12 NCAC 09B .0408          COMPREHENSIVE STATE EXAMINATION–SMI OPERATOR CERTIFICATION

(a)  Within 60 days of the conclusion of the classroom instruction portion of a school's offering of any speed measuring instrument (SMI) operator course or re-certification course, the Commission shall administer a comprehensive state examination to each student who has completed all of the required course work. The examination shall be an objective test covering the topic areas contained in the certified course curriculum, pursuant to 12 NCAC 09B .0212, .0238, and .0242.

(b)  A student of a RADAR, LIDAR, or RADAR/LIDAR operator training shall achieve a passing score on the comprehensive state examination upon answering a minimum of 70 percent of the questions correctly. A student who fails to achieve a passing score on a RADAR, LIDAR, or RADAR/LIDAR operator training comprehensive state examination shall be eligible to request re-examination with the following conditions:

(1)           The student must have achieved a minimum score of 60 percent on the initial examination;

(2)           The student's request for re-examination shall be made in writing on the Commission's Examination Request Form (F-23) pursuant to 12 NCAC 09B .0406(c), and shall be received by the Standards Division within 15 days of the initial examination;

(3)           The student shall have, within 30 days of the date of initial examination, only one opportunity for re-examination; and

(4)           The student must have completed each motor-skill and performance area of the course curriculum.

A student who fails to achieve the minimum passing score of 70 percent on the re-examination, or who fails to achieve a minimum score of 60 percent on the initial examination, shall not be eligible for SMI operator certification until a subsequent SMI operator training course offering and examination are completed by the student.

(c)  A student of a RADAR operator re-certification, LIDAR operator re-certification, or RADAR/LIDAR operator re-certification training course, pursuant to Paragraph (a) of this Rule, shall achieve a passing score on the comprehensive state examination upon answering a minimum of 75 percent of the questions correctly. At the time a student fails to achieve the minimum passing score, the student's SMI operator certifications shall be immediately revoked, and the student shall not be eligible for re-certification until a subsequent SMI operator training course offering and further examination are completed by the student.

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

Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. January 1, 2015; November 1, 2007; May 1, 2004; April 1, 1999; December 1, 1987; October 1, 1983; April 1, 1983;

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

Amended Eff. February 1, 2026.