05 LC 25
3911
House
Bill 294
By:
Representatives Miller of the
106th,
Benfield of the
85th,
Day of the
163rd,
Smith of the
129th,
and Mumford of the
95th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to provide for photographic speed-monitoring
systems; to provide for definitions and operating requirements relative to such
photographic speed-monitoring systems; to provide for a civil monetary penalty
for violations; to provide for enforcement; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended in Article 9 of Chapter 6 by adding a new Code Section
40-6-189 to read as follows:
"40-6-189.
(a)
As used in this Code section, the term:
(1)
'Owner' means the registrant of a motor vehicle, except that such term shall not
include a motor vehicle rental company when a motor vehicle registered by such
company is being operated by another person under a rental agreement with such
company.
(2)
'Photographic speed-measuring system' means a speed-measuring system that works
in conjunction with a photographic, video, or electronic camera to automatically
measure the speed and produce photographs, video, or electronic or digital
images of vehicles violating the speed limit.
(3)
'Recorded images' means images recorded by a photographic speed-measuring system
on:
(A)
One or more photographs;
(B)
One or more microphotographs;
(C)
One or more electronic or digital images; or
(D)
Videotape
showing
the posted speed limit and the actual speed of the vehicle along with the rear
of a motor vehicle apparently operated in disregard or disobedience of such
speed limit and, on at least one image or portion of tape, clearly revealing the
number or other identifying designation of the license plate displayed on the
motor vehicle.
(b)
Code Sections 40-6-181 and 40-6-183 may be enforced as provided in this Code
section pursuant to the use of a photographic speed-measuring system in
accordance with Article 4 of Chapter 14 of this title.
(c)
For the purpose of enforcement pursuant to this Code section:
(1)
The driver of a motor vehicle shall be liable for a civil monetary penalty of
not more than $100.00 if such vehicle is found, as evidenced by recorded images
produced by a photographic speed-measuring system, to have been operated in
disregard or disobedience of the maximum lawful speed limits in violation of
Code Section 40-6-181 and such disregard or disobedience was not otherwise
authorized by law; and
(2)
The law enforcement agency for which such system is authorized shall send by
first-class mail addressed to the owner of the motor vehicle postmarked not
later than ten days after the date of the alleged violation:
(A)
A citation for the violation, which shall include the date and time of the
violation, the location where the violation occurred, the amount of the civil
monetary penalty imposed, and the date by which the civil monetary penalty shall
be paid;
(B)
A copy of one or more of the recorded images;
(C)
A copy of a certificate sworn to or affirmed by a trained law enforcement
officer or a technician employed by a law enforcement agency for which such
systems are authorized and stating that, based upon inspection of recorded
images, the
owneŕs
motor vehicle was operated in disregard or disobedience of the maximum lawful
speed limit in violation of Code Sections 40-6-181 and 40-6-183 and that such
disregard or disobedience was not otherwise authorized by law;
(D)
A statement of the inference provided by subsection (e) of this Code section and
of the means specified therein by which such inference may be
rebutted;
(E)
Information advising the owner of the motor vehicle of the manner and time in
which liability as alleged in the citation may be contested in court;
and
(F)
Warning that failure to pay the civil monetary penalty or to contest liability
in a timely manner shall waive any right to contest liability and result in a
civil monetary penalty;
provided,
however, that only warning notices and not citations for violations shall be
sent during the 30 day period commencing with the installation of a photographic
speed-measuring system at such location.
(d)
Proof that a motor vehicle was operated in disregard or disobedience of the
maximum lawful speed limit in violation of Code Sections 40-6-181 and 40-6-183
shall be evidenced by recorded images produced by a photographic speed-measuring
system authorized pursuant to Article 4 of Chapter 14 of this title. A copy of a
certificate sworn to or affirmed by a trained law enforcement officer or a
technician employed by a law enforcement agency for which such system is
authorized and stating that, based upon inspection of recorded images, a motor
vehicle was operated in disregard or disobedience of the maximum lawful speed
limits in violation of Code Sections 40-6-181 and 40-6-183 and that such
disregard or disobedience was not otherwise authorized by law shall be
prima-facie evidence of the facts contained therein.
(e)
Liability under this Code section shall be determined based upon a preponderance
of the evidence. Prima-facie evidence that the vehicle described in the citation
issued pursuant to this Code section was operated in violation of Code Sections
40-6-181 and 40-6-183, together with proof that the defendant was at the time of
such violation the registered owner of the vehicle, shall permit the trier of
fact in its discretion to infer that such owner of the vehicle was the driver of
the vehicle at the time of the alleged violation. Such an inference may be
rebutted if the owner of the vehicle:
(1)
Testifies under oath in open court that he or she was not the operator of the
vehicle at the time of the alleged violation;
(2)
Presents to the court prior to the return date established on the citation an
affidavit stating that the vehicle was reported to the police as stolen prior to
the time of the alleged violation and a copy of a police report showing that the
vehicle had been reported to the police as stolen prior to the time of the
alleged violation; or
(3)
Submits to the court prior to the return date established on the citation a
sworn notarized statement that he or she was not the operator of the vehicle at
the time of the alleged violation and identifying the name and address of the
operator of the vehicle at the time of the alleged violation.
(f)
A violation for which a civil penalty is imposed pursuant to this Code section
shall not be considered a moving traffic violation for the purpose of points
assessment under Code Section 40-5-57. Such violation shall be deemed
noncriminal and imposition of a civil penalty pursuant to this Code section
shall not be deemed a conviction and shall not be made a part of the operating
record of the person upon whom such liability is imposed.
