TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 14. Use of Speed Detection Devices and Red Light Cameras, 40-14-1 through 40-14-26.

ARTICLE 2 SPEED DETECTION DEVICES

40-14-6. Warning signs required; signage requirements.

Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.
In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.
In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary speed detection device within the approaching school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone. There shall be a rebuttable presumption that such signs are properly installed pursuant to this subsection at the time of any alleged violation under this article.

(Ga. L. 1968, p. 425, § 5; Ga. L. 1970, p. 435, § 4; Ga. L. 1989, p. 586, § 1; Ga. L. 1996, p. 1281, § 9; Ga. L. 2003, p. 450, § 5; Ga. L. 2018, p. 1057, § 5/HB 978.)

The 2018 amendment, effective July 1, 2018, added subsection (c).

JUDICIAL DECISIONS

Incomplete compliance.

- Although there is evidence that some sites on the city limits of the municipality should have had signs but did not, since there is also evidence that other locations contained signs comporting with the statute, incomplete compliance with O.C.G.A. § 40-14-6 does not require exclusion of evidence gathered by use of a speed detection device. Ferguson v. State, 163 Ga. App. 171, 292 S.E.2d 87 (1982).

Evidence of speeding was admissible even though the city was not in total literal compliance with the requirements of O.C.G.A. § 40-14-6 that signs be erected on every highway at the point on the highway which intersects the corporate limits of the city. Royston v. State, 166 Ga. App. 386, 304 S.E.2d 732 (1983).

When a defendant convicted of speeding claimed there was no evidence that the public was put on notice that speed detection devices were in use near the location where the defendant was stopped, under O.C.G.A. § 40-14-6(a), incomplete compliance with this provision, requiring the posting of warnings that speed detection devices were in use, did not require the exclusion of evidence obtained by the use of speed detection devices. Ferguson v. State, 263 Ga. App. 40, 587 S.E.2d 195 (2003).

Despite the defendant's claim that the state failed to comply with O.C.G.A. § 40-14-6, the officer's testimony that the defendant had been speeding was admissible because the officer testified that the officer verified the existence and extent of a 35 mph speed limit zone at the county line by riding on both sides of that line and physically verifying the posted speed limits in the area. Frasard v. State, 322 Ga. App. 468, 745 S.E.2d 716 (2013).

Placement of detection device.

- O.C.G.A. § 40-14-6 requires that a speed detection device itself be more than 500 feet from the county or municipal boundary, but does not forbid the penetration of a radar beam into the 500-foot zone. State v. Vickery, 184 Ga. App. 468, 361 S.E.2d 678, cert. denied, 184 Ga. App. 910, 361 S.E.2d 678 (1987).

Applicability to state law enforcement officers.

- O.C.G.A. § 40-14-6 is not applicable to state law enforcement officers and therefore although the radar was not operated within 500 feet of a radar speed device warning sign, such failure would not invalidate the radar evidence. Walker v. State, 204 Ga. App. 559, 420 S.E.2d 17, cert. denied, 204 Ga. App. 922, 420 S.E.2d 17 (1992).

Because a trooper was employed by the state, and not a county, municipality, college, or university, the limitations under O.C.G.A. § 40-14-6 did not apply. Wilshin v. State, 289 Ga. App. 683, 658 S.E.2d 224 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 271.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 28 et seq., 68 et seq. 61A C.J.S., Motor Vehicles, § 1641 et seq.

Syfert Injury Law Firm

2018 Georgia Code 40-14-6 | Car Wreck Lawyer