Rule 15B-2.007
The rules for the approval requirements of all speed measuring devices used in Florida are set out in Florida Administrative Code Rule Rule 15B-2.007. Under these rules, the Florida Legislature has delegated certain functions to administrative agencies including the Florida Department of Highway Safety and Motor Vehicles under Florida Statutes Section 316.1905 and Section 316.1906 FS.
The rules were formerly created on September 11, 1978, as Rule 15B-2.07. The rules were last amended on May 23, 2004.
Rule 15B-2.007 provides that 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.
Additionally, evidence of the speed of a vehicle can be measured by any of the following devices: 1. Radar Speed Measuring Device (RSMD); 2. Laser Speed Measuring Device (LSMD); or 3. Average Speed Calculator (ASC).
Evidence from one of these three speed-measuring devices is inadmissible in trials in traffic court for speeding tickets or any other 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.
Rules for the Radar Speed Measuring Device (RSMD)
Operators of a Radar Speed Measuring Device (RSMD) must meet the following requirements: 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.; must complete the Speed Measurement Device training course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.; must first make an independent visual determination that the vehicle is operating in excess of the applicable speed limit; ensure conditions permit the clear assignment of speed to a single vehicle; make sure the radar does not have automatic speed locks or audio alarms, unless the locks or alarms are disconnected or de-activated; make sure that the radar device has audio Doppler engaged; make sure the device must also meets the minimum design criteria set forth in these rules; make sure the device is tested according to Rule 15B-2.009, F.A.C.
Rules for the Laser Speed Measuring Device (LSMD)
Operators of Laser Speed Measuring Device (LSMD) must meet the following requirements: 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.; must complete the Speed Measurement Device training course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.; must first make an independent visual determination that the vehicle is operating in excess of the applicable speed limit; write a citation only if conditions permit the clear assignment of speed to a single vehicle; ensure the laser device also meets the minimum design criteria set forth in these rules; ensure the laser device is also tested according to Rule 15B-2.016, F.A.C.
Rules for Average Speed Calculator (ASC)
Operators of Average Speed Calculator (ASC) devices must meet the following requirements: 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.; complete the Speed Measurement Device training course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.; first make an independent visual determination that the vehicle is operating in excess of the applicable speed limit; only write a citation when the conditions permit the clear assignment of speed to a single vehicle; and ensure the average speed calculator device meets the minimum design criteria set forth in these rules.
Additionally, the operators of ASC devices similar to the VASCAR and Kustom Tracker must complete additional clocks using each of their five basic clocking methods. Examples of Average Speed Calculators (ASC) that are approved for use in Florida include the Traffic Safety Systems, Inc. – VASCAR-Plus, the Kustom Electronics, Inc., or Kustom Signals, Inc. – Model Tracker, and the Federal Sign and Signal Corp. – VASCAR II.
This article was last updated on Tuesday, May 23, 2017.