Testing of Radar Devices; Removal of Inaccurate Radar Devices From Service; Maintenance of Testing Log and Independent Calibration Tests of Automated Traffic Enforcement Devices

  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. Testing of Radar Devices; Removal of Inaccurate Radar Devices From Service; Maintenance of Testing Log and Independent Calibration Tests of Automated Traffic Enforcement Devices

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  1. Each state, county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
  2. Each county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
    1. The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device provided for under Code Section 40-14-18 shall maintain a log for the automated traffic enforcement safety device attesting to the performance of such device's self-test at least once every 30 days and the results of such self-test pertaining to the accuracy of the automated traffic enforcement safety device. Such log shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18.
    2. The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device shall perform an independent calibration test on the automated traffic enforcement safety device at least once every 12 months. The results of such calibration test shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18.

(Ga. L. 1978, p. 2254, § 1; Ga. L. 1979, p. 771, § 1; Ga. L. 1989, p. 586, § 1; Ga. L. 1996, p. 1281, § 8; Ga. L. 2018, p. 1057, § 4/HB 978.)

The 2018 amendment, effective July 1, 2018, inserted ", except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18," in the first sentences of subsections (a) and (b); and added subsection (c).

OPINIONS OF THE ATTORNEY GENERAL

Subsection (b) does not require citizen access to patrol vehicle.

- Subsection (b) requires each county, municipal, or campus law enforcement officer making cases by use of radar to advise a citizen, prior to issuance of a citation, of the right to a test of the device for accuracy and that the officer must, upon request, perform such a test; however, the officer is not required by law to permit the citizen access to the patrol vehicle in order to witness the officer conducting the test. 1991 Op. Att'y Gen. No. U91-7.


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