Section 77.22. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Accuracy inspection test—A series of five simulator tests using a simulator solution designed to give a reading of .10% conducted by a certified breath test operator on Type A alcohol breath test equipment within 30 days prior to using the breath test equipment to perform an actual alcohol breath test.

Alcohol breath test—Chemical testing of a sample of a person’s expired breath, using breath test equipment designed for this purpose, in order to determine the concentration of alcohol in the person’s blood.

Calibrate—The term includes both of the following:

(i) Performance of a series of five simulator tests at each of three separate readings on Type A alcohol breath test equipment.

(ii) Adjustment of the equipment when necessary upon the failure of the equipment in the simulator tests.

Certified breath test operator—A person certified to administer alcohol breath tests with and to perform various tests to calibrate or ascertain the accuracy of a particular item of breath test equipment following completion of a course of instruction approved by the Department of Health and the Department.

Chemical test or testing—Analysis performed on a biological material, including but not limited to breath, blood or urine, to determine the identity, concentration, or both, of particular constituents such as alcohol or controlled substances. Test procedures may rely on one or more physical or chemical properties of the constituent and utilize instrumental or chemical analysis techniques to accomplish the determination.

Department—The Department of Transportation of the Commonwealth.

Simulator solution—An aqueous standard ethanol solution which, when equilibrated with air in a breath simulator device, produces an air-alcohol mixture of a predetermined concentration that is designed to give a specific reading on breath test equipment and can be used to calibrate and verify the accuracy of Type A alcohol breath test equipment.

Simulator test—Use of simulator solution in a breath simulator device to verify the accuracy of or calibrate Type A alcohol breath test equipment.

Type A alcohol breath test equipment—Equipment approved by the Department of Health for determining the alcohol content of the blood by analysis of a person’s breath.

Type B alcohol breath test equipment—Equipment approved by the Department of Health for taking a sample of a person’s breath for subsequent laboratory analysis to determine the alcohol content of the person’s blood.

The provisions of this § 77.22 adopted December 21, 1984, effective December 22, 1984, 14 Pa.B. 4599; readopted January 12, 1990, effective immediately and apply retroactively to December 22, 1989, 20 Pa.B. 211. Immediately preceding text appears at serial page (140060).