HB 499 seeks to amend Article 2 of Chapter 14 of Title 40 of the O.C.G.A. relating to speed detection devices, so as to provide for automated traffic enforcement safety devices in school zones. Paragraph (1) is added to subsection (c) to specify that the law enforcement agency or the agent on behalf of the agency operating an automated traffic enforcement safety device shall maintain a log for the device attesting to the performance of the device’s self-test at least once every 30 days. Such log shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18. They additionally must perform an independent calibration on the device once every 12 months. Such results are duly admissible in court proceedings. 

            New subsection (c) to Code Section 40-14-6 related to the requirement for warning signs. The law enforcement agency responsible for the devices must erect warning signs of the use of a stationary speed detection device within the approaching school zone. Such sign must be within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone.

            New Code Section 40-14-18 permits the speed limit in such zones to be enforced by using recorded images for violations which occurred during the time periods relative to normal hours of school operation and programs of care and supervision of students when such violations are in excess of ten miles per hour over the speed limit. The driver shall be found liable for civil monetary penalty if such vehicle has been found to have been operated in disregard or disobedience of the speed limit within any school zone and is not otherwise authorized by law. The amount shall be $125.00 in addition to fees associated with the electronic processing of such civil monetary penalty which shall not exceed $25.00. Within 30 days after the device is first introduced, the individual shall not be liable for civil monetary penalty but shall be issued a civil warning. The section specifies the notification proceedings by which the law enforcement agency must abide. Liability under this Code Section shall be based upon a preponderance of evidence. Rebuttal shall be made if the individual testifies in open court that they were not the operator of the vehicle at the time of the alleged violation and identifies the name of the operator of the vehicle at the time of the violation or presents to the court a copy of a police report showing that the vehicle had been stolen prior to the time of the alleged violation.