Section 40.213 Questions and Answers

§40.213                                                                     01/02

QUESTION:

Is error correction training required if an alcohol test is cancelled due to equipment failure?

ANSWER:

  • Normally, equipment failure will not require the BAT to have error correction training.

  • However, if it is determined that the equipment failure was related to the BAT’s failure to properly maintain equipment (e.g., the EBT), error correction training would be in order.

  • In addition, error correction would be required if the BAT does not attempt to accomplish the test following equipment failure using another device – provided that another device was reasonably available.

 

This information was copied from a federal government resource. Always verify the accuracy of this information against the most recent version of the Code of Federal Regulations: https://www.ecfr.gov/current/title-49/subtitle-A/part-40 or the Office of Drug & Alcohol Policy & Compliance: https://www.transportation.gov/odapc.

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