N.J. Admin. Code § 13:51-4.3

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:51-4.3 - Periodic inspection or calibration check of approved instruments

(a) The following concern the calibration check of approved instruments:

1. All approved instruments that employ the infrared analysis and electrochemical analysis approved method of chemical breath testing, as set forth in N.J.A.C. 13:51-3.5(a)1 or 2, when used in this State in connection with taking of breath samples under the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24.b or 12:7-55.b, or in connection with the prosecution of a person pursuant to the provisions of N.J.S.A. 39:4-50et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46, 12:7-55, or 2A:4A-23 shall be subject to a calibration check.

2. The periodic inspections shall be performed by a Breath Test Coordinator/Instructor.

3. The results of each periodic inspection shall be recorded on forms provided by the Superintendent of the Division of State Police.

i. An original, duplicate original, or copy of each periodic inspection shall be maintained by the Division of State Police pursuant to 13:51-4.2(a)2.

ii. An original, duplicate original, or copy of each periodic inspection performed under this subsection, of an approved instrument under the custody and control of an organized police department, other than an approved instrument under the custody and control of the Division of State Police, shall be maintained by the organized police department having custody and control of the approved instrument.

(b) The following concern the calibration check, infrared analysis and electrochemical analysis instruments:

1. All approved instruments which employ the infrared analysis and electrochemical analysis approved method of chemical breath testing, as set forth in 13:51-3.5(a)2, when used in this State in connection with taking of breath samples under the provisions of 39:4-50.2(b), 39:3-10.2 4b or 12:7-55b, or in connection with the prosecution of a person 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, 12:7-55 or 2A:4A-23 shall be subject to a calibration check.

2. A calibration check shall be performed by a Breath Test Coordinator/Instructor.

3. A calibration check shall be performed when an approved instrument:

i. Is initially placed into service;

ii. Is returned to service after repair;

iii. Within 182 days after a calibration check conducted pursuant to (a)3i or ii above; and

iv. Thereafter, within 182 days after any calibration check conducted pursuant to (a)3i, ii, or iii above or after a discretionary calibration check conducted pursuant to (a)4 below.

4. A calibration check may be performed at any time a Breath Test Coordinator/Instructor, in the exercise of his or her discretion, deems a calibration check is necessary or otherwise appropriate.

5. The results of each calibration check shall be recorded on forms and in the manner specified by the Superintendent of the Division of State Police.

i. An original, duplicate original, or copy of each calibration check shall be maintained by the Division of State Police pursuant to 13:51-4.2(a)2.

ii. An original, duplicate original, photocopy, or electronic copy of each calibration check, performed under this subsection, of an approved instrument under the custody and control of an organized police department, other than approved instruments under the custody and control of the Division of State Police, shall be maintained by the organized police department having custody and control of the approved instrument.

N.J. Admin. Code § 13:51-4.3

Amended by 50 N.J.R. 1818(c), effective 8/6/2018