25 HB 651/SCSFA
SENATE SUBSTITUTE TO HB 651
ADOPTED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated,1
relating to speed detection devices, so as to revise provisions relative to the use of automated2
traffic enforcement safety devices in school zones; to revise standards for signs warning of3
the use of automated traffic enforcement safety devices in school zones; to repeal exceptions4
to making a case based upon use of speed detection devices; to provide for investigations5
relative to complaints and violations; to provide for penalties for misuse or unauthorized use6
of automated traffic enforcement safety devices; to authorize revocation of permits relating7
to such devices; to include civil monetary penalties collected for violations of speed limits8
enforced by automated traffic enforcement safety devices for consideration of the maximum9
percent of a law enforcement agency's budget; to provide for hearing rights upon revocation10
of permits for operation of automated traffic enforcement safety devices; to provide for11
appeal; to provide for the ability of a local government to decrease time frames for issuing12
citations for the violation of posted speed limit by ten miles per hour or more in a school13
zone through the use of automated traffic enforcement safety devices; to revise application14
procedure for a permit to operate such devices; to prohibit the assessment of late fees,15
surcharges, and taxes relating to civil monetary penalties; to provide standards for notice sent16
for imposition of a civil monetary penalty; to provide for distribution of moneys collected;17
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to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to18
authorize district attorneys, solicitors-general, and prosecuting attorneys to enforce civil19
monetary penalties relative to the enforcement of laws regarding speeding in a school zone20
using recorded images; to provide for related matters; to repeal conflicting laws; and for21
other purposes.22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23
SECTION 1.24
Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to25
speed detection devices, is amended in Code Section 40-14-6, relating to warning signs26
required and signage requirements, by revising subsection (c) as follows:27
"(c) In addition to the signs required under subsections (a) and (b) of this Code section,28
each law enforcement agency using an automated traffic enforcement safety device as29
provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary30
speed detection an automated traffic enforcement safety device within the an approaching31
school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly32
from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed33
in such a manner that the view of such sign is subject to being obstructed by any other34
vehicle on such highway. Automated traffic enforcement safety device warning Such signs35
shall be placed within 500 feet prior to the any warning sign announcing the reduction of36
the speed limit for the school speed zone. Such signs shall include lights which flash37
yellow in accordance with any rule or regulation established by the Department of38
Transportation when the automated traffic enforcement safety device is authorized to issue39
citations pursuant to Code Section 40-14-18. There shall be a rebuttable presumption that40
such signs are properly installed pursuant to this subsection at the time of any alleged41
violation under this article."42
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SECTION 2.43
Said article is further amended by revising Code Section 40-14-8, relating to when case may44
be made and conviction had, as follows:45
"40-14-8.46
(a) No county, city, or campus officer shall be allowed to make a case based on the use of47
any speed detection device, unless the speed of the motor vehicle exceeds the posted speed48
limit by more than ten miles per hour and no conviction shall be had thereon unless such49
speed is more than ten miles per hour above the posted speed limit.50
(b) The limitations contained in subsection (a) of this Code section shall not apply in51
properly marked school zones one hour before, during, and one hour after the normal hours52
of school operation or programs for care and supervision of students before school, after53
school, or during vacation periods as provided for under Code Section 20-2-65, in properly54
marked historic districts, and in properly marked residential zones. For purposes of this55
chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be56
considered residential districts. For purposes of this Code section, the term 'historic57
district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and58
which is listed on the Georgia Register of Historic Places or as defined by ordinance59
adopted pursuant to a local constitutional amendment."60
SECTION 3.61
Said article is further amended by revising Code Section 40-14-11, relating to investigations62
by commissioner of public safety, issuance of order suspending or revoking permit, and ratio63
of speeding fines to agency's budget, as follows:64
"40-14-11.65
(a) Upon a complaint being made to the commissioner of public safety that any county,66
municipality, college, or university, or agent is employing speed detection devices for67
purposes other than the promotion of the public health, welfare, and safety or in a manner68
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which violates this chapter or violates its speed detection device permit, the commissioner69
or the commissioner's designee is authorized and empowered to conduct an investigation70
into the acts and practices of such county, municipality, college, or university, or agent71
with respect to speed detection devices. If, as a result of this such investigation, the72
