Definitions

As used in this article, the term: (1) ‘‘Governing authority’’ means any county, municipality, or consolidated government. (2) ‘‘Recorded images’’ has the meaning provided in subparagraph (f )(1)(B) of Code Section 40-6-20. (3) ‘‘Traffic-control signal monitoring device’’ has the meaning provided in subparagraph (f )(1)(C) of Code Section 40-6-20. (Code 1981, § 40-14-20, enacted by Ga. L. 2001, p. 770, § 4; Ga. L. 2008, p. 1184, § 3/HB 77.) 40-14-21. Traffic-control signal monitoring devices; application and permit for operation; collection and use of civil monetary penalty; inspection of devices. (a) A governing authority must obtain an operating permit from the Department of Transportation prior to using any traffic-control signal monitoring device. The governing authority shall not use traffic-control signal monitoring devices unless the chief law enforcement officer of such governing authority desires the use of such devices and such use is approved by a properly adopted resolution of the governing authority. (b) The governing authority shall also conduct a public hearing on the proposed use of such devices prior to entering any contract on or after July 1, 2001, for the use or purchase of such devices. (c) The Department of Transportation is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for traffic-control signal monitoring device permits and to prescribe the required information to be submitted by an applicant consistent with the requirements of this title. The Department of Transportation may deny an application or suspend or revoke a permit for failure of the governing authority to provide requested information or documentation or for any other violation of this article or violation of the rules and regulations of the department. (d) An application for the operation of a traffic-control signal monitoring device by a governing authority shall name the intersection at 683 40-14-21 which the device is to be used and provide demonstrable evidence that there is a genuine safety need for the use of such device at the designated intersection. The documented safety need for each designated intersection shall be approved by the Department of Transportation in accordance with nationally recognized safety standards. For each designated intersection, the governing authority shall conduct a traffic engineering study to determine whether, in addition to or as an alternative to the traffic-control signal monitoring device, there are other possible design or operational changes likely to reduce the number of accidents or red light violations at that intersection. This report shall be submitted with the application for an operation permit required under these provisions and any request to amend the operation permit to include an additional intersection. (e) The revenue generated by the use of a traffic-control signal monitoring device shall not be considered when determining whether to issue a permit for the operation of such devices at a designated intersection. The only consideration shall be the increased life-saving safety value by the use of such a device at the designated intersection. (f ) Permits shall be issued by the Department of Transportation within three months of receiving a completed permit application from a governing authority where such governing authority is otherwise in compliance with the provisions of this article. An application for amendment to an existing permit and an application for a renewal permit following a suspension or revocation of a permit shall also be processed within three months of receipt of such application, provided that the application is complete and complies with the provisions of this article. A permit shall authorize use of a traffic-control signal monitoring device for only those designated intersections approved as having a documented life-saving safety need by the Department of Transportation. (g) No governing authority shall be authorized to use traffic-control signal monitoring 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. (h) If a governing authority elects to use traffic-control signal monitoring devices, no portion of any civil monetary penalty collected through the use of such devices may be paid to the manufacturer or vendor of the traffic-control signal monitoring devices. The compensation paid by the governing authority for such devices shall be based on the value of such equipment and shall not be based on the number of citations issued or the revenue generated by such devices. (i) Charges for violations based on evidence obtained from a traffic-control signal monitoring device shall not be made by a law 684 40-14-21 USE OF SPEED DETECTION DEVICES, ETC. 40-14-22 enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer. (j) A traffic-control signal monitoring device shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle. (k) A governing authority utilizing traffic-control signal monitoring devices shall at all times cooperate fully with the Department of Transportation. The department is authorized, at any time, to inspect traffic-control signal monitoring devices used by a governing authority and any records pertaining to revenues collected from the use of such devices. (l) A permit may be amended at any time by amended application submitted by a governing authority. The request to amend an application and to add a new intersection to the list of authorized intersections for the operation of a traffic-control signal monitoring device shall be considered by the department in the same manner as original permit applications. (m) A permit shall be reviewed by the Department of Transportation once every three years from the date of issuance or date of the most recent extension unless the permit has been revoked or suspended by the department. The review shall be conducted in the same manner as the original permit application. (n) The department is authorized to set reasonable application fees to compensate the department for necessary costs in issuing, amending, or reviewing a permit to operate traffic-control signal monitoring devices. (o) Any governing authority operating a traffic-control signal monitoring device on December 31, 2008, shall have until January 1, 2010, to obtain a permit for the operation of such device as required by this Code section. (Code 1981, § 40-14-21, enacted by Ga. L. 2001, p. 770, § 4; Ga. L. 2003, p. 597, § 3; Ga. L. 2004, p. 498, § 2; Ga. L. 2008, p. 1184, § 4/HB 77.) 