SUBCHAPTER 4 RADAR INSTRUCTORS AND OPERATORS

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1 SUBCHAPTER 4 RADAR INSTRUCTORS AND OPERATORS SECTION Definitions Powers and duties of the Commission Appointment and training Failure to meet standards. EFFECTIVE DATES. Acts 1983, No. 672, 7; Mar. 22, Emergency clause provided: It is hereby found and determined by the General Assembly that no required minimum standards for training and certification of police traffic radar instructors or operators exists, and that properly trained and certified police officers are important to the health, safety, and welfare of the people of this state. There is no statutory authority to regulate the use of police traffic radar for law enforcement purposes. Therefore, an emergency is declared to exist and this act being necessary for the protection of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval. Acts 1985, No. 115, 3: Feb. 15, Emergency clause provided: It is hereby found and determined by the General Assembly that Act 672 of 1983 empowered the Governor s Commission on Law Enforcement Standards and Training to establish minimum standards for radar instructors and operators; that the Act s definition of police traffic radar has resulted in adverse rulings against the state by our courts; that this act redefines the term in a manner that will better enable the Commission to implement that act; and that this act is immediately necessary to cure the defective definition. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace health, and safety shall be in full force and effect from and after its passage and approval. Acts 1991, No. 374: Mar. 6, Amend previous radar bills to read: Redefined police traffic radar means any speed measuring device utilizing the Doppler Principle to measure the speed of motor vehicles. Acts 1993, No. 63: Feb. 4, Amended previous radar bills to read: Police traffic radar means any speed measuring device utilizing the Doppler Principle or an infrared light system to measure the speed of motor vehicles.

2 DEFINITIONS. OFFICER TRAINING AND STANDARDS As used in this subchapter, unless the context otherwise requires: (1) Law enforcement officer means any appointed law enforcement officer or sheriff who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; (2) Full-time law enforcement officer means any sheriff or officer employed by a law enforcement agency and who works forty (40) or more hours per week or any Part-time officer employed by a law enforcement agency who has met the selection and training requirements for Full-time certified officers; (3) Commission means the Governor s Commission on Law Enforcement Standards and Training as established by ; (4) Political subdivision means any county, municipality, township, or other specific local unit of general government; (5) Part-time law enforcement officer means any officer working less than twenty (20) hours per week and receiving salary from the employing law enforcement agency. (6) Law enforcement agency means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state; (7) Police traffic radar means any speed measurement device utilizing the Doppler Principle or an infrared light system to measure the speed of motor vehicles. HISTORY. Acts 1983, No. 672, 1; 1985, No. 115, 1; 1991, No. 374, 7; 1993, No. 63, 7; A.S.A. 1947, POWERS AND DUTIES OF THE COMMISSION. In addition to the powers conferred upon the Arkansas Commission on Law Enforcement Standards and Training in , the Commission shall have power to: (1) Promulgate rules and regulations for the administration of this subchapter; (2) Require the submission of reports and information by law enforcement agencies within this state;

3 OFFICER TRAINING AND STANDARDS (3) Establish minimum selection and training standards appointment as a police traffic radar operator and police traffic radar instructor. The standards may take into account different requirements for urban and rural areas; (4) Establish minimum curriculum requirements for the Basic Radar Operator s Course, the Basic Radar Instructor s Course, and the Refresher Courses for the radar operators and the radar instructors. (5) Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies and with universities, colleges, junior colleges, community colleges, and other institutions or organizations concerning the development of police traffic radar training schools and programs or courses of instruction; (6) Approve institutions and facilities to be used by or for the state or any political subdivision thereof for the specific purpose of training radar operators and radar instructors; (7) Exclude Auxiliary, Part-time, and Honorary law enforcement officers from training classes sponsored and supported by the Arkansas Law Enforcement Training Academy for the training of radar operators and radar instructors; (8) Adopt rules and minimum standards for such schools and courses which shall include, but not be limited to, establishing minimum; (A) Basic and Refresher training requirements which police radar operators and police radar instructors must satisfactorily complete before being eligible for radar certification; (B) Course attendance and equipment requirements; (C) Requirements for instructors. (9) Conduct review of agency records to assist any department head in complying with the provisions of this subchapter; (10) Adopt and amend bylaws, consistent with law, for its internal management and control; (11) Enter into contracts or do such things as may be necessary and incidental to the administration of this subchapter. HISTORY. Acts 1983, No. 672, 2; A.S.A. 1947,

4 OFFICER STANDARDS AND TRAINING APPOINTMENT AND TRAINING. (a) No person shall be appointed as a police traffic radar operator or police traffic radar instructor until the minimum standards for training requirements have been completed. (b) All police traffic radar operators shall have one (1) year from March 22, 1983, to have completed the required training or to have previously met the training requirements or the training equivalent as determined by the Arkansas Commission on Law Enforcement Standards and Training. (c) The training requirements for police traffic radar operators or police traffic radar instructors shall be established by the Commission. (d) The Commission may issue a certificate evidencing satisfactory completion of the requirements of this subchapter when evidence is submitted by the law enforcement agency director, chief or sheriff that the police traffic radar operator has met the training requirements. (e) Nothing herein shall be construed to preclude any law enforcement agency from establishing qualifications and standards for appointing and training of police traffic radar operators and police traffic radar instructors that exceed those set by this subchapter or by the Commission. (f) Any police traffic radar operator or police traffic radar instructor failing to meet the training requirements as set forth in t his subchapter shall lose his authority to operate traffic radar for enforcement purposes. (g) An officer must have completed the Commission-required training for officer certification before being eligible for certification as a Police Traffic Radar Operator. (h) Only Full-time, Part-time I and Part-time II officers, as defined by Commission regulation, will be eligible for certification as Police Traffic Radar Operators. HISTORY. Acts 1983, No. 672, 4; A.S.A. 1947, CASE NOTES CITED: Price v. State, 285 Ark., 148, 685 S.W. 2d 506 (1985).

5 OFFICER STANDARDS AND TRAINING FAILURE TO MEET STANDARDS. A Police Traffic Radar Operator who does not meet the standards and qualification set forth in this subchapter or any made by the Arkansas Commission on Law enforcement Standards and Training shall not take any official action as a Police Traffic Radar Operator and any action taken shall be held as invalid. HISTORY. Act 1983, No. 672, 3; A.S.A. 1947,