New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of this chapter, the terms set forth herein are defined as follows:
"Alcohol Influence Report" shall mean the record required, pursuant to N.J.S.A. 39:4-50.2(b), 39:3-10.24.b, or 12:7-55.b.
"Approved instrument" shall mean a device or instrument approved by the Attorney General, at 13:51-3.5, for use in the chemical analysis of the breath of a person arrested pursuant to the provisions of 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 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 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 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 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 alcohol concentration" shall mean the percentage of ethyl alcohol by volume measured in grams of ethanol per 210 liters of breath, that is, 0.10 grams/210 liters equals 0.10 percent.
"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 13:51-3.5 and 3.6, and pursuant to the provisions of 39:4-50.3, 39:3-10.2 5 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's (NHTSA) "Highway Safety Programs; Conforming Products List of Calibrating Units for Breath Alcohol Testers," 77 Federal Register 64588-64590 (October 22, 2012), 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 39:4-50.3, 39:3-10.2 5 or 12:7-56.
"Chemical analysis" shall mean the determination of the concentration of ethanol (ethyl alcohol) in the breath using an approved "Evidential Breath Alcohol Measurement Device" as currently listed on the United States Department of Transportation, National Highway Traffic Safety Administration's (NHTSA), "Highway Safety Programs; Conforming Products List of Evidential Breath Alcohol Measurement Devices," 77 Federal Register 35747-35751 (June 14, 2012), incorporated herein by reference, and as NHTSA may thereafter amend.
"Electrochemical analysis" shall mean the measurement of current (voltage/resistance) generated from the catalytic conversion of ethanol (ethyl alcohol) in the breath into acetaldehyde, to acetic acid with the final product being carbon dioxide and water.
"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 or Basic Course for Investigators as approved by the Police Training Commission, pursuant to the provisions of N.J.S.A. 52:17B-67et 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.
"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 that is an operator's certificate (as defined herein), 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. A "replica" includes the initial Operator's Certificate and any replacements there of 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