Administrative Code

Virginia Administrative Code
4/17/2024

Article 1. Breath Test Administrative Procedures

6VAC40-20-30. Breath test devices.

Breath test devices shall be tested for accuracy by the department at least once every six months. All new breath test devices or those having been repaired by the manufacturer shall be tested for accuracy by the department before their return to service.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-30 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-30, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 24, Issue 26, eff. October 16, 2008.

6VAC40-20-40. Storage.

The breath test device must be stored in a clean, dry location that is only accessible to licensees and to other authorized individuals.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-40 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-40, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-50. Care.

Proper care shall be taken to ensure that the breath test device is kept free from excessive moisture, heat and dust.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-50 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 21, Issue 2, eff. November 3, 2004; amended and renumbered as 6VAC40-20-50, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-60. Modifications.

No modifications shall be made to any breath test device by an agency without the written consent of the department.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-60 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-60, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-70. Use.

The breath test device shall not be used for administration of tests for alcohol use pursuant to the Federal Omnibus Transportation Employees Testing Act of 1991, 49 CFR Part 40.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-70 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-70, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

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