and shall meet the existing model specifications for evidential breath alcohol analysis as established by, the United States department of transportation, national highway traffic safety administration. The specifications, identified as “Model Specifications for Evidential Breath Testing Devices," 49 FR 488554 et seq., (December 14, 1984), as amended by 58 FR 48705 et seq., (September 17, 1993), 62 FR 43416 et seq.,

(August 13, 1997), and 69 FR 42237 et seq., (July 14, 2004), 71 FR 37159 et seq., (June 29, 2006), and 72 FR 71480 et seq., (December 17, 2007) are adopted in these rules by reference. A copy of the specifications and a current conforming products list are available from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, or from the Michigan State Police, Field Operations Division, 714 South Harrison Road, East Lansing, Michigan 48823, at a cost as of the time of adoption of these rules of $25.00.

(2)   If the United States department of transportation discontinues the testing of evidential breath alcohol test instruments or the issuance of model specifications for such testing, only those instruments tested and approved by the department shall be used.

(3)   Equipment, including accessories and supplies, for determining evidential or preliminary breath alcohol analysis shall be approved by the department before use.

(4)   An application for equipment approval shall be submitted to the department.

 

R 325.2653 Equipment accuracy.

Rule 3. (1) An evidential breath alcohol test instrument shall be verified for accuracy at least once at any time during each calendar week, or more frequently as the department may require, by an appropriate class operator pursuant to R 325.2658(4). Alternatively, a pre-programmed self-test may be initiated by the instrument and recorded by an

 

 

appropriate class operator pursuant to R 325.2658(4) if the instrument is so equipped and programmed. The tests need not be performed within 7 days of each other, but shall be performed less than 14 days apart. The test for accuracy shall be made in a prescribed manner using an alcohol standard that is approved by the department. For the instrument to meet the requirements for accuracy, a test result of .076 to .084 shall be obtained when using a controlled device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor. Controlled devices include both of the following:

(a)    Wet bath device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor.

(b)    Compressed alcohol gas device that delivers .080 grams of alcohol per 210 liters of vapor or a result that is within 5% of the compressed alcohol standard concentration after applying applicable altitude or topographic elevation correction factor supplied by the manufacturer.

(2)   A preliminary breath alcohol test instrument shall be verified for accuracy at least monthly, or more frequently as the department may require, by an appropriate class operator pursuant to R 325.2658(4). The test for accuracy shall be made in a prescribed manner using an alcohol standard that is approved by the department. For the instrument to meet the requirements for accuracy, a test result of .076 to .084 shall be obtained when using a controlled device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor. Controlled devices include both of the following:

(a)    Wet bath device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor.

(b)    Compressed alcohol gas device that delivers .080 grams of alcohol per 210 liters of vapor or a result that is within 5% of the compressed alcohol standard concentration after applying applicable altitude or topographic elevation correction factor supplied by the manufacturer. Such correction factor may be applied by the operator or by the instrument if so pre-programmed.

(3)   Approved evidential breath alcohol test instruments shall be inspected, verified for accuracy, and certified as to their proper working order by either an appropriate class operator pursuant to R 325.2658(4) or the instrument manufacturer's authorized representatives approved by the department within 120 days of the previous inspection.