EXPEDITED ADOPTION
Title of Rule: Administration of breath test.
Purpose: Amends this section for consistency with other recently adopted changes to regulations for breath alcohol testing.
Statutory Authority for Adoption: RCW 46.61.506.
Statute Being Implemented: RCW 46.61.506.
Summary: Amends section with incorrectly listed acceptable range for external standard simulator result. Section is now consistent with remaining sections of rule.
Reasons Supporting Proposal: Section was inadvertently not amended leading to inconsistency with other changes effective April 1, 1999.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Barry K. Logan, 2203 Airport Way South, Seattle, WA 98134, (206) 343-5435.
Name of Proponent: State Toxicologist, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this regulation is to correct an oversight in establishing the admissibility standards for breath alcohol test results. This regulation is remedial in nature and is designed to ensure that the standards for the admissibility of breath test results in judicial proceedings are consistent with the regulations for performing a valid test.
When other amendments to Title 448 WAC were adopted effective April 1, 1999, this section was inadvertently not amended. As now written, it will correct this oversight.
The rule will now reflect that the acceptable range for the simulator external standard result for breath alcohol tests administered on or after April 1, 1999, is 0.072 to 0.088 inclusive.
Proposal does not change existing rules.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Barry K. Logan Ph.D., State Toxicologist, 2203 Airport Way South, Seattle, WA 98134 , AND RECEIVED BY July 3, 1999.
April 27, 1999
Barry K. Logan Ph.D.
State Toxicologist
OTS-3103.1
AMENDATORY SECTION(Amending WSR 95-20-025, filed 9/27/95, effective 10/28/95)
WAC 448-13-060
Validity and certification of test results.
A test shall be a valid test and so certified, if the requirements of WAC 448-13-040, 448-13-050 and 448-13-055 are met, and in addition the following criteria for precision and accuracy, as determined solely from the breath test document, are met:
(1) The internal standard test results in the message "verified."
(2) In order to be valid, the two breath samples must agree to within plus or minus ten percent of their mean. This shall be determined as follows:
(a) The breath test results shall be reported, truncated to three decimal places.
(b) The mean of the two breath test results shall be calculated and rounded to four decimal places.
(c) The lower acceptable limit shall be determined by multiplying the above mean by 0.9, and truncating to three decimal places.
(d) The upper acceptable limit shall be determined by multiplying the mean by 1.1 and truncating to three decimal places.
(e) If the results fall within and inclusive of the upper and lower acceptable limits, the two breath samples are valid.
(3) The simulator external standard result must lie between .090 to .110 inclusive for tests conducted prior to April 1, 1999, and .072 to .088 inclusive for tests conducted on or after April 1, 1999. This provision is remedial in nature and applies to any judicial proceeding conducted after April 27, 1999.
(4) All four blank tests must give results of .000.
If these criteria are met, then these and no other factors are necessary to indicate the proper working order of the instrument, and so certify it, at the time of the breath test.
[Statutory Authority: RCW 46.61.506. 95-20-025, § 448-13-060, filed 9/27/95, effective 10/28/95; 91-06-022, § 448-13-060, filed 2/26/91, effective 3/29/91.]