12 NCAC 09B .0409          SATISFACTION OF TRAINING ‑‑ SMI OPERATORS

(a)  To satisfy the training requirements for operator certification, a trainee shall complete all of the following:

(1)           achieve a score of 70 percent correct answers on the comprehensive written examination, provided for in 12 NCAC 09B .0408(d);

(2)           demonstrate successful completion of a certified offering of courses as prescribed under 12 NCAC 09B .0212, .0213, .0214, .0215, .0238, .0242, or .0244 as shown by the certification of the school director;

(3)           demonstrate 100 percent proficiency in the motor‑skill and performance subject areas as demonstrated to a certified Speed Measurement Instrument (SMI) instructor and further evidenced through documentation on the Commission's SMI forms and by the subscribing instructor's certification of trainee competence;

(4)           present evidence showing prior North Carolina certification in a Commission-certified operator training course as prescribed in 12 NCAC 09B .0212 .0213, .0214, .0238, .0242, .0244 or present evidence showing prior certification that meets or exceeds North Carolina certification, or present evidence showing completion of 12 hours of supervised field practice within 90 days after completing a Commission-certified radar operator training course as prescribed in 12 NCAC 09B .0212 .0213, .0242, .0244; and

(5)           Individuals applying for SMI operator certification may request an extension of the 90 day requirement to complete the 12 hours of supervised field practice required pursuant to Subparagraph (a)(4) of this Rule. The requested extension shall not exceed 12 months. The Director shall grant the extension request upon a showing of just cause. For purposes of this Rule, "just cause" means an accident, illness, emergency, course cancellation, or other exceptional circumstance that prevents the applicant from completing the required supervised field practice time.

(b)  Any trainee failing to achieve 100 percent proficiency in the motor‑skill area may request written permission from the Director of the Standards Division for re‑examination. The trainee's request for re‑examination shall be made in writing and must be received by the Standards Division within 30 days of the original examination. The trainee's request for re‑examination shall include the favorable recommendation of the school director who administered the course. A trainee shall have, within 90 days of the original examination, only one opportunity for motor‑skill re‑examination and must satisfactorily complete each identified area of deficiency on the original motor‑skill examination. The trainee shall be notified by the Standards Division staff of a place, time and date for re‑examination. If the trainee fails to achieve the prescribed score on the examination, the trainee shall not be recommended for certification and shall enroll and complete a subsequent course offering in its entirety before further examination may be permitted.

(c)  To satisfy the training requirements for operator re‑certification, an operator seeking re-certification shall:

(1)           Achieve a score of 75 percent correct answers on the comprehensive written examination provided for in 12 NCAC 09B .0408(e);

(2)           Demonstrate successful completion of a certified offering of courses as prescribed under 12 NCAC 09B .0218, .0219, .0220, .0221, .0222, .0239, .0240, .0243, or .0245 as shown by the certification of the school director; and

(3)           Satisfy all motor-skill requirements as required in Subparagraph (a)(3) of this Rule.

(d)  At the time a trainee seeking operator re-certification fails to achieve the prescribed requirements on the comprehensive written examination as specified in 12 NCAC 09B .0409(c)(1), certification of the officer automatically and immediately terminates and that officer shall not be re-certified until successful completion of a subsequent course offering as prescribed under either 12 NCAC 09B .0212, .0213, .0214, .0238, .0242, or .0244 before further examination is permitted.

(e)  At the time a trainee seeking operator re-certification fails to achieve the prescribed motor-skill requirements as specified in 12 NCAC 09B .0409(c)(3), certification of the officer automatically and immediately terminates and that officer shall not be re-certified until successful completion of the required motor-skill testing. Provided, however, such an officer may request re‑examination as prescribed in Paragraph (b) of this Rule.

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

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. November 1, 2007; May 1, 2004; April 1, 1999; December 1, 1987; August 1, 1984; October 1, 1983; April 1, 1983;

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. January 1, 2021.