Definitions

As used in this article, the term: (1) ‘‘Agent’’ means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and: (A) Provides services to such law enforcement agency or governing body; (B) Operates, maintains, leases, or licenses an automated traffic enforcement safety device; or (C) Is authorized by such law enforcement agency or governing body to review and assemble the recorded images captured by the automated traffic enforcement safety device for review by a peace officer. (2) ‘‘Automated traffic enforcement safety device’’ means a speed detection device that: (A) Is capable of producing photographically recorded still or video images, or both, of the rear of a motor vehicle or of the rear of a motor vehicle being towed by another vehicle, including an image of such vehicle’s rear license plate; (B) Is capable of monitoring the speed of a vehicle as photographically recorded pursuant to subparagraph (A) of this paragraph; and (C) Indicates on each photographically recorded still or video image produced the date, time, location, and speed of a photographically recorded vehicle traveling at a speed above the posted speed limit within a marked school zone. (3) ‘‘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. (4) ‘‘Recorded images’’ means still or video images recorded by an automated traffic enforcement safety device. 661 40-14-1.1 MOTOR VEHICLES AND TRAFFIC 40-14-2 (5) ‘‘School zone’’ means the area within 1,000 feet of the boundary of any public or private elementary or secondary school. (Code 1981, § 40-14-1.1, enacted by Ga. L. 2018, p. 1057, § 2/HB 978.) Effective date. — This Code section became effective July 1, 2018. 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. (Code 1981, § 40-14-1.2, enacted by Ga. L. 2018, p. 1057, § 2/HB 978.) Effective date. — This Code section became effective July 1, 2018. 40-14-2. Permit required for use; use not authorized where officers paid on fee system; operation by registered or certified peace officers. (a) 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 devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this chapter. (b) No county sheriff, county or municipal governing authority, college, or university shall be authorized to use speed detection devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by registered or certified peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable; provided, however, that an automated traffic enforcement safety device may be operated by an agent or registered or certified peace officers of the county sheriff, county, or municipality to which the permit is applicable. Persons 662 40-14-2 USE OF SPEED DETECTION DEVICES, ETC. 40-14-3 operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices; provided, however, that agents may operate automated traffic enforcement safety devices without such registrations or certifications. (Ga. L. 1968, p. 425, § 1; Ga. L. 1978, p. 2254, § 1; Ga. L. 1979, p. 771, § 1; Ga. L. 1989, p. 586, § 1; Ga. L. 1996, p. 1281, § 6; Ga. L. 1997, p. 956, § 1; Ga. L. 1999, p. 1227, § 1; Ga. L. 2018, p. 1057, § 3/HB 978.) The 2018 amendment, effective July 1, 2018, in subsection (c), added the provisos at the end of the second and third sentences.