Purpose:

To obtain an admission from a CFS scientist that expectation of ATC Best Practices Recommendation is for annual inspection of wet-bath simulator to ensure it meets manufacturer's specifications

To obtain an admission from a CFS scientist that manufacturer's specification for a Guth 2100 simulator is 34.00 +/- .05 degrees C, not just 34.0 +/- .2 degrees C.

MR. BISS: Q. Now, can you just – sorry – can you just tell us a little bit more – we’ve

been talking a lot about wet bath simulators. A. Yes. Q. Intoxilyzer 8000Cs in Ontario are never used alone. We always use them with a

wet bath simulator which is different from other provinces like

Alberta, who these days are using a dry gas instead. A. I have no knowledge of what Alberta’s using. But I know that wet [sic] gas is available and can be used with an approved instrument, whether it’s an Intoxilyzer 8000C or another one on the list, in Canada. Q. Dry – dry gas. You said wet gas.

A. Sorry. Dry gas. Q. Dry gas. All right, so.... A. It’s the same – same idea. It’s a gas that contains a known concentration of alcohol and that is injected into the instrument at the appropriate time and it determines the concentration.

Q. All right. A. And it has its ups and downs but it has a lot less variability associated with than a wet bath simulator, determination of the external calibration of the instrument. Q. All right. A. And I’m really not qualified to speak about dry gas. Q. I’m not going to ask you... A. Okay. Q. ...about dry gas. MR. BISS: All right, did I pass one of these up to His Honour? THE COURT: Yes, I’ve got it. MR. BISS: All right, now Your Honour will see there’s a note at the top of it, an exhibit number, that has nothing to do with us. That’s from another case that I had the privilege of cross-examining Mr. P on in L’Orignal, Ontario. THE COURT: I’m familiar with the name. A. We’ve been around the province together, yes, we have. MR. BISS: Yes. All right. Q. Just in terms – this is a manual – what is this document?

A. This appears to be some kind of operator’s manual for the Model 2100 Simulator. Q. Yes. A. Guth simulator. Q. Same document I showed you in L’Orignal? A. That was three or four years ago. Q. Right. A. But, it looks similar to a copy of what we have at the lab. Q. Right. Under introduction, page one. First paragraph, what does it say about what a Guth Model 2100 Alcohol Breath Simulator is? A. “The Guth Model 2100 Alcohol Breath Simulator is a state of the art, electronically temperature controlled water alcohol instrument for the purpose of providing a precise calibration standard. Temperature of the water alcohol solution placed in the simulator is maintained at 34 degrees Celsius plus or minus 0.5 degrees Celsius or better.” Do you want me to keep reading? Q. I’m sorry, at point zero five. A. Yeah, 34 degrees Celsius plus or minus .05 degrees Celsius. Q. Yes. The simulator used in this particular case, the serial number begins with a D-R and – do we have that document? A. I think it’s the alcohol influence report? Q. It might be there, but.... A. Yes, here it is. D-R-6-1-3-5. Q. Yes. A. Yes, it’s on the... Q. That’s a.... A. ...alcohol influence report, [the local]

Police. Q. That’s – that’s a Guth 2100 simulator? A. It is, yes. Q. Second page of this document says it maintains a precise temperature of 34 degrees Celsius plus or minus .05 degrees Celsius or better. Right? A. That’s what it says. Q. So, even though the rule in Ontario is – in the Alcohol Test Committee’s rule, is you only use the simulators at 34.0 plus or minus 0.2 degrees Celsius. A. Correct, yes. Q. The instrument itself, is capable and the manufacturer’s specification for the simulator is that it maintains a precise temperature of 34 degrees Celsius plus or minus .05 degrees Celsius, which is much tighter than .2 degrees Celsius, plus or minus. A. Yes. That’s it’s performance statistics. It will maintain the temperature within that range and the acceptable range is within plus or minus 0.2 degrees Celsius of 34. Q. Yes. And the expectation in the recommended standard on best practices, the current one, by the Alcohol Test Committee in the expectation that instruments and accessory equipment be inspected annually or periodically to confirm that they comply with manufacturer’s specifications. Expressly within that best practices, simulators are included as accessory equipment. A. Correct. Q. So, the expectation of the alcohol test committee or it’s recommendation is that simulators as well as the Intoxilyzer 8000C need to be annually inspected or periodically inspected to conform with the manufacturer’s

specifications. A. Yes. Q. And this particular instrument, the Guth 2100 simulator, it is, according to the manufacturer, supposed to be maintaining a precise temperature of 34 degrees Celsius, plus or minus .05 degrees Celsius, according to the manufacturer. A. Yes.

See also blog entry: "34.00 +/- .05 C is manufacturer's spec"

See also Tips Index re Simulators and 34.00 tag at this site .

#crossex #manufacturersspecifications

#inspection #simulator #wetbath #manufacturersspecifications #3400