commissioner or the commissioner's designee finds that there is probable cause to suspend73
or revoke the speed detection device permit of such county, municipality, college, or74
university, he or she shall issue an order to that effect.75
(b) Upon the suspension or revocation of any speed detection device permit for the reasons76
set forth in this Code section, the commissioner of public safety shall notify the executive77
director of the Georgia Peace Officer Standards and Training Council of the action taken. 78
When the speed detection device is an automated traffic enforcement safety device, the79
commissioner of public safety shall send a copy of such order to the commissioner of80
transportation.81
(c) Upon receipt from the executive director of the Georgia Peace Officer Standards and82
Training Council that an a peace officer's certification to operate speed detection devices83
has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner of84
public safety or the commissioner's designee shall suspend the speed detection device85
permit for the employing agency. The period of suspension or revocation shall be86
consistent with the action taken by the Georgia Peace Officer Standards and Training87
Council.88
(d) Upon the conclusion of an investigation pursuant to subsection (a) of this Code section,89
any agent, law enforcement agency, or governing body found to have intentionally violated90
any provision of this chapter relating to automated traffic enforcement safety devices,91
including, but not limited to, the unauthorized issuance of a civil monetary penalty for a92
violation of this title other than as provided for in this chapter, shall be assessed a fine93
of $2,500.00 for the first violation and $5,000.00 for a second violation by the94
commissioner of public safety. The commissioner of public safety shall be further95
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authorized to suspend all speed detection device permits relating to the operation of96
automated traffic enforcement safety devices for a jurisdiction upon a third or subsequent97
finding of a violation of this chapter. The commissioner of public safety shall notify the98
Department of Transportation of any such suspension, and the Department of99
Transportation shall suspend the operating permit for an automated traffic enforcement100
safety device for such jurisdiction upon receipt of such notice and for a period not to101
exceed 12 months.102
(e) There shall be a rebuttable presumption that a law enforcement agency is employing103
speed detection devices for purposes other than the promotion of the public health, welfare,104
and safety if the fines or civil monetary penalties levied based on the use of speed detection105
devices for speeding offenses are equal to or greater than 35 percent of a municipal or106
county law enforcement agency's budget. For purposes of this Code section, fines collected107
for citations issued for violations of Code Section 40-6-180 shall be included when108
calculating total speeding fine revenue for the agency; provided, however, that fines for109
speeding violations exceeding 20 miles per hour over the established speed limit and civil110
monetary penalties for speeding violations issued pursuant to Code Section 40-14-18 shall111
not be considered when calculating total speeding fine revenue for the agency."112
SECTION 4.113
Said article is further amended by revising Code Section 40-14-12, relating to administrative114
hearing upon permit suspension or revocation, as follows:115
"40-14-12.116
(a) Upon issuance by the commissioner of public safety of an order suspending or117
revoking the speed detection device permit of any county, municipality, college, or118
university, the county, municipality, college, or university affected shall be afforded a119
hearing, to be held within ten days of the effective date of the order. The hearing shall be120
held before the commissioner or deputy commissioner of public safety, and, following the121
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such hearing, the county, municipality, college, or university affected shall be served with122
a written decision announcing whether the permit shall remain revoked or whether it shall123
be reinstated.124
(b) Upon issuance of an order by the commissioner of transportation suspending or125
revoking an operating permit for an automated traffic enforcement safety device, the126
affected governing body shall be afforded a hearing, to be held within ten days of the127
effective date of the order. The hearing shall be held before the commissioner of128
transportation, and, following such hearing, the affected governing body shall be served129
with a written decision announcing whether the permit shall remain revoked or whether it130
shall be reinstated."131
SECTION 5.132
Said article is further amended by revising Code Section 40-14-13, relating to administrative133
and judicial appeal of decision suspending or revoking permit, as follows:134
"40-14-13.135
(a) Any county, municipality, college, or university aggrieved by a decision of the136
commissioner or deputy commissioner of public safety suspending or revoking its speed137
detection device permit may appeal that decision within 30 days of its effective date to the138
Board of Public Safety, which shall schedule a hearing with respect thereto to such hearing139
before the board. Following a hearing before the board, the county, municipality, college,140
or university affected shall be served with a written decision announcing whether the141
permit shall remain revoked or whether it shall be reinstated. An adverse decision of the142
board may be appealed by the county, municipality, college, or university to the superior143
court with appropriate jurisdiction, but the municipality, county, municipality, college, or144
