§ 13:51-1.8 Operator certification reinstatement
(a) The certification of an operator will become invalid on the day following the date set for expiration of the operator‘s present valid certification as set forth at N.J.A.C. 13:51-1.7, if the operator has not satisfied the requirement for recertification, as set forth at N.J.A.C. 13:51-1.6(c), before the expiration of said valid certification.
(b) An operator whose certification has become invalid for failing to be recertified, as set forth at N.J.A.C. 13:51-1.6(c), and whose certification has been invalid for less than one year, must attend and satisfy the requirements of the reinstatement and recertification course, as set forth at N.J.A.C. 13:51-1.6(d), conducted by the Division of State Police. Reinstatement and recertification under this subsection must be completed before one year from the expiration date set forth in (a) above, otherwise the operator must satisfy the requirements, as set forth at N.J.A.C. 13:51-1.8(c).
(c) An operator whose certification is invalid for failing to be recertified, as set forth at N.J.A.C. 13:51-1.6(c), or reinstated and recertified, as set forth at N.J.A.C. 13:51-1.6(d), and whose certification has been invalid for one year or more from the date of expiration set forth in (a) above, must attend and satisfy the requirements of the initial certification training course, as set forth at N.J.A.C. 13:51-1.6(a), conducted by the Division of State Police.
(d) Any test conducted to analyze a person‘s breath, pursuant to procedures and methods contained in this chapter, by an operator whose certification is suspended, revoked, or invalid at the time such test is conducted, shall be considered invalid for presentation in evidence or testimony in a court of law or administrative hearing.
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).
In (a), substituted “become invalid on the day following” for “be automatically suspended on” following “operator will”; rewrote (b) and (c); and in (d), substituted ", revoked, or invalid” for “or automatically suspended," following “suspended”.
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 course 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
