Bill would let trained local police use radar under safeguards

Trained local police could use radar to measure vehicle speeds. Local police could use radar on local roads and on state roads when a state agency gives permission. Every participating municipality must pass a local law approving radar use, including each municipality served by a regional police department. Officers must complete approved training, work from clearly marked vehicles in locations drivers can readily see, and have required radar warning signs posted. Officials could not require or suggest citation quotas, although this restriction would not change conditions attached to federal or state traffic-enforcement funding. The training provision would take effect immediately; radar authorization and the other safeguards would take effect 180 days after enactment.

Courts would apply minimum speeding margins before convicting drivers based on the listed speed-measuring devices. The minimum margins and 500-foot rule would cover evidence from laser devices, radar, moving radar, and other listed electronic speed tools. A conviction would generally require a recorded speed at least 10 mph over the limit, or at least 6 mph over when the limit exceeds 55 mph. These margins would not apply in school zones or active work zones. Laser devices, radar, moving radar, and other listed electronic devices generally could not support a conviction within 500 feet after a lower speed-limit sign. Signs for school zones, work zones, bridges, elevated structures, and hazardous grades are excepted. Local radar violations would carry fines of $42.50 where the limit is at least 65 mph and $35 elsewhere, plus $2 for each mile beyond 5 mph over the limit. They would not count as criminal convictions, add license points, or be reported to the state transportation department. For the first 90 days in which radar speed enforcement is actually carried out after local approval, drivers could receive only written warnings.

Police agencies could use different speed-measuring tools according to the limits set for each agency. State Police could use laser devices, stationary or moving radar, other listed electronic tools, and patrol-car speedometers. Local officers could use radar under the local rules, other listed electronic tools, and speedometers. Delaware River Port Authority police could use specified tools, including stationary radar. Port Authority officers must complete the required training before using radar. Laser devices could be used only by State Police or approved automated systems. Moving radar could be used only by State Police. These device-use provisions would take effect 180 days after enactment.

The state transportation department would oversee testing, calibration, certification, and rules for speed-measuring devices. The requirements cover radar, moving radar, laser devices, speedometers, and the other mechanical or electronic speed tools listed in the bill. Radar and moving radar must have been accuracy-tested within one year before an alleged violation. Other listed mechanical or electronic devices must have been tested within 60 days. Laser devices and systems must be tested and calibrated at least every 365 days before use. Calibration must cover associated equipment when appropriate. Testing certificates could serve as initial proof of accuracy in court and may be signed and submitted electronically. The department must issue temporary rules for the main group of speed devices and may issue them for laser devices. Temporary rules expire within three years or when final rules take effect, whichever comes first. The main temporary-rule provision would take effect immediately; the testing requirements and laser-rule provision would take effect 180 days after enactment.

A municipality using local radar could keep speeding-fine revenue only up to the annual cap. In the adoption year, the cap would be 101% of the prior year's covered speeding fines. Later caps would be 101% of the amount the municipality was allowed to keep the previous year. The municipality must send money above the cap to the state Motor License Fund and report the prior year's fine revenue by February 1. The Auditor General must audit randomly selected municipalities each year. If an audit finds too little money was sent during any of the 10 most recent calendar years, the state would deduct twice the shortage from a future municipal payment. These rules would take effect 180 days after enactment. Reports would be due each February 1 after adoption while local approval remains in effect.