university shall be denied the use of the speed detection device until after such appeal is145
decided by the court.146
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(b) Any governing body aggrieved by a decision of the commissioner of transportation147
suspending or revoking its operating permit for an automated traffic enforcement safety148
device may appeal such decision within 30 days of its effective date to the superior court149
with appropriate jurisdiction; provided, however, that the governing body shall be denied150
the use of an automated traffic enforcement safety device until after such appeal is decided151
by the court."152
SECTION 6.153
Said article is further amended by revising Code Section 40-14-18, relating to enforcement154
of speed limit in school zones with recorded images, civil monetary penalty, and155
consequences for failure to pay penalty, as follows:156
"40-14-18.157
(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-8158
and marked pursuant to Code Section 40-14-6 may be enforced by using photographically159
recorded images for violations which occurred only on a school day during the time in160
which instructional classes are taking place and for one hour before such classes are161
scheduled to begin and for one hour after such classes have concluded when such162
violations are in excess of ten miles per hour over the speed limit; provided, however,163
that a governing body of a county or municipality shall be authorized to enact an164
ordinance or resolution which provides for further limitations upon the hours when165
enforcement may take place than as authorized by this paragraph. Violations enforced166
pursuant to this paragraph shall be based upon the ten miles per over the reduced speed167
limit when a reduction for the speed limit for a school zone is in effect and ten miles per168
hour over the posted speed limit for the school zone when no reduced speed limit is in169
effect.170
(2) Prior to the placement of a an automated traffic enforcement safety device within a171
school zone, each school within whose school zone the governing body of the county or172
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municipality whose law enforcement agency is authorized to enforce the speed limit of173
a school zone where such automated traffic enforcement safety device is to be placed and174
which holds a valid permit for the operation of speed detection devices issued by the175
Department of Public Safety pursuant to Code Section 40-14-2 shall first apply for and176
secure a permit from the Department of Transportation for the use of such automated177
traffic enforcement safety device. Such permit shall be awarded based upon need. The178
Department of Transportation shall promulgate rules and regulations for the179
implementation of this paragraph.180
(b) For the purpose of enforcement pursuant to this Code section:181
(1) The owner of a motor vehicle shall be liable for a civil monetary penalty to the182
governing body of the law enforcement agency provided for in paragraph (2) of this183
subsection authorized to enforce the speed limit within the school zone where an184
automated traffic enforcement safety device is located if such motor vehicle is found, as185
evidenced by photographically recorded images, to have been operated in disregard or186
disobedience of the posted speed limit within any a school zone and such disregard or187
disobedience was not otherwise authorized by law. The amount of such civil monetary188
penalty shall be $75.00 for a first violation and $125.00 for a second or any subsequent189
violation, in addition to fees associated with the electronic processing of such civil190
monetary penalty which shall not exceed $25.00 five percent when payment is made by191
credit card, check, or money order; provided, however, that for a period of 30 days after192
the first automated traffic enforcement safety device is introduced by a law enforcement193
agency within a school zone, the driver owner of a motor vehicle shall not be liable for194
a civil monetary penalty but shall be issued a civil warning for disregard or disobedience195
of the posted speed limit within the school zone;196
(2) A law enforcement agency authorized to enforce the speed limit of a school zone, or197
an agent working on behalf of a law enforcement agency or governing body, shall send198
by first class first-class mail in an envelope which prominently displays the name and seal199
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or logo of the governing body and addressed to the owner of the motor vehicle within 30200
days after obtaining the name and address of the owner of the motor vehicle from the201
Department of Revenue or other official state agency which registers motor vehicles for202
a motor vehicle registered in another state but no later than 60 days after the date of the203
alleged violation:204
(A) A citation for the alleged violation, which shall include the date and time of the205
violation, the location of the infraction, the maximum speed at which such motor206
vehicle was traveling in photographically as evidenced by recorded images, the207
maximum speed applicable within such school zone, the civil warning or the amount208
of the civil monetary penalty imposed, and the date by which a civil monetary penalty209
shall be paid;210
(B) An image taken from the photographically recorded images showing the motor211
vehicle involved in the infraction;212
(C) A website address where photographically recorded images showing the motor213
vehicle involved in the infraction and a duplicate of the information provided for in this214
paragraph may be viewed;215
(D) A copy of a certificate sworn to or affirmed by a certified peace officer employed216
by a law enforcement agency authorized to enforce the speed limit of the school zone217
