HAR §11-114-10
HAR §11-114-10. Operators
Length: 385 wordsOfficial source
Cite as Haw. Code R. § 11-114-10
(a) Operators of breath
alcohol testing instruments shall be responsible for
performing breath alcohol tests pursuant to section 11-
114-6 and record keeping pursuant to section 11-114-
12(b)(1).
(b) No person shall serve as an operator unless
the person has a valid supervisor's license pursuant to
section 11-114-9(b), or has a valid operator's license
issued by the chief of police.
(c) An operator may only practice in the
jurisdiction designated on the license.
(d) An operator's license shall be effective for
three years from the date of issuance unless revoked by
the chief of police.
(e) Training programs for operators shall:
(1) Be conducted by the chief of police, the
chief's representative(s) or, with the
chief's approval, by a representative(s) of
the manufacturer of the breath alcohol
§11-114-
114-11
testing instrument;
(2) Consist of a minimum of four hours; and
(3) Be approved in writing by the DUI coordinator
except as provided in subsection (h)(1).
(f) Operators may be licensed on additional
breath alcohol testing instruments upon completion of
training approved in writing by the DUI coordinator.
(g) A member of a law enforcement agency in the
State may qualify for an operator's license by meeting
one of the following requirements:
(1) Having successfully completed training as
specified in subsection (e);
(2) Having at least one year's experience in the
operation of the approved breath alcohol
testing instrument; or
(3) Exhibiting through examination or
demonstration or both to the chief of police
sufficient skill in the operation and
interpretation of results of the approved
testing instrument.
(h) Prior approvals:
(1) Operator training programs approved by the
director of health as of the effective date
of this chapter shall continue to be approved
and remain in effect unless superseded or
revoked by the director of health in writing.
(2) Persons who have been approved by the chief
of police as operators as of the effective
date of this chapter shall be licensed by the
chief of police and shall continue to be
licensed as breath alcohol testing operators
upon renewal or until the expiration or
revocation of the license.
[EffJDECJ30,J1993JJ] (Auth:HRS §321-161) (Imp:
HRS §§321-161; 286-2; 286-151; 286-152; 286-
153; 286-154; 286-155.5; 286-158; 286-160;
286-162; 286-163; 286-171; 286-251; 286-254;
286-255; 286-256; 286-257; 286-258; 286-259;
291-4; 291-4.5; 291-5; 291-6; 291C-162; 321-
1; 321-9; 321-10; 321-18; 321-19; 321-20)