Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000 Page: 2,314
2223-2484 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(2) The proportion of false negative and uncertain results
shall not exceed 5.0%.
(d) Specificity. A test of alcohol-free samples shall not yield
a positive result. Endogenously produced substances capable of being
present in the breath shall not yield or significantly contribute to
positive results.
(e) Temperature. The device shall meet the requirements
of subsections (a) and (c) of this section when used at ambient
temperatures of -20 degrees Celsius to 83 degrees Celsius or other
limits as set by the scientific director.
(f) Rolling retest. To thwart curbside assistance, after passing
the test allowing the engine to start, the IID shall require a second
test within a randomly variable interval ranging from 5 to 15 minutes.
Third and subsequent retests shall be required at intervals not to
exceed 45 minutes from the previously requested test for the duration
of the travel. During the rolling retest, the retest set point shall be
the same as or with appropriate judiciary order, as much as 0.02
higher than the startup set point. In order to alert the driver that a
retest is to be required, a 3 minute warning light and/or tone shall
come on. The driver will then have 3 minutes to retest. If the
engine is intentionally or accidentally shutdown after or during the
3 minute warning but before retesting, the retest clock shall not be
reset. Retesting takes priority over free restarts (see 19.21(20)) of
this title (relating to Explanation of Terms and Actions). Free restart
shall not be operative when the IID is awaiting a rolling retest. The
failure to take a retest shall be recorded in the data storage system as
a violation.
(g) Vibrational stability. The device shall meet the require-
ments of subsections (a) and (c) of this section when subjected to sim-
ple harmonic motion having an amplitude of 0.38mm (0.015 inches)
applied initially at a frequency of 10 Hz and increased at a uniform
rate to 30 Hz in 2 1/2 minutes, then decreased at a uniform rate to
10 Hz in 2 1/2 minutes. The device shall also meet the requirements
to simple harmonic motion having an amplitude of 0.19mm (0.0075
inches) applied initially at a frequency of 30 Hz and increased at a
uniform rate to 60 Hz in 2 1/2 minutes, then decreased at a uniform
rate to 30 Hz in 2 1/2 minutes.
19.24. Miscellaneous Requirements.
(a) Anticircumvention. The device shall be designed so that
anticircumvention features will be difficult to bypass.
(1) Anticircumvention provisions shall include, but not
be limited to, prevention or preservation of evidence of cheating by
attempting to use bogus or filtered breath samples or bypassing the
breath sampling requirements of the device electronically.
(2) The device may use special seals or other methods
that record attempts to bypass anticircumvention provisions.
(3) The device shall be checked for evidence of tampering
at least once every other month or more frequently if the need arises.
(4) When evidence of tampering is discovered, the appro-
priate judiciary authority shall be notified in writing and these records
shall be made available upon request to the scientific director.
(b) Operational features.
(1) The device shall be designed to permit a free restart
of a motor vehicle's ignition within two minutes after the ignition
has been shut off, without requiring a further alcohol analysis. The
free restart function shall be checked during each routine inspection.
(2) The device shall also automatically purge alcohol
before allowing subsequent analyses. In addition to the operationalfeatures of these regulations, the scientific director may impose
additional requirements, as needed, depending upon design and
functional changes in device technology.
(3) The device shall have a data storage system of
sufficient capacity to facilitate the recording and maintaining of all
daily driving activities for the period of time elapsed from one
maintenance and calibration check (as referred to in 19.25 (a)) of
this title (relating to Maintenance and Calibration Requirements) to
the next.
(c) Product liability. The manufacturer of the device shall
carry liability insurance covering product liability, including coverage
in Texas with a minimum policy limit of $1 million.
(d) Product warranty. The manufacturer shall provide a
warranty of performance to ensure responsibility for support for
service within a maximum of 48 hours after notification of a reported
malfunction. This support shall be in effect during the period the
device is required to be installed in a motor vehicle.
(e) Modifications. Once a device by model and/or class has
been approved, no modification in design or operational concept
may be made without prior written consent of the scientific director.
This does not include replacement or substitution of repair parts to
maintain the device nor software changes that do not modify the
operational concept of the device.
(f) Warning label. A warning label containing the following
language shall be affixed to each device: "Any individual tampering,
circumventing, or misusing this device shall be subject to prosecution
and/or civil liability."
(g) Safety. The device shall be designed to comply with
generally recognized safety requirements.
(h) Specification and operating instructions. Manufacturers
shall provide to the department with each device submitted for
approval, a precise set of specifications, which describe the features
of the device concerned in the evaluation of its performance. A set
of detailed operating instructions shall be supplied with each device.
(i) Product indemnity. The manufacturer shall provide a
signed statement that the manufacturer shall indemnify and hold
harmless the state of Texas, the department and its officers, employ-
ees, and agents from all claims, demands, and actions, as a result of
damage or injury to persons or property which may arise, directly or
indirectly, out of any act or omission by the manufacturer or their
representative relating to the installation, service, repair, use and/or
removal of an IID.
(i) General. Any other requirements as may be determined
necessary by the scientific director to ensure that the device functions
properly and reliably.
19.25. Maintenance and Calibration Requirements.
(a) The device shall be inspected, maintained, and calibrated
for accuracy and operational performance at least once every other
month and more frequently, if necessary, as specified by the appro-
priate judiciary authority or the scientific director. This maintenance
and calibration check will be performed by a certified IID service
center as described in 19.27 of this title (relating to Certification
and Inspection of Service Centers).
(b) The maintenance and calibration check will consist of, but
not be limited to, a check of the device to determine that the device
is properly functioning in accordance with the following sections:
(1) accuracy - 19.23(a) of this title (relating to Technical
Requirements);25 TexReg 2314 March 17, 2000 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000, periodical, March 17, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113921/m1/92/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.