40-14-22. Timing of traffic-control signals utilizing monitoring devices. The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50. The duration of the yellow or red light of any traffic-control device at which a traffic-control signal monitoring device is installed shall not be decreased prior to the installation of a device or during the time for which the device is operated. The Department of 685 40-14-24 Transportation shall establish minimal yellow light change interval times for traffic-control devices at intersections where a traffic-control signal monitoring device is utilized. The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards, and any such established time shall not be less than the recognized national standard plus one additional second. Each governing authority using a traffic-control signal monitoring device shall at its own expense test the device 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 manufacturer’s recommended procedure. Any such device not meeting the manufacturer’s minimum accuracy requirements shall be removed from service and thereafter shall not be used by the governing authority, nor shall any charges for violations based on evidence from such device be made by a law enforcement agency, until such device has been serviced and calibrated at the expense of the governing authority by a qualified technician. (Code 1981, § 40-14-22, enacted by Ga. L. 2001, p. 770, § 4; Ga. L. 2008, p. 1184, § 5/HB 77.) 40-14-23. Use of signs to notify motorists of traffic-control signal monitoring devices. Each governing authority using traffic-control signal monitoring devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the jurisdictional limits of the governing authority. A sign shall be erected also by such entity on each public road on the approach to the next traffic-control signal for such road when a traffic-control signal monitoring device is monitoring such next signal for such road and signs shall also be erected at any other location required by the Department of Transportation. Such signs shall be of a design specified by the Department of Transportation in accordance with nationally recognized standards. (Code 1981, § 40-14-23, enacted by Ga. L. 2001, p. 770, § 4; Ga. L. 2008, p. 1184, § 6/HB 77.) 40-14-24. Reports on traffic-control signal monitoring device use. (a) Each governing authority using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Department of Transportation. Such report shall include, without limitation: (1) A description of the locations where traffic-control signal monitoring devices were used; 686 40-14-24 USE OF SPEED DETECTION DEVICES, ETC. 40-14-25 (2) The number of violations recorded at each location and in the aggregate 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; (6) The total amount of civil monetary penalties paid; and (7) The quality of the adjudication process and its results. (b) If any governing authority fails to provide the report provided for in subsection (a) of this Code section all revenues generated from the operation of any traffic-control signal monitoring device from the date the report was due shall be forwarded to the general fund of the state. The governing authority shall not be entitled to retain any revenue until the annual report is filed and accepted by the Department of Transportation. (c) The Department of Transportation shall forward copies of all reports to the offices of the Governor, Lieutenant Governor, and the Speaker of the House by March 1 of each year. The department shall also forward to the offices of the Governor, Lieutenant Governor, and the Speaker of the House a complete list of all traffic-control signal monitoring devices currently in use. (Code 1981, § 40-14-24, enacted by Ga. L. 2001, p. 770, § 4; Ga. L. 2003, p. 597, § 4; Ga. L. 2008, p. 1184, § 7/HB 77.) 40-14-25. Complaints about traffic-control signal monitoring devices; rebuttable presumption; remission of revenues. (a) Complaints surrounding the use and operation of traffic-control signal monitoring devices by governing authorities, including the use by a governing authority for any purpose other than the promotion of the public health, welfare, and safety or in a manner which violates this article or violates its operating permit, may be made to the commissioner of transportation. The commissioner or the commissioner’s designee is authorized to conduct an investigation into the acts and practices of the governing authority with respect to the use of traffic-control signal monitoring devices. If, as a result of this investigation, there is evidence to substantiate a violation of this article or the rules and regulations of the Department of Transportation, the department may take any action deemed necessary to prevent further misconduct or violations, including denying an application for a permit or suspension or revocation of a permit. 687 40-14-26 (b) There shall be a rebuttable presumption that a governing authority is using traffic-control signal monitoring devices for purposes other than the promotion of the public health, welfare, and safety if such devices are used by a governing authority without a valid permit issued by the Department of Transportation or in violation of any requirement of this article or the rules and regulations of the department. (c) Where a violation of this article by a governing authority or any law enforcement agency enforcing the use of traffic-control signal monitoring devices on behalf of such governing authority is substantiated, the Department of Transportation may order that revenues generated from the use of traffic-control signal monitoring devices during the time of such violation or misconduct shall be remitted to the state’s general fund. The department’s order to remit funds shall be a continuous order until the violation is corrected by the governing authority as determined by the department. Any governing authority failing to abide by such order shall be liable for interest and costs, including reasonable attorney fees, incurred in the enforcement of the order. Jurisdiction for enforcing the department’s order shall be in the Superior Court of Fulton County. (Code 1981, § 40-14-25, enacted by Ga. L. 2008, p. 1184, § 8/HB 77; Ga. L. 2009, p. 8, § 40/SB 46.) 40-14-26. Revoking traffic-control signal monitoring device permit; hearing; reconsideration. (a) Upon issuance by the commissioner of transportation of an order denying an application for or suspending or revoking a traffic-control signal monitoring device permit, the governing authority affected shall be afforded a hearing, to be held within 30 days of the effective date of the order. The hearing shall be held before the commissioner of the department or his or her designee, and, within 30 days following the hearing, the governing authority affected shall be served with a written decision announcing whether the permit shall remain denied, suspended, or revoked or whether it shall be granted or reinstated. (b) Only after the expiration of three years following the revocation of a traffic-control signal monitoring device permit shall the governing authority make application, upon a change of circumstances being shown, to the commissioner of transportation for a reconsideration of whether the governing authority should be permitted to use traffic-control signal monitoring devices. (Code 1981, § 40-14-26, enacted by Ga. L. 2008, p. 1184, § 8/HB 77; Ga. L. 2009, p. 8, § 40/SB 46.) 688 T.40, C.15 MOTORCYCLE OPERATOR SAFETY TRAINING 40-15-1 CHAPTER 15 MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM Sec. 40-15-1. 40-15-2. 40-15-3. Sec.