(g)
If a person summoned by first-class mail fails to appear on the date of return
set out in the citation and has not paid the penalty for the violation or
complied with paragraph (2) or (3) of subsection (e) of this Code section, the
person summoned shall have waived the right to contest the violation and shall
be liable for a civil monetary penalty of not more than $100.00.
(h)
Any court having jurisdiction over violations of Code Sections 40-6-181 and
40-6-183 or any ordinance adopting the provisions of said Code sections pursuant
to Code Section 40-6-372 shall have jurisdiction over cases arising under this
Code section and shall be authorized to impose the civil monetary penalty
provided by this Code section. Except as otherwise provided in this Code
section, the provisions of law governing jurisdiction, procedure, defenses,
adjudication, appeal, and payment and distribution of penalties otherwise
applicable to violations of Code Sections 40-6-181 and 40-6-183 shall apply to
enforcement under this Code section; provided, however, that any appeal from
superior or state court shall be by application in the same manner as that
provided by Code Section 5-6-35.
(i)
The provisions of this Code section shall not limit law enforcement agencies to
the use of a photographic speed-measuring system in enforcing Code Sections
40-6-181 and 40-6-183; and, when there is evidence obtained from another source
or sources which constitutes a prima-facie case of a violation of Code Sections
40-6-181 and 40-6-183, such violation may be prosecuted as otherwise provided by
law in lieu of, but not in addition to, enforcement under this Code
section."
SECTION
2.
Said
title is further amended in Chapter 14 by adding a new Article 4 to read as
follows:
"ARTICLE
4
40-14-30.
As
used in this article, the term:
(1)
'Photographic speed-measuring system' means a speed-measuring system that works
in conjunction with a photographic, video, or electronic camera to automatically
measure the speed and produce photographs, video, or digital images of vehicles
violating the speed limit.
(2)
'Vendor' means a company or manufacturer contracted by a county or municipality
to install and maintain a photographic speed-measuring system.
40-14-31.
(a)(1)
The law enforcement agency of any county or municipality shall not use a
photographic speed-measuring system unless the chief law enforcement officer of
such county or municipality desires the use of such system and such use is
approved by the governing authority of the county or municipality.
(2)
A county or municipality may use a photographic speed-measuring system only in
school zones and only up to one hour before, during, and up to one hour after
normal hours of school operation on days when school is in session.
(3)
The governing authority of the county or municipality shall conduct a public
hearing on the proposed use of such system prior to entering any contract on or
after July 1, 2005, for the use or purchase of such system.
(b)
No county or municipal governing authority shall be authorized to use a
photographic speed-measuring system where any arresting officer or official of
the court having jurisdiction of traffic cases is paid on a fee system. This
Code section shall not apply to any official receiving a recording
fee.
(c)
The compensation paid by the county or municipality to a vendor for a
photographic speed-measuring system shall be based only on the value of such
equipment or the services provided. Compensation for services or equipment is
not to be based on the number of traffic citations issued or the revenue
generated by the system.
(d)
A photographic speed-measuring system shall not be used by a law enforcement
agency unless the law enforcement agency employs at least one full-time
certified peace officer.
(e)
A photographic speed-measuring system shall be used only to produce the recorded
images as defined in paragraph (3) of subsection (a) of Code Section 40-6-189
and shall not be used to produce any photograph, microphotograph, electronic
image, or videotape showing the person operating the motor vehicle.
40-14-32.
Each
county or municipal law enforcement agency using a photographic speed-measuring
system shall at its own expense test the system for accuracy at regular
intervals and record and maintain the results of each test. Such test results
shall be public records subject to inspection as provided by Article 4 of
Chapter 18 of Title 50. Each such test shall be made in accordance with the
manufactureŕs
recommended procedure. Any such system not meeting the
manufactureŕs
minimum accuracy requirements shall be removed from service and thereafter shall
not be used by the county or municipal law enforcement agency until it has been
serviced and calibrated at the expense of the law enforcement agency by a
qualified technician.
40-14-33.
Each
county or municipality using a photographic speed-measuring system shall erect
signs warning all approaching motorists that a photographic speed-measuring
system is being employed on each public road on which a photographic
speed-measuring system is being utilized. Such warning signs shall be at least
30 inches by 30 inches in measurement and shall be placed no less than 500 feet
from the photographic speed-measuring devices.
40-14-34.
Each
county or municipality using a photographic speed-measuring system shall submit
not later than February 1 of each year a report on such use during the preceding
calendar year to the Governor, the Lieutenant Governor, and the Speaker of the
House of Representatives. Such report shall include, without
limitation:
(1)
A description of the locations where a photographic speed-measuring system was
used;
(2)
The number of violations recorded at each location on a monthly
basis;
(3)
The total number of citations issued;
(4)
The number of civil monetary penalties and total amount of such penalties paid
after citation without contest;
(5)
The number of violations adjudicated and results of such adjudications,
including a breakdown of dispositions made; and
(6)
The total amount of civil monetary penalties paid.
40-14-35.
Failure
of a law enforcement agency, county, or municipality to meet the requirements of
this article shall cause such agency, county, or municipality to be ineligible
to use the photographic speed-measuring system for a period of at least 90 days
commencing upon the date such failure was discovered and until such requirements
are met. Resumption of eligibility and use shall be treated the same as initial
installation for purposes of paragraph (2) of subsection (c) of Code Section
40-6-189."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.