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BILL AS INTRODUCED 2007-2008

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H.255

Introduced by   Representative Obuchowski of Rockingham

Referred to Committee on

Date:

Subject:  Motor vehicles; speeding; handheld photo radar detection; penalties

Statement of purpose:  This bill proposes to authorize enforcement officers to use handheld photo radar to detect speeders.

AN ACT RELATING TO THE USE OF HANDHELD PHOTO RADAR DEVISES TO DETECT SPEEDING VIOLATIONS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec 1.  23 V.S.A. § 1013a is added to read:

§ 1013a.  HANDHELD PHOTO RADAR SPEED DETECTION DEVICES

(a)  A “handheld photo radar device” is an instrument designed to record the speed of a vehicle and obtain a clear photograph of a motor vehicle, the vehicle operator, and the vehicle’s registration plate while the driver is violating speed limit laws on state and town highways.  The photograph must display the time, date, and location of the violation.

(b)  State and municipal enforcement officers who have successfully completed an operator course approved by the criminal justice training council may use handheld photo radar detection devices in the course of their employment for the purpose of preventing or detecting speeding violations.  Devices that emit nonionizing radiation shall not be used.  The department of health shall establish operating procedures to reduce the operator’s exposure to microwave radiation.  The procedures, at a minimum, shall require that:

(1)  the operator turn the unit off when it is not in use;

(2)  if the unit has a stand-by mode, the operator use this mode except when measuring a vehicle’s speed;

(3)  the operator not allow the antenna to rest against his or her body while it is in operation; and

(4)  the operator always point the antenna unit away from him or herself.

(c)  Tickets issued under the provisions of this section shall be sent to the registered owner of the motor vehicle.  Motor vehicle points may be assessed against the operator of a vehicle under the provisions of chapter 25 of this title if the operator can be clearly determined.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us