Investigations by Commissioner of Public Safety; Issuance of Order Suspending or Revoking Permit; Ratio of Speeding Fines to Agency's Budget

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Use of Speed Detection Devices and Red Light Cameras
  5. Speed Detection Devices
  6. Investigations by Commissioner of Public Safety; Issuance of Order Suspending or Revoking Permit; Ratio of Speeding Fines to Agency's Budget

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  1. Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety or in a manner which violates this chapter or violates its speed detection device permit, the commissioner or the commissioner's designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or university with respect to speed detection devices. If, as a result of this investigation, the commissioner or the commissioner's designee finds that there is probable cause to suspend or revoke the speed detection device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
  2. Upon the suspension or revocation of any speed detection device permit for the reasons set forth in this Code section, the commissioner of public safety shall notify the executive director of the Georgia Peace Officer Standards and Training Council of the action taken.
  3. Upon receipt from the executive director of the Georgia Peace Officer Standards and Training Council that an officer's certification to operate speed detection devices has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner of public safety or the commissioner's designee shall suspend the speed detection device permit for the employing agency. The period of suspension or revocation shall be consistent with the action taken by the Georgia Peace Officer Standards and Training Council.
  4. There shall be a rebuttable presumption that a law enforcement agency is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection devices for speeding offenses are equal to or greater than 35 percent of a municipal or county law enforcement agency's budget. For purposes of this Code section, fines collected for citations issued for violations of Code Section 40-6-180 shall be included when calculating total speeding fine revenue for the agency; provided, however, that fines for speeding violations exceeding 20 miles per hour over the established speed limit and civil monetary penalties for speeding violations issued pursuant to Code Section 40-14-18 shall not be considered when calculating total speeding fine revenue for the agency.

(Ga. L. 1968, p. 425, § 8; Ga. L. 1977, p. 800, § 1; Ga. L. 1989, p. 586, § 1; Ga. L. 1996, p. 1281, § 11; Ga. L. 1999, p. 1227, § 3; Ga. L. 2015, p. 1064, § 2/SB 134; Ga. L. 2018, p. 1057, § 8/HB 978.)

The 2018 amendment, effective July 1, 2018, inserted "and civil monetary penalties for speeding violations issued pursuant to Code Section 40-14-18" in the middle of the last sentence of subsection (d).

Law reviews.

- For note on the 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 192 (1999).

OPINIONS OF THE ATTORNEY GENERAL

Manner of permit revocation exclusive.

- Only manner in which a speed detection device permit may be revoked or suspended is by an executive order specifically directing such revocation or suspension pursuant to the revocation procedures of Ga. L. 1968, p. 425, § 8 (see now O.C.G.A. §§ 40-14-11 through40-14-13). 1974 Op. Att'y Gen. No. 74-74.

RESEARCH REFERENCES

C.J.S.

- 61A C.J.S., Motor Vehicles, § 1650 et seq.


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