§ 13:51-3.2 Application for approval
(a) The Superintendent of the Division of State Police is designated by the Attorney General as the official to whom all applications for approval of instruments, methods and operational functions shall be made.
(b) Primarily, evaluation will be dependent upon test results reflecting reliability for satisfactory specificity, precision and accuracy. The instrument and component parts necessary for operation shall be supplied at the expense of the applicant.
(c) Any evaluating reports by the applicant, other governmental agencies or entities, including, but not limited to, agencies or entities in other states, the Federal government, or of another sovereign nation, or independent investigating groups shall be forwarded, with the instrument, along with operating servicing and maintenance manuals, schematic drawings and other detailed information.
(d) The applicant shall make every reasonable effort to provide information on litigation involving the judicial acceptance of the instrument, or challenges to the reliability or operability of the instrument, heard by, or pending before, courts of any other jurisdictions (state or Federal) in the United States of America. Such information shall include, but not be limited to, reported and unreported decisions, transcripts of relevant testimony, reports of experts, published studies or other similar materials, and such other materials as the Superintendent may request.
(e) Upon completion of evaluation of an instrument, method and/or operational function, the Superintendent shall recommend approval or rejection of the same to the Attorney General. The Attorney General, upon review of the recommendations, shall approve or reject the instrument, method and/or operational function pursuant to law (N.J.S.A. 39:4-50.3, 39:3-10.25 or 12:7-56).
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. 12:7-56.
Amended by R.1991 d.505, effective October 7, 1991.
See: 23 New Jersey Register 2248(b), 23 New Jersey Register 3032(c).
In (d), added "N.J.S.A. 39:3-10.25".
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 (c), inserted ", other governmental agencies or entities, including but not limited to, agencies or entities in other states, the Federal government, or of other sovereign nation," following “applicant”; inserted a new (d); and recodified former (d) as (e).
CASE NOTES:
Breathalyzers manufactured by successor corporation did not have to be recertified where prior approval was by model and not manufacturer. State v. Laurick, 231 N.J.Super. 464, 555 A.2d 1133 (A.D.1989), certification granted 117 N.J. 52, 563 A.2d 819, reversed 120 N.J. 1, 575 A.2d 1340, certiorari denied 111 S.Ct. 429, 498 U.S. 967, 112 L.Ed.2d 413.
Fact that manufacturer was not on approved list, did not render inadmissible results of tests on its breathalyzer. State v. Samarel, 231 N.J.Super. 134, 555 A.2d 40 (A.D.1989).
Chapter Notes
