Current through Reg. 50, No. 187; September 24, 2024
(1) All speed
measuring devices to be used in obtaining evidence of motor vehicle speeds for
use in any court in the State of Florida shall be of a type approved by the
Department of Highway Safety and Motor Vehicles prior to their use.
(2) In addition, evidence of the speed of a
vehicle measured by any radar speed measuring device (RSMD), laser speed
measuring device (LSMD) or Average Speed Calculator (ASC), is inadmissible in
any proceeding with respect to an alleged violation of provisions of law
regulating the lawful speed of vehicles unless such evidence of speed is
obtained by a law enforcement officer who meets the following requirements:
(a)
1.
Operators of RSMD's must have satisfactorily completed the RSMD training course
or speed measurement device (SMD) course established by the Criminal Justice
Standards and Training Commission pursuant to Section
943.17, F.S.
2. Operators of LSMD's must have
satisfactorily completed the LSMD training course or speed measurement device
(SMD) course established by the Criminal Justice Standards and Training
commission pursuant to Section
943.17, F.S.
3. Beginning July 1, 2004 new operators of
ASC devices must complete the ASC training course or speed measurement device
(SMD) course established by the Criminal Justice Standards and Training
Commission pursuant to Section
943.17, F.S. Operators of ASC
devices similar to the VASCAR and Kustom Tracker must complete additional
clocks using each of their five basic clocking methods.
4. After July 1, 2004, new operators of
RSMD's, LSMD's and ASC's must complete the Speed Measurement Device training
course established by the Criminal Justice Standards and Training Commission
pursuant to Section 943.17, F.S.
(b) Has made an independent visual
determination that the vehicle is operating in excess of the applicable speed
limit.
(c) Has written a citation
based on evidence obtained from a RSMD or LSMD when conditions permit the clear
assignment of speed to a single vehicle.
(d) Is using a RSMD which has no automatic
speed locks and no audio alarms, unless disconnected or de-activated. This
requirement is not applicable to a LSMD.
(e) Is operating a RSMD with audio Doppler
engaged. This requirement is not applicable to a LSMD.
(f) Is using a RSMD, LSMD, ASC or other SMD
that meets the minimum design criteria set forth in these rules.
(g) Is operating a RSMD tested according to
Rule 15B-2.009, F.A.C., or a LSMD
tested according to Rule
15B-2.016,
F.A.C.
Rulemaking Authority 316.1905, 316.1906 FS. Law Implemented
316.1905, 316.1906, 943.17 FS.
New 9-11-78, Amended 7-12-82, Formerly 15B-2.07, Amended
11-16-92, 10-18-94, 5-23-04.
