No, regulations concerning the type of devices that can be used for U.S. DOT workplace testing are covered in 49 CFR Part 40 Subpart K of the Federal Register (see link below). The minimum requirement for an instrument to perform a screening test is that it is approved by DOT and listed on the Conforming Products List (CPL) for Screening Devices. However, only a product that has been approved and listed on the CPL for Evidential instruments can be used for confirmation testing.
In addition to being approved on the Evidential CPL, DOT places additional requirements on evidential breath testing (EBT) instruments used for confirmation testing ——— see 49 CFR Part 40.231———-
1. Provides a printed triplicate result or three identical copies of a result for each test;
2. Assigns a unique number to each completed test, which the BAT and employee can read before each test and which is printed on each copy of the
3. Prints on each copy of the result the manufacturer’s name for the device, its serial number, and the time of the test;
4. Distinguishes alcohol from acetone at the .020 alcohol concentration level.
5. Tests an air blank; and
6. Is capable of performing an accuracy check.
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