NOTICES
Prearrest Breath Testing Devices
[35 Pa.B. 2694] The Department of Health (Department) is approving the following prearrest breath testing devices for determining the alcohol content of the blood by analysis of a person's breath as required by 28 Pa. Code §§ 5.101--5.104 (relating to equipment to determine blood alcohol content under the Vehicle Code and the Fish and Boat Code). This list of approved prearrest breath testing devices is adopted under the authority contained in the Motor Vehicle Code, 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance), the Fish and Boat Code, 30 Pa.C.S. § 5125 (relating to chemical testing to determine amount of alcohol or controlled substance), the Game and Wildlife Code, 34 Pa.C.S. § 2502 (relating to chemical test to determine amount of alcohol) and section 2101 of The Administrative Code of 1929 (71 P. S. § 532).
Devices approved under this notice may be used by police officers, waterways patrolmen and officers enforcing the Game and Wildlife Code in conducting preliminary alcohol content in blood determinations on persons suspected of driving, boating, hunting or furtaking while under the influence of alcohol. The sole purpose of these testing devices is to assist the officer or patrolman in determining whether or not the person should be placed under arrest for violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance), for violation of 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance), for violation of 34 Pa.C.S. § 2501 (relating to hunting or furtaking prohibited while under influence of alcohol or controlled substance) or for any other criminal offense under the Vehicle Code, the Game and Wildlife Code or the Fish and Boat Code which involves operating a vehicle, hunting or furtaking while under the influence of alcohol.
This notice lists devices that were included in the previous publication of this list, published at 22 Pa.B. 1001 (March 7, 1992), and adds additional devices to that list.
The National Highway Traffic Safety Administration (NHTSA) of the United States Department of Transportation published model specifications for Screening Devices to Measure Alcohol in Bodily Fluids at 59 FR 39382 (August 2, 1994). These specifications established performance criteria and methods for testing alcohol screening devices using either breath or bodily fluids to measure blood alcohol content. The NHTSA established these specifications to support state laws and the United States Department of Transportation's workplace alcohol testing program.
The NHTSA published a conforming products list of alcohol screening devices at 66 FR 22639 (May 4, 2001). The Department uses the NHTSA criteria for approving devices for the prearrest testing of a person's breath to determine the alcohol content of the person's blood. The breath testing devices included in the Federal approval list are incorporated by reference into the list in this notice. Since this notice pertains to only those devices that test breath, items on the NHTSA list that test saliva or other bodily fluids are not incorporated by reference in the list in this notice.
Some of the devices are listed under the name of more than one manufacturer. This is due to the fact that the name of the manufacturer has changed or the right to produce a device has been transferred to a different company. In these instances, the device is listed under the name of each company that was ever associated with the device to allow law enforcement agencies to continue using devices bearing the name of a previous manufacturer.
Additionally, there are a number of handheld breath testing devices on the Department's list of approved evidentiary breath testers that frequently are used as prearrest screening devices. A device on the list of evidentiary breath testers that was tested against the 1993 Model Specifications for Evidential Breath Testers, as published by the NHTSA at 58 FR 48765 also fully meets the requirements of the Model Specifications for prearrest screening devices. Both procedures evaluate the performance of instruments at the 0.020 alcohol level.
Questions regarding this list, or for additional information or persons with a disability who require an alternative format of this notice (for example, large print, audiotape or Braille), contact Dr. M. Jeffrey Shoemaker, Director, Division of Chemistry and Toxicology, Department of Health, P. O. Box 500, Exton, PA 19341-0500, (610) 280-3464, V/TT (717) 783-6514 for speech and/or hearing impaired persons or the Pennsylvania AT&T Relay Services at (800) 654-5984.
Akers Laboratories, Inc., Thorofare, NJ
Alcohol RADICALTM*Alco Check International, Hudsonville, MI
Alco Check 3000 D.O.T.
Alco Screen 3000
Alco Check 9000Alcohol Countermeasure Systems, Inc., Cincinnati, OH
Alert J4Approved Technology, Inc., Grand Rapids, MI
Alco-Check I
Alco-Check II
Alco Check 3000BHP Diagnostix, West Chester, PA
PreventCMI-MPH, Owensboro, KY
CMI S-D2
CMI S-L2Craig Technologies International Ltd., Aurora, CO
BreathScanGuth Laboratories, Inc., Harrisburg, PA
Alcotector WAT89EC-1
Alco-Tector
Alco-Tector Mark X
Mark X Alcohol CheckerHan International Co., Ltd., Seoul, Korea
A.B.I. (Alcohol Breath Indicator)Intoximeters, Inc., St. Louis, MO
Alco-Sensor
Alco-Sensor III
Alco-Sensor Light DisplayLife Loc Inc., Wheat Ridge, CO
Life Loc PBA 3000Medi-Scan, Inc., Denver, CO
BreathScanNational Draeger, Inc., Pittsburgh, PA
AlcotestPAS Systems International, Inc., Fredericksburg, VA
PAS IIIa
PAS VrRepCo Marketing, Raleigh, NC
Alco Tec III
AlcoTec Breath-Alcohol Tester
Breath Alcohol Tester Model BT-2
Breath Alcohol Tester Model BT-3SoundOff, Inc., Hudsonville, MI
Alco-Check
Alco-Check II
Alco Screen 1000
Digitox D.O.T.
Preliminary Breath Test IITeam Building Systems, Inc., Houston, TX
BreathScan*The Alcohol RADICALTM* disposable breath alcohol screening device manufactured by Akers Laboratories, Inc. passed the model specifications under all lighting conditions except one, namely sodium vapor lighting. The device is being listed with the understanding that the manufacturer will specify in written instructions accompanying the product that the device should not be used under sodium vapor lighting conditions. It passed the testing under all other conditions.
CALVIN B. JOHNSON, M.D., M.P.H.,
Secretary
[Pa.B. Doc. No. 05-851. Filed for public inspection April 29, 2005, 9:00 a.m.]
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