Application for Permit; Use of Device While Application Pending

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. Application for Permit; Use of Device While Application Pending

1. A county sheriff, county or municipal governing authority, or the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided that such application shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Office of Traffic Operations of the Department of Transportation. Law enforcement agencies are authorized to use speed detection devices on streets and roads for which an application is pending as long as all other requirements for the use of speed detection devices are met. Nothing in this subsection shall be construed to affect the provisions of Code Section 40-14-9.
2. The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the applicants. The Department of Public Safety may deny the application or suspend the speed detection device permit for failure to provide information or documentation at the department's request.

(Ga. L. 1968, p. 425, §§ 2, 4; Ga. L. 1970, p. 435, § 2; Ga. L. 1989, p. 586, § 1; Ga. L. 1995, p. 713, § 1; Ga. L. 1996, p. 1281, § 7; Ga. L. 1999, p. 1227, § 2; Ga. L. 2004, p. 631, § 40.)

Cross references.

- Application for permit, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Speed Detection Devices, § 570-7-.02.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1999, "Code" was substituted for "O.C.G.A." in the last sentence of subsection (a).

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

Purpose of section.

- "Remedy" undertaken by the legislature in O.C.G.A. § 40-14-3 was the statutory regulation of the use of Vascar and radar by counties and municipalities, the Department of Public Safety being designated as the regulating agency. 1975 Op. Att'y Gen. No. 75-10.

Refusal to issue permit.

- Department of Public Safety may refuse to issue a speed detection device permit if the requisite procedure and information has not been followed and submitted by the applicant. 1974 Op. Att'y Gen. No. 74-74.

Addition to original permit.

- If a proper application has been made to add additional streets and highways to a speed detection device permit, such addition may be accomplished by issuing a new permit or by adding the new streets and highways to the original permit. 1974 Op. Att'y Gen. No. 74-74.

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, 266. 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 944 et seq.

C.J.S.

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

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