Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2658 - Operator training and certification

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				department shall train and certify personnel of law enforcement agencies to
				perform various functions as described in this rule, and designate those
				individuals as class I, class II, class III class IVA, or class IVB operators.
				An operator may hold multiple and concurrent classifications. To maintain a
				class III certification, each class III operator certified after January 1,
				2022 is required to re-certify every 2 years. Class III operators certified
				before January 1, 2022 are required to recertify before December 31, 2023, and
				every 2 years after that. Any class III operator who fails to recertify before
				the current certification expires is required to attend and successfully
				complete the class III operator training as detailed in
				R 325.2658(2)(c).
				An operator whose certification has lapsed can testify about incidents that
				occurred during their valid certification period.
(2) The minimum training requirements and
				proficiency standards for operator certification are as follows:
(a) A class I operator shall complete a class
				I training course approved by the department, and obtain a minimum score of 70%
				on a written examination administered by the department. An individual that
				fails the examination is provided an opportunity to retake the written
				examination. An individual that fails the second attempt to pass the written
				examination shall retake the class I training course and successfully pass the
				examination to qualify for the class I certification.
(b) A class II operator shall complete a
				class II training course approved by the department, and obtain a minimum score
				of 70% on a written examination administered by the department. An individual
				that fails the examination is provided an opportunity to retake the written
				examination. An individual that fails the second attempt to pass the written
				examination shall retake the class I training course and successfully pass the
				examination to qualify for the class II certification.
(c) A class III operator shall be currently
				certified as a class II operator, complete a class III training course approved
				by the department, obtain a minimum score of 70% on a written examination
				administered by the department, and demonstrate proficiency in the use of an
				evidential breath testing instrument. An individual that fails the examination
				or fails to demonstrate the required proficiency is provided an opportunity to
				retake the written examination or demonstrate the required proficiency. An
				individual that fails the second attempt to pass the written examination or
				fails to demonstrate the required proficiency shall retake the class III
				training course and successfully pass the written examination and demonstrate
				the required proficiency to qualify for the class III certification.
(d) A class IVA operator shall be currently
				certified as a class III operator and complete a class IVA training course
				approved by the department.
(e) A
				class IVB operator shall be currently certified as a class IVA operator. Before
				class IVB certification, the class IVB operator shall receive additional
				training in the repair and service of evidential breath instruments from the
				manufacturer of the instruments or by a current class IVB operator, if the
				manufacturer is unavailable for training.