§ 13:51-1.6 Certification training requirements
(a) Initial operator certification requirements are as follows:
1. Subject to the requirements at N.J.A.C. 13:51-1.4(a), initial certification of an applicant, to become an operator for breath test instruments approved at N.J.A.C. 13:51-3.5(a)1, requires satisfactory completion of a minimum of five days of training as prescribed and conducted by the Division of State Police. Such training shall include:
i. Instruction in the metric system;
ii. Instruction in mathematical calculations as required;
iii. Statutory and case law;
iv. Instruction and training in the operation of the approved instrument;
v. Laboratory practice with air samples passed through test solutions of alcohol and air samples taken from human subjects;
vi. Written examinations; and
vii. Successful completion of a test for competency.
2. Subject to the requirements at N.J.A.C. 13:51-1.4(a), initial certification of an applicant, to become an operator for breath test instruments approved at N.J.A.C. 13:51-3.5(a)2, requires satisfactory completion of a minimum of three days of training as prescribed and conducted by the Division of State Police. Such training shall include:
i. Statutory and case law;
ii. Instruction and training in the operation of the approved instrument;
iii. Laboratory practice with air samples passed through test solutions of alcohol and air samples taken from human subjects;
iv. Written examinations; and
v. Successful completion of a test for competency.
(b) Subject to the requirements at N.J.A.C. 13:51-1.4(c), certification of an operator, whose certification is valid, on 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, requires satisfactory completion of a minimum of one day of training as prescribed and conducted by the Division of State Police. Such training shall include:
1. Statutory and case law;
2. Instruction and training in the operation of the approved instrument;
3. Laboratory practice with air samples passed through test solutions of alcohol;
4. A written examination; and
5. Successful completion of a test for competency.
(c) Subject to the requirements at N.J.A.C. 13:51-1.4(d), recertification of an operator, whose certification is valid, requires satisfactory completion of a minimum one day of training as prescribed and conducted by the Division of State Police. Such training shall include:
1. Statutory and case law;
2. Instruction and training in the operation of the approved instrument;
3. Laboratory practice with air samples passed through test solutions of alcohol;
4. A written examination; and
5. Successful completion of a test for competency.
(d) Subject to the requirements at N.J.A.C. 13:51-1.4(e), reinstatement and recertification of an operator, whose certification is invalid, pursuant to N.J.A.C. 13:51-1.8(a), and to whom the requirements as set forth at N.J.A.C. 13:51-1.8(b) apply, requires satisfactory completion of training as set forth at N.J.A.C. 13:51-1.6(c).
(e) The Superintendent, or his or her designee, has the authority to disqualify or remove any person from training provided under this section.
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.
Amended by R.2001 d.440, effective November 19, 2001.
See: 33 New Jersey Register 3243(a), 33 New Jersey Register 3902(b).
In (a)1 and 2, amended N.J.A.C. references that precede ", requires” in the introductory paragraphs.
CASE NOTES:
Recertification 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
