N.Y. Comp. Codes R. & Regs. tit. 10 § 59.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 59.7 - Breath analyzer operator permits

(a) A permit valid for two years shall be issued by the commissioner to breath analysis instrument operators who have completed an approved program based upon standards acceptable to the training agency and certified by the commissioner. Such program shall consist of a minimum of 24 hours of instruction and training with identified learning objectives, supervised by one or more individuals certified as technical supervisors, and shall include:

(1) three hours of instruction on the effects of alcohol on the human body;

(2) five hours of instruction on operational principles of the selected techniques and methods, including a functional description and a detailed operational description of the breath analysis instrument(s) with a demonstration;

(3) five hours of instruction on the legal aspects of chemical tests generally, and of the particular techniques and methods to be employed;

(4) three hours of instruction on supplemental information to include nomenclature appropriate to the field of chemical tests for alcohol;

(5) six hours of laboratory participation using approved breath analysis instruments and simulators, or other reference standards;

(6) a passing score on a one-hour formal examination designed to evaluate whether the operator has met the course learning objectives; and

(7) a demonstration of analytical proficiency on each breath analysis instrument for which the operator is seeking certification.

(b) A permit as a breath analysis instrument operator shall be renewed for a two-year period, provided that, within the 120 calendar days preceding the permit's expiration date, the operator: completes a retraining program that minimally includes an instructional course in breath analysis designed to refresh and update the operator's knowledge in areas described in subdivision (a) of this section; satisfactorily meets the course's learning objectives as determined by a technical supervisor; demonstrates analytical proficiency on each breath analysis instrument for which the operator is seeking permit renewal; and attains a passing score on a formal examination; or, in lieu of such formal retraining, with the concurrence of the responsible training agency, provided that the operator and his/her superior officer submits to the training agency, a written declaration that the operator has performed six or more breath analyses on subjects in accordance with this Part on each breath analysis instrument for which the operator is seeking permit renewal during the 24 months preceding permit expiration. Notwithstanding such a submission, every four years all operators shall participate successfully in the retraining course described in this subdivision.

(c)

(1) Whenever a breath analysis instrument operator's permit is not renewed prior to the expiration date, the commissioner may extend such expiration date for 30 calendar days, provided that the training agency and operator jointly submit a written request for such extension, describing the reasons for the failure to renew in a timely manner. The operator's permit shall remain valid during the 30-day extension period.

(2) If the operator fails to meet the conditions for permit renewal pursuant to subdivision (b) of this section within the extension period authorized pursuant to paragraph (1) of this subdivision, the permit shall become void and not renewable; an operator whose permit becomes void may apply for a new permit by repeating the requirements of subdivision (a) of this section; and the effective date of any such new permit shall be the date of commissioner approval, without back dating to the date on which the prior permit became void.

(d) A training agency shall submit to the commissioner documentation of breath analysis instrument operator training for initial issuance and renewal of a permit in a format designated by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 59.7