Calibration Frequency - Evidential Breath Analizer

[Tungsten]

Hi, I have a question as well. I am reviewing past calibration records of a particular instrument.

One of the calibration date shows 03 March, 2006 on the cert. The next cert date shows 19 September, 2006. The recall interval is 6 mos.

My question is that isn't the next date should have shown 03 September, 2006 instead of the 19th of September?

Thank you for your input.

Regards,

Tungsten

[Jim Wynne]

Originally Posted by Tungsten

Hi, I have a question as well. I am reviewing past calibration records of a particular instrument.

One of the calibration date shows 03 March, 2006 on the cert. The next cert date shows 19 September, 2006. The recall interval is 6 mos.

My question is that isn't the next date should have shown 03 September, 2006 instead of the 19th of September?

Thank you for your input.

Regards,

Tungsten

What are the requirements? If the documentation says that recall has to happen in the month that the instrument comes due, there's no problem. If the documentation says that the thing must be recalled on or before the end date, then there might be a minor issue. What's the statute of limitations? Why worry about something that happened nearly three years ago?

[Tungsten]

Hi, Thanks for you all for the prompt reply. I have no cal procedure available. This particular equipment is a LION Intoxilizer 6000 IRL EBA (Evidential Breath Analizer) currently used by the Limerick (Ireland) Garda (Police) for evidential breath tests to determine the amount of alcohol in the breath (micro grammes in 100 ml of breath).

My job is to dig up the "dirt", and prove it to the court that there are (several) holes in the calibration intervals and the subject equipment was used from time to time in "out of calibration", otherwords it was ovedrue.

Regards and many thanks.

Tungsten

[Tungsten]

Originally Posted by Jim Wynne

What are the requirements? If the documentation says that recall has to happen in the month that the instrument comes due, there's no problem. If the documentation says that the thing must be recalled on or before the end date, then there might be a minor issue. What's the statute of limitations? Why worry about something that happened nearly three years ago?

Thanks Jim for your input. Yeah, why should we worry...about something that happened almost 3 years ago. I wish it was that easy. I am involved in a court case where my job is to find holes whether the instrument (a breath analyzer) used for breath tests used during out of calibration condition.

Regards,

Tungsten

[bobdoering]

Originally Posted by Tungsten

My job is to dig up the "dirt", and prove it to the court that there are (several) holes in the calibration intervals and the subject equipment was used from time to time in "out of calibration", otherwords it was overdue.

A weak defense might come from if that device - wherever it was used - ever failed a calibration. If so, how long was the calibration period? Because that would provide evidence that the period was potentially too short.

However, that can be easily countered if they can show that the device passed the previous calibration prior to the event in question, and a calibration after the event. That infers that it was in calibration throughout the period, whether it was late or not, leaving a need for another defense - such as operator training, documentation, etc.

Late calibration is only a risk that later calibration may find the device out of calibration, causing all data back to the previous calibration to be suspect. It is not evidence of out of calibration. A jury might not be able to follow that logic, though.

Of course, this is not legal advice - but it is a good place to start...

[Tungsten]

Hi, and thanks very much for your reply. So, otherwords if I stopped by the cops on 19th and they took a breath test with a device which was due for calibration on the 12th of the same month, there is no, or little argument from the point of legality?

[bobdoering]

Originally Posted by Tungsten

Hi, and thanks very much for your reply. So, otherwords if I stopped by the cops on 19th and they took a breath test with a device which was due for calibration on the 12th of the same month, there is no, or little argument from the point of legality?

IF the calibration on the 25th showed the device in calibration, no - there is little to stand on. (Again - not legal advice - but good gage advice)

[Tungsten]

This is getting interesting.... Actually, the next calibration did show the equipment in calibration with a note on the service record that the No. 1 Ethanol cylinder was replaced (the record did not say whether it was faulty, empty or there was a leak). The purpose of the ethanol cylinder (there are two altogether) in the unit is to self-calibrate the device prior to the breath test, and post self-calibrate again at the end of the test. It called the "blank" and it should show zero value.

The other thing is what looks interesting that the test was done at 14.5C, .5C BELOW the OIML International Atmospheric Recommendation on Evidential Breath Analyzers. The guide clearly states that for non-portable EBA's the rated operating conditions must be between 15 deg.C and 35 deg.C.

0.5C does not make much of the difference on the value of the outcome, but in the point of legality (I think...) could be challenged.

Back to the cal intervals, I am wondering why there is calibration intervals at all? Few days here and there out of calibration, seems like does not matter.

Any thoughts would be appreciated. - Thank you!