12 NCAC 09B .0308          RADAR INSTRUCTOR CERTIFICATION AND RE-CERTIFICATION REQUIREMENTS

A person participating in a Commission-approved RADAR Operator or RADAR Instructor Training Course as an Instructor shall meet the following requirements for RADAR Instructor Certification:

(1)           Initial Certification:

(A)          must be employed or appointed as a law enforcement officer by a state or local law enforcement agency or be a federal law enforcement officer;

(B)          if the applicant is a deputy sheriff, he/she must be in total compliance with the standards established by the North Carolina Sheriff's Education and Training Standards Commission;

(C)          must hold Probationary or General Instructor Certification as required in 12 NCAC 09B .0302;

(D)          must hold current RADAR Operator Certification pursuant to 12 NCAC 09C .0308;

(E)           must complete the Commission‑approved RADAR Instructor Training Course as required in 12 NCAC 09B .0210;

(F)           obtain the recommendation of a Commission-certified school director or agency executive officer or their designee; and

(G)          shall not instruct in any RADAR Instructor/Operator or RADAR Instructor/Operator Re-certification Courses until their Certification is received from the Commission.

(2)           Re-certification:

(A)          must hold current Probationary or General Instructor Certification as required in 12 NCAC 09B .0302;

(B)          must hold current Radar Operator Certification, pursuant to 12 NCAC 09C .0308;

(C)          must complete the Commission-approved RADAR Instructor Re-Certification Training Course, pursuant to 12 NCAC 09B .0210;

(D)          must have been certified as a RADAR Instructor within the three years preceding the completion of the RADAR Instructor Re-Certification Course;

(E)           has participated in the classroom instruction and motor skill performance testing in the RADAR Operator Training Course, pursuant to 12 NCAC 09B .0212, during the previous certification period; and

(F)           obtain the recommendation of a Commission-certified school director, agency executive officer, or their designee.

(b)  Those individuals who have previously held RADAR Instructor Certification and have not exceeded a six year time period from when his or her RADAR Instructor Certification expired are eligible to reapply for reissuance of the previously held RADAR Instructor Certification. An application for re-issuance shall contain documentation that the applicant:

(1)           holds current Probationary or General Instructor Certification, pursuant to 12 NCAC 09B .0302;

(2)           has completed the pre-qualification skills assessments;

(3)           must complete the Commission-approved RADAR Instructor Re-Certification Training Course, pursuant to 12 NCAC 09B .0210;

(4)           has passed the RADAR Instructor comprehensive state examination with a minimum score of 75; and

(5)           has obtained the recommendation of a Commission-certified school director, agency executive or their designee.

(c)  Applicants for re-issuance of the RADAR Instructor Certification shall have one opportunity to pass the prequalification skills assessment and the RADAR Instructor Comprehensive State Examination. Should an applicant not achieve a passing score on either the prequalification skills assessment or RADAR Instructor Comprehensive State Examination, the applicant shall complete the RADAR Operator and RADAR Instructor Course in its entirety.

(d)  Applicants whose RADAR Instructor Certification is suspended or revoked shall not qualify for re-issuance.

(e)  The term of a RADAR Instructor is three years from the date of issuance. All RADAR Instructors seeking re-certification shall complete the RADAR Instructor Re-certification Course, as outlined in 12 NCAC 09B .0218, within 12 months of the expiration of the initial certification period. The 12-month period does not extend the RADAR Instructor Certification period.

Note: If Time Distance speed measuring instruments are reinstated for use at any point between years 2026 and 2036, individuals who currently hold a RADAR Instructor Certification and have previously held a Time/Distance Instructor Certification will be grandfathered and eligible to reinstate their Time/Distance Instructor Certification.

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

Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. January 1, 2006; April 1, 1984;

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

Amended Eff. October 1, 2025.