07 LC
35 0497
House
Bill 560
By:
Representative Day of the
163rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating
to use of speed detection and traffic-control signal monitoring devices, so as
to change certain provisions relating to speed detection devices; to define a
term; to provide certain restrictions for photographic speed detection devices;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
14 of Title 40 of the Official Code of Georgia Annotated, relating to use of
speed detection and traffic-control signal monitoring devices, is amended by
redesignating paragraph (4) as paragraph (5) and adding a new paragraph (4) to
Code Section 40-14-1, relating to definitions regarding use of speed detection
devices, as follows:
"(4)
'Photographic speed detection device' means any speed detection device which is
equipped with photographic equipment capable of creating a photographic image of
a motor vehicle or driver or license plate of the motor vehicle while also
measuring the speed or velocity of the motor vehicle."
SECTION
2.
Said
chapter is further amended by adding a new Code section as follows:
"40-14-25.
(a)
Any person or business which offers for sale in this state a photographic speed
detection device shall be registered as a business with the Secretary of State,
shall be required to pay an annual business license fee of $2,000.00, and shall
post therewith a $5,000.00 bond for each photographic speed detection device to
be sold in this state.
(b)
Any law enforcement agency purchasing a photographic speed detection device
shall verify that the person or business from whom the agency is purchasing such
device is lawfully licensed and bonded as required in this Code section.
Purchasing from an individual or business that does not have a valid business
license for the sale of photographic speed detection devices or that has failed
to post sufficient bond shall subject the law enforcement agency to a revocation
of its speed detection device permit as provided in Article 2 of this
chapter.
(c)
It shall be unlawful for a photographic speed detection device to be utilized by
any county, municipality, or campus law enforcement agency for the detection of
a traffic violation unless the law enforcement agency has a valid permit issued
by the Department of Public Safety to operate speed detection
devices.
(d)
No photographic image created by a photographic speed detection device shall be
admissible in any civil or criminal proceeding against an alleged
violator."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.