CHAPTER
Saf-C 6800 PRELIMINARY BREATH TEST
DEVICES
Statutory Authority: RSA 265-A: 15, III
REVISION NOTE:
Pursuant to 2003, 319:80, II, effective 1-1-04, rules He-P
2206 entitled “Preliminary Breath Test Devices”, last filed by the Department of Health and Human
Services under Document #7781, effective 10-23-02, were transferred to the
Department of Safety. The Department of
Safety subsequently filed Document #9685, effective 3-23-10, which readopted
with amendments and renumbered He-P 2206 as Saf-C 6800.
The rules in Document #9685 replaced all prior filings for
rules in the former He-P 2206. The
filings of the Department of Health and Human Services or its Division of
Public Health Services affecting the former He-P 2206 include the following documents:
#2309,
eff 1-1-83
#2340,
eff 4-1-83
#2476,
eff 9-14-83
#3068,
eff 7-23-85
#4044,
eff 4-25-86, EXPIRED 4-25-92
#7781,
eff 10-23-02
PART
Saf-C 6801 DEFINITIONS
Saf-C 6801.01 “Alcohol” means ethanol,
ethyl alcohol, or “intoxicating liquors” as defined in RSA 21:33.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6801.02 “Approval” means a statement of authorization
signed by the commissioner.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6801.03 “Commissioner” means the commissioner of the
department of safety or his or her designee.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6801.04 “Laboratory” means the New Hampshire
department of safety, division of state police, forensic laboratory.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
PART
Saf-C 6802 APPROVAL OF PRELIMINARY
BREATH TEST DEVICES
Saf-C 6802.01 Criteria for Approval.
(a) Pursuant to RSA
265-A:15,II, the commissioner shall approve the preliminary breath test device
by manufacturer make and model in accordance with (b) below.
(b) The criteria to
be used for approval of a preliminary breath test device shall be the
following:
(1) The device shall be
identified on the National Highway Traffic Safety Administration’s “Conforming
Products List” of evidential breath measurement devices;
(2) The device shall be
capable of analyzing a series of samples using a simulator or dry gas standard
at known alcohol concentrations; and
(3) The device, submitted in accordance with Saf-C 6802.02, shall successfully pass
the protocol for evaluation of preliminary breath test devices in accordance
with Saf-C 6802.03.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6802.02 Manufacturer Responsibility.
(a) A manufacturer
of preliminary breath test devices may submit a request for an evaluation of
the device by the laboratory.
(b) Each device
submitted for evaluation shall be accompanied by any peripheral materials
necessary to perform the evaluation such as:
(1) An operation manual;
(2) A list of unit capabilities that include
criteria identified in Saf-C 6802.03 (b);
(3) The carrying case;
(4) Mouthpieces;
(5) Batteries; and
(6) Peripheral hardware and software.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6802.03 Laboratory Evaluation.
(a) The laboratory
shall evaluate each manufacturer make and model of preliminary breath test
device submitted in accordance with Saf-C
6802.02.
(b) The evaluation
shall include the following categories:
(1) Analysis of a series of alcohol samples at
known concentrations, to verify the accuracy and precision of the approved
instrument as meeting the following criteria:
a. For known alcohol concentrations greater than
0.000 g/210L but less than or equal to
0.050 g/210L:
1. The accuracy of the readings shall deviate no
more than +/- 0.003 g/210L from known alcohol concentrations; and
2. The total
precision range of the readings shall not exceed 0.005 g/210L;
b. For known alcohol concentrations greater than
0.050 g/210L but less than or equal to 0.100 g/210L:
1. The accuracy of the readings shall deviate no
more than +/- 0.005 g/210L from known concentrations; and
2. The total precision range of the readings
shall not exceed 0.005 g/210L; and
c. For known alcohol concentrations greater than
0.100 g/210L:
1. The accuracy of the
readings shall deviate no more than +/- 5% from known alcohol concentrations; and
2. The total precision range of the readings
shall not exceed 5% of the target value;
(2) Ease of use in handling the device while
performing a test;
(3) Performance under normal and adverse ambient
conditions; and
(4) Effects of other
substances or sources of energy that might interfere with the proper functioning
of the device.
(c) Each device
evaluated in accordance with Saf-C
6802.03 shall meet or exceed the performance statements provided by the
manufacturer.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C
6802.04 Reporting of Findings.
(a) A written report shall be made and submitted to the
commissioner upon completion of the evaluation.
(b) The report shall
include an evaluation of all categories listed in Saf-C 6802.02 including data collected from each device.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6802.05 Approval.
(a) A letter of
approval shall be issued from the commissioner to an equipment manufacturer
whose preliminary breath test device has met the requirements of Saf-C 6802.01 and Saf-C 6802.02.
(b) Any device
previously approved by the commissioner prior to adoption of Saf-C 6800 shall be considered valid for
purposes of RSA 265-A:15.
(c) The commissioner
shall maintain a list of preliminary breath test devices approved for use in
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6802.06 Denial.
(a) The commissioner
shall deny the approval of any preliminary breath test device that fails to
meet the criteria for approval as outlined in accordance with Saf-C 6802.01.
(b) The commissioner
shall notify the manufacturer of the denial in writing outlining the areas of
noncompliance.
(c) Any manufacturer
whose preliminary breath test device was not approved by the commissioner in accordance
with Saf-C 6802.05 may appeal the
decision and request a hearing in accordance with Saf-C 203.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
Saf-C 6802.07 Resubmission.
(a) An equipment
manufacturer whose request for approval of preliminary breath test device has
been denied in accordance with Saf-C
6802.06 may resubmit the device for reconsideration of evaluation after
a 6 month period from the date of the letter of denial. The device submitted
for reconsideration shall be evaluated only if there has been improvements or
modifications to the device which will improve its performance.
(b) An equipment
manufacturer who resubmits a preliminary breath test device for reconsideration
shall provide a reason for resubmission in writing or show that specific
improvements to the device will meet the criteria for approval in accordance
with Saf-C 6802.01.
(c) The laboratory
shall conduct an evaluation of a preliminary breath test device resubmitted for
approval in accordance with Saf-C 6802.03
and report its findings in accordance with Saf-C 6802.04.
Source. (See Revision Note at Chapter Heading for
Saf-C 6800) #9685, eff 3-23-10; ss by #12518, eff 4-23-18
APPENDIX
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Rule |
Specific State Statute the Rule Implements |
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Saf-C
6801 |
RSA 541-A:7 |
|
Saf-C 6802 |
RSA 265-A:15, II and III |
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