N.Y. Comp. Codes R. & Regs. tit. 10 § 59.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 59.1 - Definitions

(a) Techniques and methods means the collection, processing and determination of the alcoholic content of body fluids such as human blood, saliva or urine, and of breath or alveolar air by protocols and/or instruments determined by the commissioner to be acceptable.

(b) Per centum by weight of alcohol as used in the Vehicle and Traffic Law and the Environmental Conservation Law means percent weight per volume, that is, grams of alcohol per 100 milliliters of whole blood.

(c) Chemical tests/analyses include breath tests conducted on breath analysis instruments approved by the commissioner in accordance with section 59.4 of this Part.

(d) Training agency or agencies means the Office of Public Safety of the Division of Criminal Justice Services, the Division of State Police, the Nassau County Police Department, the Suffolk County Police Department and/or the New York City Police Department.

(e) Commissioner means the New York State Commissioner of Health.

(f) Department means the New York State Department of Health.

(g) Ignition interlock device means any blood alcohol concentration equivalence measuring device which connects to a motor vehicle ignition system and prevents a motor vehicle from being started without first determining through a deep lung breath sample that the operator's equivalent breath alcohol level does not exceed the calibrated setting on the device as required by standards in this Part.

(h) Blood alcohol concentration (BAC) means the weight amount of alcohol contained in a unit volume of blood, measured as grams ethanol/100 ml blood and expressed as %, grams %, % weight/volume (w/v), and % BAC. Blood alcohol concentration in this Part shall be designated as % BAC.

(i) Testing laboratory means a nationally recognized, independent materials testing laboratory that is not affiliated with, and operates autonomously from, any ignition interlock device manufacturer, is properly equipped and staffed to carry out test procedures required by this Part, and is independently accredited in accordance with requirements for the competence of testing and calibration laboratories promulgated as a standard by the International Organization for Standardization (ISO), or other commensurate standard acceptable to the department.

(j) Breath analysis instrument means a device that complies with section 59.4 of this Part.

(k) Saliva means oral fluid.

(l) Calibration means the activity of verifying that a value generated by the instrument is in acceptable agreement with the assigned value for a traceable and/or certified reference standard, including any adjustment to the instrument to bring it into acceptable agreement.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 59.1