Title 40, Chapter 14, Section 11
( 40-14-11)
(a) Upon a complaint being made to the commissioner of public safety
that any county, municipality, college, or university is employing
speed detection devices for purposes other than the promotion of the
public health, welfare, and safety or in a manner which violates
this chapter or violates its speed detection device permit, the
commissioner or the commissioner's designee is authorized and
empowered to conduct an investigation into the acts and practices of
such county, municipality, college, or university with respect to
speed detection devices. If, as a result of this investigation, the
commissioner or the commissioner's designee finds that there is
probable cause to suspend or revoke the speed detection device
permit of such county, municipality, college, or university, he or
she shall issue an order to that effect. (b) Upon the suspension or revocation of any speed detection device
permit for the reasons set forth in this Code section, the
commissioner of public safety shall notify the executive director of
the Georgia Peace Officer Standards and Training Council of the
action taken. (c) Upon receipt from the executive director of the Georgia Peace Officer Standards and Training Council that an officer's certification to operate speed detection devices has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner of public safety or the commissioner's designee shall suspend the speed detection device permit for the employing agency. The period of suspension or revocation shall be consistent with the action taken by the Georgia Peace Officer Standards and Training Council. (d) There shall be a rebuttable presumption that a law enforcement
agency is employing speed detection devices for purposes other than
the promotion of the public health, welfare, and safety if the fines
levied based on the use of speed detection devices for speeding
offenses are equal to or greater than 40 percent of that law
enforcement agency's budget; provided, however, that fines for
speeding violations exceeding 17 miles per hour over the established
speed limit shall not be considered when calculating total speeding
fine revenue for the agency. |