N.Y. Comp. Codes R. & Regs. tit. 9 § 4104.12
Current through Register Vol. 46, No. 45, November 2, 2024
Section 4104.12 - Test for alcoholic consumption(a) Each track shall provide a device approved by the commission in the paddock capable of measuring the presence of alcohol by weight within the blood. The commission shall only approve the use of breath analysis instruments that have been approved by the National Highway Traffic Safety Administration. The use of such device shall be under the supervision of the commission steward or commission designee.(b) Tests shall be administered to such licensees and officials at such times as directed by the presiding judge or other commission designee and shall be administered by only qualified individuals employed by the commission.(c) Violations. The following shall constitute violations: (1) Refusal to take such test shall constitute a violation of this section.(2) The presence of .05 percent or more alcohol in the blood by weight per volume as indicated by said device shall constitute alcoholic impairment and be a violation of this section. Blood alcohol concentration (BAC) means the weight amount of alcohol contained in a unit volume of blood, measured as grams ethanol/100ml blood and expressed as percent BAC.(d) A driver who is alcoholically impaired or who refuses to be tested shall not compete and may be fined or suspended. An official who is alcoholically impaired or refuses to be tested shall not be assigned duties and a report thereof shall be made immediately to the commission. Any other licensee who is alcoholically impaired or refuses to be tested shall not be permitted to continue to perform in a licensed capacity on that day. In the event of a violation of this section, the commission may take such other action as is deemed appropriate, including fine, revocation, suspension or the conditioning of continued licensing upon the satisfactory enrollment in and completion of a state certified treatment program.N.Y. Comp. Codes R. & Regs. Tit. 9 § 4104.12