Govt extends deadline for comments on breath analyzers draft rules

New Delhi: The ministry of consumer affairs has decided to extend the last date for submission of comments on the proposed new draft rules for breath analyzers, commonly known as breathalyzers.

Originally set for 26 July, the new deadline is now 16 August, as stated in a government order. The consumer affairs ministry had notified new draft rules on 27 June.

As per the new draft rules, these analyzers must follow standardized testing procedures, ensuring consistent and reliable results across different devices. The standardization is aimed at enhancing public confidence in the fairness and accuracy of enforcement actions.

“Breath analyzers are used in various fields, including law enforcement, where they measure blood alcohol concentration (BAC) in drivers to enforce drunk driving laws and detect drugs and other substances,” the government notification said.

Breathalyzers measure breath alcohol content with the driver having to breathe into it.

This is significant given that cases of drunken driving are on the rise, leading to an increase in road fatalities.

According to data from the ministry of road transport and highways, cases of drunken driving increased from 9,150 in 2021 to 10,080 in 2022. This rise contributed to an increase in road fatalities from 3,314 in 2021 to 4,201 in 2022.

Breathalyzers need to be verified and stamped according to the Legal Metrology Act, 2009, to ensure their accuracy, it said.

This verification will protect individuals from wrongful penalties due to faulty equipment and help maintain the integrity of legal and workplace policies.

Breathalyzers are also used for air traffic controllers, aircraft maintenance engineers, and in railways.

Recently, the Directorate General of Civil Aviation (DGCA) increased the mandatory breathalyzer test coverage for its staff from 10% to 25%. This expanded coverage will apply to air traffic controllers, ground staff, aircraft maintenance engineers, and ground handling services personnel.

Medical diagnostics

In medical diagnostics, breathalyzers can help diagnose conditions like diabetes by detecting acetone, as well as Helicobacter pylori infections.

“Providing the public with stamped and verified Evidential Breath Analyzers can increase awareness of alcohol’s effects on impairment and the legal limits for safely operating vehicles and machinery. This initiative promotes responsible behaviour and informed decision-making,” the notification said.

Consumer advocacy groups have welcomed this move, emphasizing the importance of public participation in the rule-making process. They argue that the standardized procedures and increased accuracy of breath analyzers will not only enhance public safety but also build trust in enforcement mechanisms.

“The extension of the deadline for comments is seen as a positive step, allowing more stakeholders to provide input on the proposed rules,” said Ashim Sanyal, CEO of Consumer Voice.

The DGCA’s increased coverage for mandatory testing reflects an understanding of the critical roles these professionals play in ensuring safety, he said.