2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 14 - Use of Speed Detection Devices and Red Light Cameras
Article 1 - General Provisions
§ 40-14-1. Definitions

Universal Citation: GA Code § 40-14-1 (2021)

As used in this chapter, the term:

  1. "Campus" means the grounds owned or occupied by a college or university.
  2. "Campus law enforcement agency" means the campus agency charged with the enforcement of the laws of this state.
  3. "College or university" means an accredited public or private educational institution of higher learning.
  4. "Speed detection device" means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name "Vascar" or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety.

(Ga. L. 1968, p. 425, § 3; Ga. L. 1970, p. 435, § 3; Ga. L. 1984, p. 502, § 1; Ga. L. 1989, p. 586, § 1; Ga. L. 1996, p. 1281, §§ 4, 5.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, "principle" was substituted for "principal" preceding "of radar" in the first sentence of paragraph (4).

Law reviews.

- For review of 1996 use of radar speed detection devices legislation, see 13 Ga. St. U.L. Rev. 244 (1996).

JUDICIAL DECISIONS

Laser-based devices.

- Inclusion of laser-based devices in the definition of "speed detection devices," without more, does not vitiate the state's burden of satisfying the requirements applicable to "novel scientific evidence." Izer v. State, 236 Ga. App. 282, 511 S.E.2d 625 (1999).

Failure to prove that the radar was used in accordance with the required prerequisites did not require approval of the defendant's motion to suppress when the officer testified at trial that the officer stopped the defendant's car because the officer first observed the defendant driving in excess of the posted speed limit and then confirmed this observation through the use of radar. Green v. State, 239 Ga. App. 617, 521 S.E.2d 441 (1999).

Evidentiary foundation properly laid.

- See Brooker v. State, 206 Ga. App. 563, 426 S.E.2d 39 (1992).

OPINIONS OF THE ATTORNEY GENERAL

Definition of "speed detection device."

- Definition of "speed detection device" found in O.C.G.A. § 35-8-2(11) does not conflict with the definition for the same device found in O.C.G.A. § 40-14-1. 1981 Op. Att'y Gen. No. 81-77.

O.C.G.A. § 35-8-2(11) does not bring in any additional types of devices not considered under the definition found in O.C.G.A. § 40-14-1. 1981 Op. Att'y Gen. No. 81-77.

Stopwatch.

- Although not normally thought to be a "speed detection device," a stopwatch does meet that definition under O.C.G.A. § 35-8-2(11) when the stopwatch is used in traffic enforcement. 1981 Op. Att'y Gen. No. 81-77.

Stopwatch is a similar mechanism to "Vascar." In actuality, "Vascar" is a type of stopwatch combined with a computer which handles the mathematical functions. 1981 Op. Att'y Gen. No. 81-77.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 947 et seq.

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