Administrative Code

Virginia Administrative Code
4/17/2024

Article 2. Approval of Breath Test Devices

6VAC40-20-80. Approval.

All breath tests as prescribed in §§ 18.2-268.9, 29.1-738.2 and 46.2-341.26:9 of the Code of Virginia shall be performed on a breath test device approved by the department. Those breath test devices listed in the "Conforming Products List of Evidential Breath Measurement Devices" as established by the National Highway Traffic Safety Administration ("NHTSA"), United States Department of Transportation, or in such other list as may be established by NHTSA evidencing that such device meets criteria, standards or specifications promulgated by it, as published from time to time in the Federal Register, may be approved by the department as a breath test device. In approving such devices, the department will consider factors including, but not limited to, costs, maintenance, necessity of instruction and/or training by the department, ease of operation, availability of parts and service facilities, reliability, maintenance instruction and the historical performance record of the device.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-80 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-80, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-90. Publishing list of devices.

The department shall periodically publish in the Virginia Register of Regulations a list of any device(s) approved for use as breath test device(s). Such list shall be published forthwith after any addition or deletion of any device(s) to or from the department's approved list. The department may, in addition, provide copies of its approved list to any agency subject to this chapter.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-90 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 6VAC40-20-90, Virginia Register Volume 22, Issue 10, eff. February 22, 2006. Publication of approved devices: General Notices, 24:18 VA.R. 2728 May 12, 2008; 26:4 VA.R. 442-443 October 26, 2009; 26:7 VA.R. 921-922 December 7, 2009; 29:2 VA.R. 334 September 24, 2012; 31:21 VA.R. 1888 June 15, 2015; 35:13 VA.R. 1833 February 18, 2019; 39:26 VA.R, 2893 August 14, 2023.

6VAC40-20-100. Publishing list of supplies.

The department shall periodically publish in the Virginia Register of Regulations a list of any supplies and accessories approved for use with breath test devices that may be purchased by an agency. Such list shall be published forthwith after any addition or deletion of any supplies or accessories to or from the department's approved list. The department may, in addition, provide copies of its approved list to any agency subject to this chapter.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-100 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 6VAC40-20-100, Virginia Register Volume 22, Issue 10, eff. February 22, 2006. Publication of approved supplies: General Notices, 24:18 VA.R. 2728 May 12, 2008; 26:4 VA.R. 442 October 26, 2009; 26:7 VA.R. 921-922 December 7, 2009; 29:2 VA.R. 334 September 24, 2012; 31:21 VA.R. 1888 June 15, 2015; 35:13 VA.R. 1833 February 18, 2019; 39:26 VA.R. 2893 August 14, 2023.

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