Section 80. Approval

Article 2. Approval of Breath Test Devices

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.

Historical Notes

Former 6VAC20-190-80 derived from Volume 17, Issue 03, eff. November 23, 2000; amended and renumbered as 6VAC40-20-80, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.