and stating that, based upon inspection of photographically recorded images, the218
owner's motor vehicle was operated in disregard or disobedience of the speed limit in219
the marked school zone and that such disregard or disobedience was not otherwise220
authorized by law;221
(E) A statement of the inference provided by paragraph (4) of this subsection and of222
the means specified therein by which such inference may be rebutted;223
(F) Information advising the owner of the motor vehicle of the manner in which224
liability as alleged in the citation may be contested through an administrative hearing225
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which shall include a statement which reads: 'YOU HAVE A RIGHT TO CONTEST226
LIABILITY IN COURT'; and227
(G) A warning that failure to pay the civil monetary penalty or to contest liability in228
a timely manner as provided for in subsection (d) of this Code section shall waive any229
right to contest liability;230
(3) Proof that a motor vehicle was operated in disregard or disobedience of the speed231
limit of the marked school zone shall be as evidenced by photographically recorded232
images. A accompanied by a copy of a certificate sworn to or affirmed by a certified233
peace officer employed by a law enforcement agency and stating that, based upon234
inspection of photographically recorded images, a motor vehicle was operated in235
disregard or disobedience of the speed limit in the marked school zone and that such236
disregard or disobedience was not otherwise authorized by law shall be prima-facie237
evidence of the facts contained therein; and238
(4) Liability under this Code section shall be determined based upon a preponderance of239
the evidence. Prima-facie evidence that the motor vehicle described in the citation issued240
pursuant to this Code section was operated in violation of the speed limit of the school241
zone, together with proof that the defendant was, at the time of such violation, the242
registered owner of the motor vehicle, shall permit the trier of fact in its discretion to243
infer that such owner of the motor vehicle was the driver operator of the motor vehicle244
at the time of the alleged violation. Such an inference may be rebutted if the owner of245
the motor vehicle:246
(A) Testifies under oath in open court or submits to the court a sworn notarized247
statement that he or she was not the operator of the motor vehicle at the time of the248
alleged violation; or249
(B) Presents to the court a certified copy of a police report showing that the motor250
vehicle had been reported to the police as stolen prior to the time of the alleged251
violation.252
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(c) A violation for which a civil warning or a civil monetary penalty is imposed pursuant253
to this Code section shall not be considered a moving traffic violation for the purpose of254
points assessment under Code Section 40-5-57. Such violation shall be deemed255
noncriminal, and imposition of a civil warning or civil monetary penalty pursuant to this256
Code section shall not be deemed a conviction and shall not be made a part of the operating257
record of the person upon whom such liability is imposed, nor shall it be used for any258
insurance purposes in the provision of motor vehicle insurance coverage. A civil monetary259
penalty imposed pursuant to this Code section shall not be taxed nor shall any additional260
penalty, fee, or surcharge to such penalty be assessed other than as authorized by this Code261
section.262
(d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section263
fails to pay the civil monetary penalty for the violation or has not filed a police report or264
notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no265
less than 30 nor more than 60 days after such mailing as determined and noticed by the law266
enforcement agency, the agent or law enforcement agency shall send to such person by first267
class first-class mail a second notice of any unpaid civil monetary penalty, except in cases268
where there is an adjudication that no violation occurred or there is otherwise a lawful269
determination that no civil monetary penalty shall be imposed. No late fee shall be270
imposed for any unpaid civil monetary penalty imposed under this Code section. The271
second notice shall include all information required in paragraph (2) of subsection (b) of272
this Code section and shall include a new date of return by which the civil monetary273
penalty shall be paid which shall be no less than 30 days after such mailing as determined274
and noticed by the law enforcement agency. If such person notified by second notice again275
fails to pay the civil monetary penalty or file a police report or notarized statement pursuant276
to paragraph (4) of subsection (b) of this Code section by the new date of return included277
in the notice, such person shall have waived the right to contest the violation and shall be278
liable for the civil monetary penalty provided for under this Code section, except in cases279
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where there is an adjudication that no violation occurred or there is otherwise a lawful280
determination that no civil monetary penalty shall be imposed.281
(e) Notices mailed by first class first-class mail pursuant to this Code section shall be282
adequate notification of the fees and penalties imposed by this Code section. No other283
notice shall be required for the purposes of this Code section.284
(f) Any court having jurisdiction over violations of subsection (a) of this Code section285
traffic laws within a jurisdiction where recorded images were produced shall have286
jurisdiction over cases arising under this subsection Code section and shall be authorized287
