Current through Register Vol. 54, No. 16, April 20, 2024
Section 77.25 - Accuracy inspection tests for Type A equipment(a)Frequency. An accuracy inspection test shall be conducted on Type A alcohol breath test equipment within 30 days prior to using the breath test equipment to perform an actual alcohol breath test.(b)Procedures. Procedures shall be as follows: (1) An average deviation test shall be conducted to determine the accuracy of the instrument in the following manner: (i) A total of five simulator tests shall be conducted using a simulator solution which is designed to give a reading of .10%.(ii) The results of all five simulator tests shall be recorded on an appropriate test record.(iii) Test results shall be recorded to the third decimal place, if the third decimal place is available.(2) The Type A alcohol breath test equipment does not pass the accuracy inspection test and shall be removed from service if one of the following occurs: (i) In the event of a breath test device which can only be read to the second decimal place, one or more of the five tests yields a result less than .09% or greater than .10%.(ii) In the event of a breath test device which can only be read to the third decimal place, one or more of the five tests yields a result less than .090% or greater than .109% or the average deviation, derived by adding the absolute value of the differences between the results of the five tests and a constant value of .100 and dividing the total of these absolute values by 5, exceeds .005.(3) An example of an average deviation calculation for a breath testing device capable of being read to the third decimal place is as follows: | Constant Value | Reading | Difference (absolute value) |
| .100 | .099 | .001 |
| .100 | .104 | .004 |
| .100 | .098 | .002 |
| .100 | .101 | .001 |
| .100 | .102 | .002 |
| .010 = .002 |
| 5 |
Average deviation = .002 and .002 does not exceed .005.
(4) Breath test equipment which has malfunctioned or which fails an accuracy inspection test shall be placed out of service and shall be serviced or repaired, as necessary, by the manufacturer or its authorized representative or a person who has received comparable training or instruction and shall be tested under § 77.26(b) (relating to periodic calibration of Type A breath test equipment) prior to being placed back into service.(c)Certificate of accuracy. Upon satisfactory completion of the accuracy inspection procedure, the test record shall be recorded on a certificate of accuracy of a type provided or approved by the Department. The certificate of accuracy shall be signed and dated by the individual who performed the accuracy inspection test and shall be retained for a period of 3 years from the date of the accuracy inspection test. The certificate of accuracy shall be the presumptive evidence of accuracy referred to in 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance).The provisions of this § 77.25 adopted December 21, 1984, effective 12/22/1984, 14 Pa.B. 4599; readopted January 12, 1990, effective immediately and apply retroactively to December 22, 1989, 20 Pa.B. 211. This section cited in 67 Pa. Code § 77.24 (relating to breath test procedures); and 67 Pa. Code § 77.26 (relating to periodic calibration of Type A breath test equipment).