How can I get a speed survey in Georgia?

Got a speeding ticket in Georgia in an area that I think is a speed trap. I've read that a speed survey has to have been done in the past five years or the ticket can be voided. Is that true and if so, how can I get my hands on the survey?

If there was a speed survey, then the state police/highway patrol has it. Request it under the state's sunshine law.


"I've read that a speed survey has to have been done in the past five years or the ticket can be voided."

I think you need to get better reading material.

From what i have read of the Manual on Uniform Traffic Control Devices (MUTCD) This is true.

http://mutcd.fhwa.dot.gov


1) Page 1A-16 section 24, An engineering study shall be conducted by an
engineer to determine the appropriate speed limits and traffic controls and
this study shall be documented.

2) Page 2B-13 section 2B.11 The posted speed limit shall be in accordance
with the engineering study and shall be posted at the 85th percentile speed
of free flowing traffic rounded up to the nearest 5mph increment.

3) Page 1A-6 section 1A.10 Adoptions of traffic control devices other than
as described in this manual are prohibited.

4) Page 1A-6 section 1A.09 Jurisdictions without engineers on staff must
seek assistance from engineering consultants or nearby jurisdictions with
qualified engineers on staff, or the State Transportation Agency.

5) Page 1A-4 section 1A.07 When any local or State jurisdiction uses any
manual or supplement for determining traffic controls, that manual or
supplement must conform to the MUTCD.

6) Page 1-1 introduction: Standard, Paragraph 2: The MUTCD is authorized by
23 Code of Federal Regulations (CFR), part 655, Subpart F and is the
national standard for all traffic control devices on all public roads in
accordance with 23 U.S.C. 109(d) and 402(a). These are the policies of the
Federal Highway Administration (FHWA) to obtain basic uniformity of traffic
control devices as described.

Reference #1 means that an engineering study (speed survey) is not optional
if a speed limit is to be posted and enforced. It must be done. It must be
done by an engineer, and the survey must be documented and therefore
available to the public. This is obviously so that agencies can't just
create false low speed limits (speed traps) and then milk the public for all
the money they want in illegal revenue.

Reference #2 means that part of every legal engineering study is to
determine the 85th percentile speed, or the speed of the average driver,
then the road which was surveyed must be posted at that presumptively safe
85th percentile speed rounded up to the nearest 5mph.

Reference #3 means cities and towns can not choose to obey or not obey these
Federal regulations

Reference #4 means that small towns or any agency that does not have or
cannot afford a traffic engineer (not just a job title, but someone with a
traffic engineering degree) must hire an engineering firm or arrange for an
out of town engineer to conduct the traffic engineering studied. Small towns
are never exempt from compliance with every regulation of the MUTCD.

Reference #5 means that cities, counties and towns cannot create thier own
manual or supplemental or municipal codes and say "we go by our own little
book". The only way a city can follow any other publication no matter the
source is if that publication conforms to the MUTCD. There are a couple of
states that use thier own book and usually call it the "State Traffic
Manual". However, as in the above federal reference, these books are legal
only as long as they conform to the MUTCD. Why do they print them, you ask?
Usually to try and bend the federal regulations and claim that it is ok,
because it is authorized in their own book. Remember, Federal superceeds the
State. Anywhere they differ, the State book is in error. In other words they
have to follow the federal regulations period.

Reference #6 gives the federal code book references that any judge or police
officer can look up as well as the references given from the MUTCD, and see
that the MUTCD is the bible of traffic law and traffic enforcement. There is
no other book that superceeds the MUTCD. The MUTCD superceeds all other
publications in regard to traffic controls and enforcement.





I could be wrong here, am I?

Here is the specific section that you are looking for: (Quoted from the 2003 edition of the manual for uniform traffic control devices, federal law)

Section 2B.13 Speed Limit Sign (R2-1)
Standard:
After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.

Guidance:
At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review.



here is a link:

http://mutcd.fhwa.dot.gov/HTM/2003/part2/part2b1.htm

"...At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review...."

does not mean

"...I've read that a speed survey has to have been done in the past five years or the ticket can be voided...."

You are very correct sir, however most motorists will find that speed surveys either have not been conducted regularly, or they have not been legally adhered to. For instance on my latest ticket (on a 4 lane road) the last survey done was in 1985 and the road was a 2 lane residential now it is a 5 lane commercial and the speed limit is still 40, even though the 85th percentile in 1985 was 44 MPH. I have not met with the prosecutor yet but i don't think this will even make the court room!

charlesgage said:

...I have not met with the prosecutor yet but i don't think this will even make the court room!...

Click to expand...

Keep us posted....I am always willing to learn new stuff.

jetplane said:

Hi, new guy here, I found your site through google.

I have a somewhat similar case to this ticket as of this evening

State: Georgia
County: Cobb
Town: Kennesaw

I got a 67 in a 45 ticket this evening in an obvious speed trap. Officer said I was targeted with laser, although I know I was going 60.

Is there any way to find out when the last survey was done on this road, and if its out of date, is that a chance to contest my citation?

-Thanks

Click to expand...

Hijackers not allowed.