N.J. Admin. Code § 13:19-6.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:19-6.4 - Requirements for use of BAIIDS installed to meet sentencing requirements

(a) In order to have a driver license restored, an offender required by the court to have a BAIID installed as part of a sentence imposed under N.J.S.A. 39:4-50 and 39:4-50.17:

1. For an offense committed prior to December 1, 2019 or after January 1, 2024, shall have installed, in the motor vehicle principally operated by the offender during and following the expiration of the period of license suspension imposed, a BAIID that has been certified by the Chief Administrator under N.J.A.C. 13:19-6.7, and for the duration of the court's order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.

2. For an offense committed on or after December 1, 2019 through January 1, 2024, shall have installed, in one motor vehicle the person owns, leases, or principally operates, whichever the person most operates, pursuant to the sentence imposed by the court under N.J.S.A. 39:4-50 and pursuant to N.J.S.A. 39:4-50.17, a BAIID that has been certified by the Chief Administrator under N.J.A.C. 13:19-6.7. For the duration of the court's order, an offender shall not drive any vehicle other than the one in which an ignition interlock device has been installed pursuant to the order.

(b) The BAIID shall be installed by a service center designated by the Chief Administrator under this subchapter.

(c) The offender shall take or shall have taken each vehicle in which a BAIID is installed to a service center designated by the Chief Administrator at the service intervals required by the manufacturer of the BAIID, for periodic servicing and calibration.

(d) A BAIID installed as part of a sentence:

1. For an offense committed prior to December 1, 2019 or after January 1, 2024, imposed under N.J.S.A. 39:4-50 and 39:4-50.17, shall not be removed until the date of the completion of the offender's interlock sentence as designated on the driver license document, unless the offender first surrenders his or her driver's license to the Commission.

2. For an offense committed on or after December 1, 2019 through January 1, 2024, imposed under N.J.S.A. 39:4-50 and 39:4-50.17, shall not be removed until the date of the completion of the offender's interlock sentence and submission of the certification of compliance to the Commission, pursuant to N.J.S.A. 39:4-50.18 and N.J.A.C. 13:19-6.11, unless the offender first surrenders his or her driver's license to the Commission.

N.J. Admin. Code § 13:19-6.4

Amended by 52 N.J.R. 1435(a), effective 7/20/2020