35-8-12. Certification to use speed detection devices; withdrawal or
suspension of certificate.
(a) Persons employed or appointed by any agency, organ, or department of this state or a
subdivision or municipality thereof authorized to use speed detection devices shall be
required to be certified by the council as qualified speed detection device operators.
Each person operating radar speed or laser detection devices shall satisfactorily complete
a course of instruction in the theory and application of speed detection device operation
as a condition for certification. The council shall establish and modify the curriculum
for the course of instruction, including a minimum number of hours. Persons authorized and
qualified to conduct the course of instruction required by this Code section shall be
certified by the council as speed detection device operator instructors upon complying
with requirements prescribed by the council. The council shall have the authority to
recognize instruction received by persons subject to the requirements of this Code section
if, in the determination of the council, the instruction is at least equivalent to that
required by this chapter. If the instruction is recognized, then it shall be accepted in
lieu of part or parts of the minimum hours of instruction required for speed detection
device certification by this chapter. Should any person fail to complete successfully the
training requirements for operation of speed detection devices, he or she shall not
perform any functions related to the use of the devices until such training shall have
been successfully completed and until such time as the council shall issue appropriate
certification. All persons certified to use speed detection devices shall complete an
update or refresher training course of such duration and at such time as may be prescribed
by the council in order for their speed detection device operators' certifications to
remain in force and effect. The council is authorized to withdraw or suspend the
certification of any person for failure to meet the update or refresher requirements
specified in this Code section or for violation of any portion of this chapter relating to
conditions which may lead to the withdrawal or suspension of peace officer certification
to operate radar or laser speed detection devices.
(b) Upon the withdrawal or suspension of any certificate to operate speed detection
devices for the reasons set forth in this Code section, the executive director of the
council shall notify the commissioner. The notification shall contain the officer's name
and employing law enforcement agency.
(c) Upon receipt from the commissioner that a speed detection device permit has been
suspended or revoked pursuant to Code Section 40-14-11, the council shall withdraw or
suspend the certification to operate speed detection devices for every certified operator
employed by the agency whose permit has been suspended or revoked. The period of
withdrawal or suspension shall be consistent with the action taken by the department.
History (Ga. L. 1980, p. 979, § 3; Ga. L. 1996, p. 1281, § 2.)
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