(a) The results of theuse of radio microwave, laser, or other speed‑measuring instruments shallbe admissible as evidence of the speed of an object in any criminal or civilproceeding for the purpose of corroborating the opinion of a person as to thespeed of an object based upon the visual observation of the object by suchperson.
(b) Notwithstanding theprovisions of subsection (a) of this section, the results of a radio microwave,laser, or other electronic speed‑measuring instrument are not admissiblein any proceeding unless it is found that:
(1) The operator of theinstrument held, at the time the results of the speed‑measuringinstrument were obtained, a certificate from the North Carolina CriminalJustice Education and Training Standards Commission (hereinafter referred to asthe Commission) authorizing him to operate the speed‑measuring instrumentfrom which the results were obtained.
(2) The operator of theinstrument operated the speed‑measuring instrument in accordance with theprocedures established by the Commission for the operation of such instrument.
(3) The instrumentemployed was approved for use by the Commission and the Secretary of CrimeControl and Public Safety pursuant to G.S. 17C‑6.
(4) The speed‑measuringinstrument had been calibrated and tested for accuracy in accordance with thestandards established by the Commission for that particular instrument.
(c) All radiomicrowave, laser, and other electronic speed‑measuring instruments shallbe tested for accuracy within a 12‑month period prior to the allegedviolation by a technician possessing at least a General Radiotelephone OperatorLicense from the Federal Communications Commissions or possessing a CertifiedElectronics Technician certificate issued by a Federal CommunicationsCommission Commercial Operators License Examination Manager or by a laboratoryestablished by the International Association of Chiefs of Police. A writtencertificate by the technician or laboratory showing that the test was madewithin the required period and that the instrument was accurate shall becompetent and prima facie evidence of those facts in any proceeding referred toin subsection (a) of this section.
All radio microwave, laser,and other speed enforcement instruments shall be tested in accordance withstandards established by the North Carolina Criminal Justice Education andTraining Standards Commission. The Commission shall provide for certificationof all radio microwave, laser, and other speed enforcement instruments.
(d) In every proceedingwhere the results of a radio microwave, laser, or other speed‑measuringinstrument is sought to be admitted, judicial notice shall be taken of therules approving the use of the models and types of radio microwave, laser, andother speed‑measuring instruments and the procedures for operation andcalibration or measuring accuracy of such instruments. (1979, 2nd Sess., c. 1184, s.3; 1983, c. 34; 1987, c. 318; c. 827, s. 60; 1994, Ex. Sess., c. 18, s. 1; 2005‑137,s. 1.)
(a) The results of theuse of radio microwave, laser, or other speed‑measuring instruments shallbe admissible as evidence of the speed of an object in any criminal or civilproceeding for the purpose of corroborating the opinion of a person as to thespeed of an object based upon the visual observation of the object by suchperson.
(b) Notwithstanding theprovisions of subsection (a) of this section, the results of a radio microwave,laser, or other electronic speed‑measuring instrument are not admissiblein any proceeding unless it is found that:
(1) The operator of theinstrument held, at the time the results of the speed‑measuringinstrument were obtained, a certificate from the North Carolina CriminalJustice Education and Training Standards Commission (hereinafter referred to asthe Commission) authorizing him to operate the speed‑measuring instrumentfrom which the results were obtained.
(2) The operator of theinstrument operated the speed‑measuring instrument in accordance with theprocedures established by the Commission for the operation of such instrument.
(3) The instrumentemployed was approved for use by the Commission and the Secretary of CrimeControl and Public Safety pursuant to G.S. 17C‑6.
(4) The speed‑measuringinstrument had been calibrated and tested for accuracy in accordance with thestandards established by the Commission for that particular instrument.
(c) All radiomicrowave, laser, and other electronic speed‑measuring instruments shallbe tested for accuracy within a 12‑month period prior to the allegedviolation by a technician possessing at least a General Radiotelephone OperatorLicense from the Federal Communications Commissions or possessing a CertifiedElectronics Technician certificate issued by a Federal CommunicationsCommission Commercial Operators License Examination Manager or by a laboratoryestablished by the International Association of Chiefs of Police. A writtencertificate by the technician or laboratory showing that the test was madewithin the required period and that the instrument was accurate shall becompetent and prima facie evidence of those facts in any proceeding referred toin subsection (a) of this section.
All radio microwave, laser,and other speed enforcement instruments shall be tested in accordance withstandards established by the North Carolina Criminal Justice Education andTraining Standards Commission. The Commission shall provide for certificationof all radio microwave, laser, and other speed enforcement instruments.
(d) In every proceedingwhere the results of a radio microwave, laser, or other speed‑measuringinstrument is sought to be admitted, judicial notice shall be taken of therules approving the use of the models and types of radio microwave, laser, andother speed‑measuring instruments and the procedures for operation andcalibration or measuring accuracy of such instruments. (1979, 2nd Sess., c. 1184, s.3; 1983, c. 34; 1987, c. 318; c. 827, s. 60; 1994, Ex. Sess., c. 18, s. 1; 2005‑137,s. 1.)
(a) The results of theuse of radio microwave, laser, or other speed‑measuring instruments shallbe admissible as evidence of the speed of an object in any criminal or civilproceeding for the purpose of corroborating the opinion of a person as to thespeed of an object based upon the visual observation of the object by suchperson.
(b) Notwithstanding theprovisions of subsection (a) of this section, the results of a radio microwave,laser, or other electronic speed‑measuring instrument are not admissiblein any proceeding unless it is found that:
(1) The operator of theinstrument held, at the time the results of the speed‑measuringinstrument were obtained, a certificate from the North Carolina CriminalJustice Education and Training Standards Commission (hereinafter referred to asthe Commission) authorizing him to operate the speed‑measuring instrumentfrom which the results were obtained.
(2) The operator of theinstrument operated the speed‑measuring instrument in accordance with theprocedures established by the Commission for the operation of such instrument.
(3) The instrumentemployed was approved for use by the Commission and the Secretary of CrimeControl and Public Safety pursuant to G.S. 17C‑6.
(4) The speed‑measuringinstrument had been calibrated and tested for accuracy in accordance with thestandards established by the Commission for that particular instrument.
(c) All radiomicrowave, laser, and other electronic speed‑measuring instruments shallbe tested for accuracy within a 12‑month period prior to the allegedviolation by a technician possessing at least a General Radiotelephone OperatorLicense from the Federal Communications Commissions or possessing a CertifiedElectronics Technician certificate issued by a Federal CommunicationsCommission Commercial Operators License Examination Manager or by a laboratoryestablished by the International Association of Chiefs of Police. A writtencertificate by the technician or laboratory showing that the test was madewithin the required period and that the instrument was accurate shall becompetent and prima facie evidence of those facts in any proceeding referred toin subsection (a) of this section.
All radio microwave, laser,and other speed enforcement instruments shall be tested in accordance withstandards established by the North Carolina Criminal Justice Education andTraining Standards Commission. The Commission shall provide for certificationof all radio microwave, laser, and other speed enforcement instruments.
(d) In every proceedingwhere the results of a radio microwave, laser, or other speed‑measuringinstrument is sought to be admitted, judicial notice shall be taken of therules approving the use of the models and types of radio microwave, laser, andother speed‑measuring instruments and the procedures for operation andcalibration or measuring accuracy of such instruments. (1979, 2nd Sess., c. 1184, s.3; 1983, c. 34; 1987, c. 318; c. 827, s. 60; 1994, Ex. Sess., c. 18, s. 1; 2005‑137,s. 1.)
