New Jersey § 39:8-66

§ 39:8-66.

a. The commission , in consultation with the Department of Environmental Protection and the Department

of Transportation, shall establish procedures by which test methods established pursuant

to section 3 of this act 1 shall be conducted in the periodic inspection program and in the roadside enforcement

program. b. The commission , in consultation with the Department of Transportation and with the approval of the

Attorney General, may, by rule or regulation, require that personnel from, and agents

of, the commission and the Department of Transportation, and personnel from the Division of State Police,

who perform the test methods utilized in the roadside enforcement program, and licensees

and persons employed by licensees who perform the tests and test methods utilized

in the periodic inspection program in accordance with the provisions of section 11

of this act, 2 be trained to do so and be examined, periodically if the rule or regulation so provides,

to ensure that their training and competence are adequate. Testing in the roadside enforcement program may be conducted by personnel from the commission , or the Division of State Police, or by agents appointed by or under contract with

the commission . c. The commission , in consultation with the Department of Environmental Protection and the Department

of Transportation and with the approval of the Attorney General, shall designate one

or more test methods among those established pursuant to section 3 of this act that

shall be utilized in the roadside enforcement program established pursuant to section

6 of this act. 3 The commission , in consultation with the Department of Transportation and with the approval of the

Attorney General, shall establish a form or forms upon which the results of these

designated tests or test methods shall be reported in the ordinary course. The form shall contain a statement or statements establishing the following: the

type of test performed; the result achieved; that the person completing the form

is the person who performed the test; that the tester has been certified by the commission as having adequate training and competence to perform the test; that the tester

is an employee or agent of the State and was acting in an official capacity when the

tester performed the test; and any other information that the commission may prescribe. The form shall contain a certification subscribed by the person performing the test

and certifying that that person did perform the test in a proper manner and believes

the test results to be valid and accurate. The presentation of a form prepared in accordance with the provisions of this subsection

to a court by any party to a proceeding shall be evidence that all of the requirements

and provisions of this subsection have been met and that the form has been prepared

in accordance with the provisions of this subsection. The form shall be admissible evidence as proof of the statements contained therein

in any civil penalty proceeding brought pursuant to the provisions of this act or

any rule or regulation adopted pursuant thereto. A copy of the form shall be served, if practicable, with the complaint and summons

upon the defendant or the defendant's agent for service of process; and, in any event,

shall be served upon such person at least 20 days before the hearing. Whenever the form is served upon a defendant or a defendant's agent, together with

the complaint and summons, the law enforcement officer serving the form shall execute

and file with the court a proof of service on a form prescribed by the Administrative

Director of the Courts and in a manner consistent with the Rules Governing the Courts

of the State of New Jersey. The form shall not be admissible if it is not served at least 20 days before the

hearing, provided that the court, upon a showing of good cause and that the defendant

is not prejudiced, may postpone the hearing, subject to the Rules Governing the Courts

of the State of New Jersey. d. A roadside inspection of a diesel bus to enforce standards adopted pursuant to

section 3 of this act shall be conducted only in conjunction with a roadside safety

inspection that is conducted pursuant to law, rule or regulation. 1

N.J.S.A. § 39:8-61. 2

N.J.S.A. § 39:8-69. 3

N.J.S.A. § 39:8-64.