to impose the civil monetary penalty provided by this subsection Code section. Except as288
otherwise provided in this subsection Code section, the provisions of law governing289
jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of290
penalties otherwise applicable to violations of subsection (a) of this Code section traffic291
laws within a jurisdiction where recorded images were produced shall apply to enforcement292
under this Code section except as provided in subsection (b) of this Code section; provided,293
however, that any appeal from superior or state court shall be by application in the same294
manner as that provided by Code Section 5-6-35.295
(g) If a violation citation issued pursuant to this Code section has not been contested and296
the assessed penalty has not been paid, the agent or governing body shall send to the person297
who is the registered owner of the motor vehicle a final notice of any unpaid civil monetary298
penalty authorized by this Code section, except in cases where there is an adjudication that299
no violation occurred or there is otherwise a lawful determination that no civil monetary300
penalty shall be imposed. The notice shall inform the registered owner that the agent or301
governing body shall send a referral to the Department of Revenue if the assessed penalty302
is not paid within 30 days after the final notice was mailed and of the consequences for303
failure to pay such penalty and any late fee.304
(h) The agent or governing body shall send a the referral authorized by subsection (g) of305
this Code section to the Department of Revenue not sooner than 30 days after the final306
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notice required under such subsection (g) was mailed if a violation has not been contested307
and the assessed penalty has not been paid, except in cases where there is an adjudication308
that no violation occurred or there is otherwise a lawful determination that no civil309
monetary penalty shall be imposed. The referral to the Department of Revenue shall310
include the following:311
(1) Any information known or available to the agent or governing body concerning the312
license plate number, year of registration, and the name of the owner of the motor313
vehicle;314
(2) The date on which the violation occurred;315
(3) The citation number issued for the violation; and316
(4) The date when the notice required under this Code section was mailed.317
(i) If the Department of Revenue receives a referral under subsection (h) of this Code318
section, such referral shall be entered into the motor vehicle data base database within five319
days of receipt and the Department of Revenue shall refuse to renew the registration of the320
motor vehicle unless and until the civil monetary penalty plus any late fee is paid to the321
agent or governing body.322
(j) The Department of Revenue shall remove the penalty on a vehicle registration if any323
person presents the Department of Revenue with adequate proof from the agent or324
governing body that the penalty and any late fee, if applicable, has been paid.325
(k) Recorded images made for purposes of this Code section shall not be a public record326
for purposes of Article 4 of Chapter 18 of Title 50.327
(l) A civil warning or civil monetary penalty under this Code section on the owner of a328
motor vehicle shall not be imposed if the operator of the motor vehicle was arrested or329
issued a citation and notice to appear by a certified peace officer for the same violation.330
(m) The money collected and remitted to the governing body pursuant to paragraph (1) of331
subsection (b) of this Code section shall only be used by such governing body to fund local332
law enforcement or public safety initiatives. This subsection shall not authorize the use of333
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such funds for salaries of law enforcement officers or personnel and shall not preclude the334
appropriation of a greater amount than collected and remitted under this subsection."335
SECTION 7.336
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code337
Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in338
counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:339
"(A) In the prosecution of any violation of the laws or ordinances of such county which340
is within the jurisdiction of such probate court and punishable by confinement or a fine341
or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"342
SECTION 8.343
Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,344
by revising paragraph (6) as follows:345
"(6) To prosecute civil actions to enforce any civil penalty set forth in Code346
Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the347
prosecution or defense of which the state is interested, unless otherwise specially348
provided for;"349
SECTION 9.350
Said title is further amended in Code Section 15-18-66, relating to duties and authority of351
solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:352
"(4) To prosecute civil actions to enforce any civil penalty set forth in Code353
Section 40-6-163 or 40-14-18 and when authorized by law to prosecute or defend any354
civil action in the state court in the prosecution or defense of which the state is interested,355
unless otherwise specially provided for;"356
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SECTION 10.357
Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting358
attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:359
"(A) In the prosecution of any violation of the laws or ordinances of such municipality360
which is within the jurisdiction of such municipal court and punishable by confinement361
or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;362
and"363
SECTION 11.364
All laws and parts of laws in conflict with this Act are repealed.365
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