Md. Code Regs. 10.35.02.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.35.02.04 - Preliminary Tests of Breath for Alcohol

A. PBT Devices.

(1) The Toxicologist shall:

(a) Approve the make and model of PBT devices used in the State; and

(b) Maintain a list of approved make and model PBT devices.

(2) At the time of approval by the Toxicologist, the make and model PBT device shall be on the most recently updated Conforming Products List of Evidential Breath Alcohol Measurement Devices published in the Federal Register by the National Highway Traffic Safety Administration of the Department of Transportation.

(3) Each PBT device approved for use pursuant to Transportation Article, §16-205.2, Annotated Code of Maryland, shall be registered with the CTAU supervisor or designee via an identification number.

(4) Calibration Check.

(a) The calibration of a PBT device shall be checked by a PBT device operator, trained in accordance with §B(1) of this regulation, once a month by using an approved alcohol reference solution or alcohol gas standard.

(b) The results of the calibration check shall be within plus or minus 10 percent inclusive of the alcohol concentration of the alcohol reference solution or alcohol gas standard.

(c) A PBT device that does not achieve the result specified in §A(4)(b) of this regulation shall be withdrawn from use until it has been recalibrated.

B. Training Programs.

(1) PBT Device Operator Training Program.

(a) The Toxicologist shall approve a PBT device operator training program.

(b) A preliminary breath test of an individual suspected of being impaired or driving under the influence of alcohol or drugs shall be conducted only by a law enforcement officer who has completed and passed this training.

(c) A written exam consisting of at least 25 questions shall be given at the conclusion of the program.

(d) The cumulative passing score shall be 70 percent or above.

(e) A roster of students successfully completing the course shall be forwarded to the CTAU on completion of the program.

(2) PBT Device Instructor Training Program.

(a) All PBT device operator classes shall be instructed by individuals who have successfully completed a PBT device instructor training program from CTAU.

(b) CTAU shall provide instructor training for all agencies.

(c) An agency desiring training shall request this training from the Superintendent of the Department of Maryland State Police.

(d) The PBT device instructor training program shall:

(i) Include at least 16 hours of instruction; and

(ii) Be approved by the Toxicologist.

(3) CTAU shall issue a certificate after the successful completion of either program outlined in §B(1) or (2) of this regulation.

Md. Code Regs. 10.35.02.04