Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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67 Pa. Code § 77.21. Purpose.

§ 77.21. Purpose.

 This subchapter applies to equipment and operator training, test procedures and accuracy certification requirements for evidentiary breath test equipment used to determine the alcoholic content of the blood of persons suspected of operating a motor vehicle while under the influence of alcohol as provided in 75 Pa.C.S. §  1547 (relating to chemical testing to determine amount of alcohol or controlled substance) and 30 Pa.C.S. §  5125(c) (relating to chemical testing to determine amount of alcohol or controlled substance) on or after December 22, 1984.

Source

   The provisions of this §  77.21 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 (140059).

Notes of Decisions

   Certificates of calibration and accuracy were not presumptive evidence of accuracy of breath test results but were only presumptive evidence of completion of proper testing for accuracy of breath test equipment. Commonwealth v. Sloan, 607 A.2d 285 (Pa. Super. 1992).



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