Current through 2024-51, December 18, 2024
Section 144-269-2 - EQUIPMENTA. Only those instruments approved by the U.S. Department of Transportation for the purpose of breath testing will be considered. Evidence of this approval must be submitted by the manufacturer. An approved wet bath simulator or dry gas standard must be provided for use with each instrument.B. The accuracy and sensitivity of the equipment must produce results within ± 0.01 g/210L or 5%, whichever is greater of the known value in the analysis of appropriate reference materials of known ethyl alcohol concentrations.C. Before approval, each instrument must be tested by a chemist of the Health and Environmental Testing Laboratory (HETL). Approval will be given provided the instrument produces results accurate within the limits of the performance requirements of the Department as specified in Section 2(B) above and will be indicated by affixing to the instrument a label with the test date placed thereon, which will be valid for no more than seven months.D. Each instrument will be retested by a chemist of the HETL at least once semi-annually. A new label of approval will be affixed to the instrument with the test date placed thereon.E. Failure of an instrument to provide results accurate within the limits of the performance requirements of the Department, (see Section 2(B) above), when detected, will be investigated by a trained operator or a chemist of the HETL to determine the cause of that failure. If the results of that investigation establish that the instrument itself is out of calibration, or non-functional, that will be cause for immediate withdrawal of approval.10-144 C.M.R. ch. 269, § 2