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§ 40-14-1.1. Definitions

As used in this article, the term: “Agent” means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and: Provides services to such law enforcement agency or governing body; Operates, maintains, leases, or licenses an automated traffic enforcement safety device; or Is authorized […]

§ 40-14-1.2. Agent Not Private Investigator or Subject to Certain Laws

Nothing in this article shall be construed to mean that an agent is providing or participating in private investigative services or acting in such manner as would render such agent subject to the provisions of Article 4 of Chapter 18 of Title 50. History. Code 1981, § 40-14-1.2 , enacted by Ga. L. 2018, p. […]

§ 40-14-10. Unlawful Use of Devices Generally

It shall be unlawful for speed detection devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of […]

§ 40-14-11. Investigations by Commissioner of Public Safety; Issuance of Order Suspending or Revoking Permit; Ratio of Speeding Fines to Agency’s Budget

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 […]

§ 40-14-12. Administrative Hearing Upon Permit Suspension or Revocation

Upon issuance by the commissioner of public safety of an order suspending or revoking the speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be afforded a hearing, to be held within ten days of the effective date of the order. The hearing shall be […]

§ 40-14-13. Administrative and Judicial Appeal of Decision Suspending or Revoking Permit

Any county, municipality, college, or university aggrieved by a decision of the commissioner or deputy commissioner of public safety suspending or revoking its speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. […]

§ 40-14-15. Rehearing or Restoration of Permit at Direction of Governor

The Governor, in his discretion, may direct the commissioner of public safety, or his delegate, to inquire into such change of circumstances and report the same to him together with any recommendations he might have. The Governor, in his discretion, may order a new hearing on the matter before the Board of Public Safety or […]

§ 40-14-17. Laser Devices; Reliability and Admissibility of Evidence

Evidence of speed based on a speed detection device using the speed timing principle of laser which is of a model that has been approved by the Department of Public Safety shall be considered scientifically acceptable and reliable as a speed detection device and shall be admissible for all purposes in any court, judicial, or […]

§ 40-14-18. Enforcement of Speed Limit in School Zones With Recorded Images; Civil Monetary Penalty; Vehicle Registration and Transfer of Title Restrictions for Failure to Pay Penalty

The speed limit within any school zone as provided for in Code Section 40-14-8 and marked pursuant to Code Section 40-14-6 may be enforced by using photographically recorded images for violations which occurred only on a school day during the time in which instructional classes are taking place and one hour before such classes are […]

§ 40-14-2. Permit Required for Use; Use Not Authorized Where Officers Paid on Fee System; Operation by Registered or Certified Peace Officers

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 […]

§ 40-14-3. Application for Permit; Use of Device While Application Pending

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 […]

§ 40-14-5. Testing of Radar Devices; Removal of Inaccurate Radar Devices From Service; Maintenance of Testing Log and Independent Calibration Tests of Automated Traffic Enforcement Devices

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 […]

§ 40-14-6. Warning Signs Required; Signage Requirements

Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be […]

§ 40-14-7. Visibility of Vehicle From Which Device Is Operated

Except as provided for in Code Section 40-14-18, no stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet. […]

§ 40-14-8. When Case May Be Made and Conviction Had

No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles […]

§ 40-14-9. Certain Evidence Inadmissible; Use of Device on Hill

Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a […]