§ 13:51-1.2 Definitions
For the purpose of this chapter, and subchapters 1, 2, 3 and 4 thereof, the terms set forth herein are defined as follows:
“Alcohol Influence Report Form” and “check list” are interchangeable terms and shall mean the record required, pursuant to N.J.S.A. 39:4-50.2(b), 39:3-10.24b, or 12:7-55b.
“Approved instrument” shall mean a device or instrument approved by the Attorney General, at N.J.A.C. 13:51-3.5, for use in the chemical analysis of the breath of a person arrested pursuant to the provisions of N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46 or 2A:4A-23.
“Approved methods of chemical breath testing” shall mean those methods, approved by the Attorney General at N.J.A.C. 13:51-3.5, of testing and chemical analysis of the breath of a person arrested pursuant to the provisions of N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46 or 2A:4A-23.
“Approved methods of operation” shall mean those steps or operations, approved by the Attorney General at N.J.A.C. 13:51-3.6, for use in the chemical analysis, on an approved instrument, of the breath of a person arrested pursuant to the provisions of N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46 or 2A:4A-23.
“Approved school” shall mean police training academies and schools as approved by the Police Training Commission pursuant to N.J.S.A. 52:17B-67 et seq.; the Training Academy of the Division of State Police; and any similar academy, training center or school operated by, on behalf of, or for a law enforcement agency of the United States of America.
“Breath Test Coordinator/Instructor” shall mean a person who meets the eligibility requirements as set forth at N.J.A.C. 13:51-2 and is duly appointed thereunder.
“Breath Test Operator," “Chemical Breath Test Operator” or “Operator” are interchangeable terms and shall mean a law enforcement officer who is certified as a Chemical Breath Test Operator to perform analysis of an arrested person‘s breath utilizing an approved method of chemical breath testing, an approved instrument, and an approved method of operation (as defined herein) and as set forth at N.J.A.C. 13:51-3.5 and 3.6, and pursuant to the provisions of N.J.S.A. 39:4-50.3, 39:3-10.25 or 12:7-56.
“Calendar year” shall mean all days of a year commencing with and including January 1 of a specific year and continuing through and including December 31 of the same year.
“Calibrating unit” shall mean “Calibrating Units for Breath Alcohol Testers” as that phrase appears on, and as currently listed in, the United States Department of Transportation, National Highway Traffic Safety Administration (NHTSA), Highway Safety Programs: “Conforming Products List (CPL) of Calibrating Units for Breath Alcohol Testers” and “Model Specifications for Calibrating Units for Breath Alcohol Testers," (62 Federal Register 43416-43424, August 13, 1997), incorporated herein by reference, and as NHTSA may thereafter amend.
“Certification” shall mean the approval by the Attorney General of a person as an operator (as herein defined) and shall mean said person is qualified and competent to perform chemical breath test analysis utilizing an approved method of chemical breath testing and an approved instrument (as defined herein) and as set forth at N.J.A.C. 13:51-3 as authorized by N.J.S.A. 39:4-50.3, 39:3-10.25 or 12:7-56.
“Chemical analysis” shall mean the determination of the concentration of Ethanol (Ethyl Alcohol) in the breath wherein the concentration in grams of ethanol per 210 liters of breath will be reported as a percent, that is, 0.10 grams/210 liter equals 0.10 percent. Direct photometric measurement of ethanol, indirect photometric measurement of reaction products of ethanol and chemical reagents, chromatographic or electrochemical methods or a combination of these will all be considered “chemical analysis."
“Electrochemical analysis” shall mean the use of a catalytic conversion of Ethanol (Ethyl Alcohol) in the breath into acetaldehyde, acetic acid or carbon dioxide and the measurement of voltages generated in the reaction.
“Infrared analysis” shall mean the determination of the concentration of Ethanol (Ethyl Alcohol) by measurement of the absorption of infrared light of specific wavelength as the light passes through a cell of fixed length through which breath is flowing.
“Law enforcement officer” shall mean: a police or other law enforcement officer of the State of New Jersey who has completed the Basic Course for Police Officers as approved by the Police Training Commission, pursuant to the provisions of N.J.S.A. 52:17B-67 et seq., and the regulations adopted thereto; all sworn members of the Division of State Police; and law enforcement officers established by the laws of the United States of America.
“Operation of an approved instrument” shall mean operation of an approved instrument (as defined herein), using approved methods of operation (as defined herein) for that approved instrument.
“Operator‘s Certificate," “Breath Test Operator‘s Certificate” or “Chemical Breath Test Operator‘s Certificate” are interchangeable terms and shall mean a certificate issued under the authority of the Attorney General which bears the signatures or facsimile signatures of the Attorney General and the Superintendent of State Police.
“Organized police department” shall include all police and law enforcement agencies of the State of New Jersey; and all municipal and county police agencies of the various municipalities and counties of the State of New Jersey as established by law; and law enforcement agencies established by the laws of the United States of America.
“Photometric instrument” shall mean all approved instruments at N.J.A.C. 13:51-3.5(a).
“Photometry” shall mean the determination of the concentration of Ethanol (Ethyl Alcohol) in the breath by the measurement of the change in absorption of light of fixed wavelength by a solution of an oxidant which reacts with Ethanol from a fixed volume of breath.
“Recertification” shall mean the continuation of the certification of an operator upon compliance with the training as required by this subchapter.
“Replica” shall mean a document which is an operator‘s certificate (as defined herein) and which shall bear the signatures or facsimile signatures of the Attorney General and the Superintendent of State Police, and where authorized by this chapter, the signature or initials of a Breath Test Coordinator/Instructor, and which is of a size that permits it to be carried in the pocket, purse, wallet, etc., and includes replacements thereof as set forth at N.J.A.C. 13:51-1.12(c).
“Satisfactory completion of training” shall mean demonstrated competence of operation of chemical breath test analysis methods and devices or instruments approved by the Attorney General at N.J.A.C. 13:51-3.
HISTORY
HISTORY:
Amended by R.1987 d.229, effective May 18, 1987.
See: 19 New Jersey Register 444(b), 19 New Jersey Register 882(b).
Added N.J.S.A. cites to “approved instrument”, “approved methods”, “calendar year”, “operator” and “replica”.
Amended by R.1991 d.505, effective October 7, 1991.
See: 23 New Jersey Register 2248(b), 23 New Jersey Register 3032(c).
Added N.J.S.A. cites to “approved instrument”, “approved methods”, “certification”, “operator”.
Amended by R.1999 d.87, effective March 15, 1999.
See: 30 New Jersey Register 4321(a), 31 New Jersey Register 253(b), 31 New Jersey Register 770(b).
Rewrote the section.
Amended by R.2001 d.440, effective November 19, 2001.
See: 33 New Jersey Register 3243(a), 33 New Jersey Register 3902(b).
In the introductory paragraph, deleted “and” before “3” and inserted “and 4” preceding “thereof”; added “Calibrating unit”.
Chapter Notes
