12 NCAC 09B .0242          CERTIFICATION AND RE-CERTIFICATION TRAINING FOR RADAR AND LIDAR OPERATORS

(a)  The Radar/Lidar Operator Training Course for law enforcement officers shall be designed to provide the student with the skills and knowledge to perform the function of a radar and lidar operator. This course shall be for a period not to exceed four consecutive weeks, and shall consist of a minimum of 36 hours of instruction and shall include the following topic areas and minimum hours for each:

(1)           Course Orientation                                                                                                              0.5 Hours

(2)           Introduction to Radar/Lidar Training                                                                              0.5 Hours

(3)           Speed Offenses and Speed Enforcement                                                                        2 Hours

(4)           Basic Principles of Radar/Lidar Speed Measurement                                                  6 Hours

(5)           Legal and Operational Considerations                                                                            5 Hours

(6)           Familiarization and Operation of Specific Radar and Lidar Instruments                 12 Hours

(7)           Courtroom Preparation                                                                                                      4 Hours

(8)           Motor-Skill Performance Testing                                                                                     5 Hours

(9)           Course Review                                                                                                                     1 Hour

This course shall have a minimum ratio of one instructor per six students.

(b)  Only those individuals currently certified as a law enforcement officer or appointed personnel of a law enforcement agency may be enrolled in the Radar/Lidar Operator Training Course. Sheriffs, deputy sheriffs, and federal law enforcement personnel, including armed forces personnel, shall be allowed to participate in a Radar/Lidar Operator Training Course at the discretion of the school director without having enrolled in or having completed the basic law enforcement training course, pursuant to 12 NCAC 09B .0205, and without being currently certified in a probationary status or holding general law enforcement certification.

(c)  The Radar/Lidar Operator Re-Certification Training Course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the function of a radar and lidar operator. This course shall be presented within a period not to exceed one week and shall consist of a minimum of eight hours of instruction, including the following topic areas and minimum hours for each:

(1)           Course Orientation                                                                                                              0.5 Hours

(2)           Legal and Operational Considerations                                                                            2.5 Hours

(3)           Motor-Skill Performance Testing                                                                                     5 Hours

This course shall have a minimum ratio of one instructor per six students.

(d)  To be eligible for enrollment in the Radar/Lidar Operator Re-Certification Training Course, applicants shall meet the following requirements at the time of enrollment:

(1)           hold active radar operator certification or have previously held active radar operator certification within 12 months prior to the scheduled end date of the course; and

(2)           hold active lidar operator certification or have previously held active lidar operator certification within the 12 months prior to the scheduled end date of the course.

Federal law enforcement personnel who do not meet these requirements shall be allowed to participate in a Radar/Lidar Operator Re-Certification Training Course at the discretion of the school director, but such personnel must have completed one or more introductory level speed measurement instrument courses that included instruction on operation of radar instruments and lidar instruments. Courses that meet this requirement include those described in Paragraph (a) of this Rule, 12 NCAC 09B .0212(a), and 12 NCAC 09B .0238(a).

(e)  If the Governor declares a State of Emergency pursuant to G.S. 166A-19.3(19), the Director of the Criminal Justice Standards Division shall allow additional time to complete a specific course delivery beyond the time limits set forth in Paragraphs (a) and (c) of this Rule when the Director determines that doing so is necessary based on consideration of the following factors:

(1)           Whether instruction has begun in the course or whether course initiation may be postponed;

(2)           The risk of harm to students that may be caused by continuation of the course;

(3)           Whether those enrolled in the course have been or will likely be called to action to help address the State of Emergency;

(4)           The specific need for the waiver; and

(5)           The degree of benefit to the public in allowing a break in instruction.

Notice of waivers granted pursuant to this Section shall be posted on the CJETS website, https://ncdoj.gov/law- enforcement-training/criminal-justice/. The waivers granted pursuant to this Section shall only apply to courses that began or were in progress during the effective period of the State of Emergency.

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

Eff. November 1, 2007;

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

Amended Eff. February 1, 2026; April 1, 2022.