Permit Required for Use; Use Not Authorized Where Officers Paid on Fee System; Operation by Registered or Certified Peace Officers

  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. Permit Required for Use; Use Not Authorized Where Officers Paid on Fee System; Operation by Registered or Certified Peace Officers

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  1. The law enforcement officers of the various counties, municipalities, colleges, and universities may use speed detection devices only if the sheriffs of such counties, or the governing authorities of such counties, or the governing authorities of such municipalities, or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this chapter.
  2. No county sheriff, county or municipal governing authority, college, or university shall be authorized to use speed detection devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee.
  3. A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by registered or certified peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable; provided, however, that an automated traffic enforcement safety device may be operated by an agent or registered or certified peace officers of the county sheriff, county, or municipality to which the permit is applicable. Persons operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices; provided, however, that agents may operate automated traffic enforcement safety devices without such registrations or certifications.

(Ga. L. 1968, p. 425, § 1; Ga. L. 1978, p. 2254, § 1; Ga. L. 1979, p. 771, § 1; Ga. L. 1989, p. 586, § 1; Ga. L. 1996, p. 1281, § 6; Ga. L. 1997, p. 956, § 1; Ga. L. 1999, p. 1227, § 1; Ga. L. 2018, p. 1057, § 3/HB 978.)

The 2018 amendment, effective July 1, 2018, in subsection (c), added the provisos at the end of the second and third sentences.

Cross references.

- Certification of persons employed to use speed detection devices, § 35-8-12.

Law reviews.

- For note on the 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 192 (1999). For comment on State v. Tomanelli, 153 Conn. 365, 216 A.2d 625 (1966), discussing judicial notice of radar speedometer guidance, see 18 Mercer L. Rev. 299 (1966).

JUDICIAL DECISIONS

Use of device not restricted.

- Phrase "in accordance with the provisions of O.C.G.A. Ch. 14, T. 40" modifies the application for a permit rather than the use of the speed detection device, and a total and unswerving compliance with the chapter is not required in such use. Ferguson v. State, 163 Ga. App. 171, 292 S.E.2d 87 (1982).

Admissibility in evidence.

- See Wiggins v. State, 249 Ga. 302, 290 S.E.2d 427 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Construction of section.

- Ga. L. 1968, p. 425, § 1 (see now O.C.G.A. § 40-14-2) should be construed in light of the evil it was designed to remedy, which "evil" was the possible abuse of the use of such devices by law enforcement officers who were compensated on a percentage fee basis. 1975 Op. Att'y Gen. No. 75-10.

Eligibility to use detection devices.

- Absent independent legal authorization, a county marshal or deputy marshal does not have authority to apply for or use speed detection devices. 2005 Op. Att'y Gen. No. 2005-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 265. 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 944 et seq.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 19, 28 et seq., 69 et seq., 74. 61A C.J.S., Motor Vehicles, § 1641 et seq.


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