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Georgia Traffic Laws

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cinderellie

Junior Member
Cherokee County, Georgia
I have two questions:
1) is it illegal to speed in a passing lane
2) is it legal for a police officer to be on private property
using a radar gun?
 


Two Bit

Member
The only restriction on local officers about where they sit to run radar is that they must be visible for 500'.
 

justalayman

Senior Member
Two Bit said:
The only restriction on local officers about where they sit to run radar is that they must be visible for 500'.

From what direction?
-----------

Concerning the first question; speeding in a passing lane.

Could either of the two (pooh, 2bit) of you point me in the right direction as to the laws that would allow (or probably not disallow) this. Georgia's site is a pain for me to find much.
 

Ohiogal

Queen Bee
justalayman said:
From what direction?
-----------

Concerning the first question; speeding in a passing lane.

Could either of the two (pooh, 2bit) of you point me in the right direction as to the laws that would allow (or probably not disallow) this. Georgia's site is a pain for me to find much.
I'd be interested too because if you are speeding you are breaking the law regardless of whether or not it is in a passing lane. Speeding is speeding regardless of what lane you are in -- and speeding by definition is illegal.
 

Two Bit

Member
>From what direction?

The direction where the traffic you're monitoring is coming from. This only applies for stationary radar.

What code sections were you cited with?

The following is my radar cheat sheet that I used to give out when I taught the radar school. I haven't updated it in a while. You can look up the laws yourself at http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-14-1.

Georgia Speed and Radar Laws.

40-6-180 No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. ...

40-6-181 Per Se Speed Limits 30-Residential Areas 35-Unpaved Roads 70-Outside Large Cities on controlled access highways 65-Insdie Large Cities on highways and interstates 65-On divided non-controlled access highways 55-All other locations Or as signs direct.

40-6-183 Local governments can set speed limits based on engineering studies. Speed limits can't change more than 6 times in one mile. Speed limits can't be reduced by more than 10 mph by one sign unless it's a school zone.

40-6-184 Drivers can't impede the normal flow of traffic. Drivers can't drive in the left lane at less than the speed limit when someone is trying to overtake them. Local authorities can establish minimum speed limits.

40-6-187 Every citation for a speed violation must include a speed that the defendant is alleged to have driven.

40-6-188 DOT or local authorities may temporarily change speed limits in construction zones.

40-6-390 Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving. This includes driving in excess of 30 mph over the speed limit.

40-14-2 In order for an agency to use speed detection devices: The governing authority must have authorization by DPS Can't pay officer on a fee system Must provide 24/7 law enforcement services or only full time officers may operate speed detection devices. Officers must certified peace officers employed by the governing authority that holds the permit. Officer operating speed detection devices must be certified peace officers and certified operators of speed detection devices.

40-14-3 The permit will list each road and the speed limit that will be enforced

40-14-4 * Agencies must possess a FCC license (A DPS permit is presumptive evidence of an FCC License. NARION v. STATE 215 Ga. App. 76 - 1994). A technician must calibrate each device annually.

40-14-5 * Each device must be checked for accuracy at the beginning and end of each shift. Officers must inform each violator that they have right to request the officer to test the radar device for accuracy. Officer must perform the test if requested.

40-14-6 Signs warring of speed detection devices must mark the entry points of each jurisdiction. Speed detection devices shall not be used within 500 feet of the warning signs and speed limit signs. _ This means the device must not be within 500 feet. Officers can shoot radar into the 500-foot zone. STATE v. VICKERY 184 Ga. App. 468 (1987).

40-14-7 Local officers cannot operate speed detection devices in STATIONARY mode unless their vehicle is visible for 500 feet.

40-14-8 Citations based on speed detection devices must be for more than 10 mph over the speed limit unless it is a school zone, during school hours, a residential area, unless it's a 35mph zone, or a historical district.

40-14-9 City or county officers, inside of a city, cannot use speed detection devices within 300 feet of a reduced speed zone. City or county officers, outside of a city, cannot use speed detection devices within 600 feet of a reduced speed zone. No officer* may enforce a reduced speed limit within 30 days of a change with a speed detection device. Local officers may not use speed detection devices on a 7% or greater grade.

40-14-10 It is a misdemeanor for speed detection devices to be used without a permit or while the permit is suspended or revoked.

40-14-11 Speed detection permits may be revoked if the devices are not used 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. There is a rebuttable presumption that the agency is not using speed detection devices for public safety, et al, if they generate more than 40% of their budget with tickets that are for less than 17 mph in excess of the speed limit.

40-14-16 No speeding violation (not just radar) for less than 10 mph over the speed limit can be used to suspend a driver's license for points.

40-14-17 LIDAR is reliable.

* Applies to state agencies.
 

justalayman

Senior Member
That is one heck of a post Two Bit! It sounds as if anybody recieving a ticket has a thousand things that could invalidate the ticket.

The following is my radar cheat sheet that I used to give out when I taught the radar school. I haven't updated it in a while. You can look up the laws yourself at http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-14-1.[/
I appreciate the link, I've been there and can't seem to find an index. I end up wading through too many to find an answer. So thanks for your perseverence, mine was lacking.:eek:

In all of the info you posted. I saw nothing that would support Poohmantbb's post of it being NOT illegal to speed in a passing lane. Did I miss something or is Pooh mistaken?
 

Ohiogal

Queen Bee
justalayman said:
That is one heck of a post Two Bit! It sounds as if anybody recieving a ticket has a thousand things that could invalidate the ticket.



I appreciate the link, I've been there and can't seem to find an index. I end up wading through too many to find an answer. So thanks for your perseverence, mine was lacking.:eek:

In all of the info you posted. I saw nothing that would support Poohmantbb's post of it being NOT illegal to speed in a passing lane. Did I miss something or is Pooh mistaken?
Poohman is mistaken. The posted speed limit is the fastest one can travel in optimum conditions on that portion of road. Regardless of what lane. Anything more than that and you are breaking the law.
 
Ohiogal said:
Poohman is mistaken. The posted speed limit is the fastest one can travel in optimum conditions on that portion of road. Regardless of what lane. Anything more than that and you are breaking the law.
I apologize. I misread the original post. My intention was to say that YES, it is ILLEGAL to spped in a passing zone. Sorry for the typo.

I do find the 500 ft. rule very interesting. It is not that way here. Interesting info!!!
 

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