Haw. Code R. § 11-114-10

Current through September, 2024
Section 11-114-10 - Operators
(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 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director of health as of the effective date of this chapter shall continue to be approved and remain in effect unless superseded or revoked by the director of health in writing.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.

Haw. Code R. § 11-114-10

[Eff DEC 30 1993] (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)