12 NCAC 09C .0308         SPEED MEASURING INSTRUMENT (SMI) OPERATORS CERTIFICATION PROGRAM

(a)  Only those individuals currently certified as a law enforcement officer or appointed personnel of a law enforcement agency who use a SMI for enforcement purposes shall hold certification from the Commission authorizing the officer to operate the SMI. Certification in one or more categories reflects operational proficiency in the designated types of approved equipment for which the trainee has been examined and tested.

(b)  Standards Division staff shall issue SMI certification in the following categories:

(1)           RADAR operator SMI certification or re-certification requiring completion of the training program as required in 12 NCAC 09B .0210, .0212, .0218, or .0242;

(2)           LIDAR SMI operator certification or re-certification requiring successful completion of the training program as required in 12 NCAC 09B .0237, .0238, .0239, or .0242.

(c)  The applicant shall meet the following requirements for SMI operator certification or re-certification within 90 days of completing a SMI course outlined in 12 NCAC 09B .0212, .0238, or .0242:

(1)           have completed course requirements as outlined in 12 NCAC 09B .0212, .0238, or .0242;

(2)           have passed the comprehensive state exam as prescribed in 12 NCAC 09B .0408;

(3)           have completed the 12 hours of field practice training as outlined in 12 NCAC 09B .0409; and

(4)           meet one of the following requirements:

(A)          hold active certification as a law enforcement officer; or

(B)          be employed as a sheriff, deputy sheriff, or other sworn appointee with arrest authority governed by the provisions of G.S. 17E and be in compliance with the employment and training standards as established by the North Carolina Sheriffs' Education and Training Standards Commission, pursuant to 12 NCAC 10B .0400.

(d)  Certified SMI operators shall be notified by email via the North Carolina Justice Training and Certification portal not less than 90 days prior to the expiration of certification. All applicants for re-certification shall complete a Commission-approved re-certification course within 12 months from the expiration of the previous certification. This prescribed 12 month period shall not extend the operator certification period beyond its specified expiration date. When a re-certification course is successfully completed prior to the expiration of the previous certification, the new certification shall be issued by the Criminal Justice Standards Division effective upon the receipt and review by Division staff of the required documentation outlined in 12 NCAC 09B .0409. Operator re-certification shall be issued only to officers with active law enforcement certification.

(e)  If re-certification is not obtained within the prescribed 12-month period, the officer is no longer eligible for re-certification and must meet the requirements of initial operator certification, including completion of a RADAR, LIDAR, or RADAR/LIDAR operator training course as outlined in 12 NCAC 09B .0212(a), 12 NCAC 09B .0238(a), and 12 NCAC 09B .0242(a).

(f)  RADAR operator certification is valid for a three-year period from the date of issue. Re-certification is also valid for a three-year period from the date of issue, unless sooner terminated by the Commission.

(g)  LIDAR operator certification and re-certification shall only be issued when the applicant holds active RADAR operator certification. The expiration date of LIDAR operator certification and re-certification shall match the expiration date of the applicant's RADAR operator certification.

(h)  An individual's SMI operator certification shall apply only to the instruments and modes of operation with which the individual has proven proficiency in the motor-skill and performance subject areas, pursuant to 12 NCAC 09B .0409(a)(3), during an SMI operator course pursuant to 12 NCAC 09B .0212, .0215, .0238, and .0242. Modes of operation include: stationary, moving-same direction, and moving-opposite direction.

History Note:        Authority G.S. 17C-6;

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Temporary Amendment Eff. February 24, 1984, for a period of 120 days to expire on June 22, 1984;

Amended Eff. November 1, 2007; February 1, 2006; May 1, 2004; April 1, 1999; November 1,

1993; March 1, 1992; February 1, 1991; December 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Emergency Amendment Eff. May 5, 2020; Emergency Amendment Expired Eff. July 31, 2020;

Amended Eff. February 1, 2026.