§ 13:51-1.7 Validity and duration of certification
(a) Initial certification of an operator will be documented by the issuance of a certificate and replica which shows that the operator has completed the required course of training, including the date of the initial course completion and type of approved instrument, or instruments, upon which the operator has been certified. Said certification, as evidenced by the certificate and replica, shall become valid upon satisfactory completion of training for initial certification, as described at N.J.A.C. 13:51-1.6(a), and shall remain valid throughout the remainder of the calendar year corresponding to the date of initial course completion and shall remain valid throughout the next two calendar years.
(b) Recertification of an operator will be deemed continued as valid upon the satisfactory completion of training for recertification, as described at N.J.A.C. 13:51-1.6(c). Recertification shall be valid throughout the remainder of the calendar year corresponding to the completion date of the recertification course and shall remain valid throughout the next two calendar years.
(c) Reinstatement and recertification of an operator whose certification has become invalid pursuant to N.J.A.C. 13:51-1.8(a), and who has been reinstated and recertified pursuant to N.J.A.C. 13:51-1.8(b) or (c), shall be deemed to be valid for all purposes as of, and from the date of, reinstatement and recertification. This reinstatement and recertification shall thereafter be valid throughout the remainder of the calendar year corresponding to the date of the reinstatement and recertification course and shall remain valid throughout the next two calendar years.
(d) The certification of an operator pursuant to N.J.A.C. 13:51-1.6(b), or the recertification of an operator pursuant to N.J.A.C. 13:51-1.6(c) or the reinstatement and recertification of an operator pursuant to N.J.A.C. 13:51-1.6(d), is considered validated when the replica is signed and dated by a Breath Test Coordinator/Instructor and, for certifications under N.J.A.C. 13:51-1.6(b), when the name of the approved instrument is entered on the replica.
(e) Certification of an operator with a valid certification for an instrument approved at N.J.A.C. 13:51-3.5(a), other than the instrument upon which the operator was previously trained and certified, will be deemed as valid upon satisfactory completion of training, as described at N.J.A.C. 13:51-1.6(b), and shall remain valid for the term of the original and current valid certification.
HISTORY
HISTORY:
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.
CASE NOTES:
Fact that initial training course completion date was not set forth on breath test operator‘s certification card did not render card invalid, and thus exclusion of defendant‘s breath test results was not warranted, in prosecution for driving while intoxicated; exclusionary provision of administrative code, which was applicable to an uncertified operator whose qualifications had lapsed for failure to attend appropriate recertification courses, did not apply to operator, as his card was facially deficient, but he was otherwise qualified, and date establishing validity of card was date of issuance, not course completion date. State v. Sohl, 363 N.J.Super. 573, 833 A.2d 1104.
Recertification in one day counsel of breathalyzer operator whose certification has been suspended for less than one year for failure to recertify. State v. Ernst, 230 N.J.Super. 238, 553 A.2d 356 (A.D.1989), certification denied 117 N.J. 40, 563 A.2d 811.
Chapter Notes
