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HB 164 - Radar; permits; vehicle visibility
Mueller, Anne O'Quin (152nd) Pelote, Dorothy B (149th)
Status Summary HC: MotV SC: FR: 01/25/99 LA: 01/26/99 H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change the provisions relating to applications for permits; to repeal certain provisions relating to visibility of vehicle from which a speed detection device is operated; and for other purposes.

Page Numbers: 1 2
Code Sections - 40-14-7/ 40-14-7/ 40-14-8/ 40-14-8

House Action Senate
1/25/99 Read 1st Time
1/26/99 Read 2nd Time
Version by LC Number
LC 18 9239 As Introduced

HB 164                                             LC 18 9239 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 14 of Title 40 of the Official Code of 
  1- 2  Georgia Annotated, relating to the use of radar speed 
  1- 3  detection devices, so as to change the provisions relating 
  1- 4  to applications for permits; to repeal certain provisions 
  1- 5  relating to visibility of vehicle from which a speed 
  1- 6  detection device is operated; to repeal certain provisions 
  1- 7  relating to when a case may be made and conviction had with 
  1- 8  respect to the use of speed detection devices; to repeal 
  1- 9  conflicting laws; and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Chapter 14 of Title 40 of the Official Code of Georgia 
  1-13  Annotated, relating to the use of radar speed detection 
  1-14  devices, is amended by striking in its entirety subsection 
  1-15  (a) of Code Section 40-14-3, relating to application for 
  1-16  permit to authorize the use of speed detection devices, and 
  1-17  inserting in lieu thereof a new subsection (a) to read as 
  1-18  follows: 
 
  1-19    "(a) The governing authority of any county or municipality 
  1-20    and the president of a college or university may apply to 
  1-21    the Department of Public Safety for a permit to authorize 
  1-22    the use of speed detection devices for purposes of traffic 
  1-23    control within such counties, municipalities, colleges, or 
  1-24    universities on streets, roads, and highways, provided the 
  1-25    city, county, college, or university shall name the street 
  1-26    or road on which the device is to be used and the speed 
  1-27    limits on such street or road shall have been approved by 
  1-28    the Office of Traffic Operations of the Department of 
  1-29    Transportation." 
 
  1-30                           SECTION 2. 
 
  1-31  Said chapter is further amended by striking in its entirety 
  1-32  Code Section 40-14-7, relating to visibility of vehicle from 
  1-33  which a speed detection device is operated, which reads as 
  1-34  follows: 
 
 
                                 -1- 
 
 
 
  2- 1    "40-14-7. 
 
  2- 2    No stationary speed detection device shall be employed by 
  2- 3    county, municipal, college, or university law enforcement 
  2- 4    officers where the vehicle from which the device is 
  2- 5    operated is obstructed from the view of approaching 
  2- 6    motorists or is otherwise not visible for a distance of at 
  2- 7    least 500 feet.", 
 
  2- 8  and inserting in lieu thereof the following: 
 
  2- 9    "40-14-7. 
 
  2-10    Reserved." 
 
  2-11                           SECTION 3. 
 
  2-12  Said chapter is further amended by striking in its entirety 
  2-13  Code Section 40-14-8, relating to when a case may be made 
  2-14  and conviction had with respect to the use of speed 
  2-15  detection devices, which reads as follows: 
 
  2-16    "40-14-8. 
 
  2-17    (a) No county, city, or campus officer shall be allowed to 
  2-18    make a case based on the use of any speed detection 
  2-19    device, unless the speed of the vehicle exceeds the posted 
  2-20    speed limit by more than ten miles per hour and no 
  2-21    conviction shall be had thereon unless such speed is more 
  2-22    than ten miles per hour above the posted speed limit. 
 
  2-23    (b) The limitations contained in subsection (a) of this 
  2-24    Code section shall not apply in properly marked school 
  2-25    zones one hour before, during, and one hour after the 
  2-26    normal hours of school operation and in properly marked 
  2-27    residential zones.  For purposes of this chapter, 
  2-28    thoroughfares with speed limits of 35 miles per hour or 
  2-29    more shall not be considered residential districts.", 
 
  2-30  and inserting in lieu thereof the following: 
 
  2-31    "40-14-8. 
 
  2-32    Reserved." 
 
  2-33                           SECTION 4. 
 
  2-34  All laws and parts of laws in conflict with this Act are 
  2-35  repealed. 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99