CALIFORNIA CODES
VEHICLE CODE
SECTIONS 40801-40805 and 40808
40801. No peace officer or other
person shall use a speed trap in
arresting, or participating or assisting in the arrest of, any person
for any alleged violation of this code nor shall any speed trap be
used in securing evidence as to the speed of any vehicle for the
purpose of an arrest or prosecution under this code.
40802.
(a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(2) A particular section of a highway
with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352,
or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not
justified by an engineering and traffic survey conducted within
five years prior to the date of the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures
the speed of moving objects. This paragraph does not apply to a local
street, road, or school zone.
(b)
(1) For
purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when these
maps have not been submitted, or when the street or road is not shown
on the maps, a "local street or road" means a street or road that
primarily provides access to abutting residential property and meets
the following three conditions:
(A)
Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as defined
in Section 445.
(C)
Not more than one traffic lane in each direction.
(2) For purposes of this section "school zone" means that area
approaching or passing a school building or the grounds thereof that is
contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school either
during school hours or during the noon recess period. "School zone"
also includes the area approaching or passing any school grounds that
are not separated from the highway by a fence, gate, or other physical
barrier while the grounds are in use by children if that highway is
posted with a standard "SCHOOL" warning sign.
(c)
(1)
When all of the following criteria are met, paragraph (2) of this
subdivision shall be applicable and subdivision (a) shall not be
applicable:
(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the use
of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
(B)
When laser or any other electronic device is used to measure the speed
of moving objects, the arresting officer has successfully completed the
training required in subparagraph (A) and an additional training course
of not less than two hours approved and certified by the Commission on
Peace Officer Standards and Training.
(C)
(i) The
prosecution proved that the arresting officer complied with
subparagraphs (A) and (B) and that an engineering and traffic survey
has been conducted in accordance with subparagraph (B) of paragraph
(2). The prosecution proved that, prior to the officer issuing the
notice to appear, the arresting officer established that the radar,
laser, or other electronic device conformed to the requirements of
subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the
conditions present at the time of alleged violation unless the citation
was for a violation of Section 22349, 22356, or 22406.
(D)
The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair and
testing or calibration facility.
(2) A "speed trap" is either of the following:
(A) A
particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(B)
(i) A
particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of
Section 22352, or established under Section 22354, 22357, 22358, or
22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than seven
years prior to the date of the alleged violation, and a registered
engineer evaluates the section of the highway and determines that no
significant changes in roadway or traffic conditions have occurred,
including, but not limited to, changes in adjoining property or land
use, roadway width, or traffic volume, 10 years.
(ii) This subparagraph does not apply to a local street, road, or
school zone.
40803.
(a) No evidence as to the speed of
a vehicle upon a highway shall be admitted in any court upon the trial
of any person in any prosecution under this code upon a charge
involving the speed of a vehicle when the evidence is based upon or
obtained from or by the maintenance or use of a speedtrap.
(b) In any prosecution under this
code of a charge involving the speed of a vehicle , where enforcement
involves the use of radar or other electronic devices which measure the
speed of moving objects, the prosecution shall establish, as part of
its prima facie case, that the evidence or testimony presented is not
based upon a speedtrap as defined in paragraph (2) of subdivision (a)
of Section 40802.
(c) When a traffic and engineering
survey is required pursuant to paragraph (2) of subdivision (a) of
Section 40802 , evidence that a traffic and engineering survey has been
conducted within five years of the date of the alleged violation or
evidence that the offense was committed on a local street or road as
defined in paragraph (2) of subdivision (a) of Section 40802 shall
constitute a prima facie case that the evidence or testimony is not
based upon a speedtrap as defined in paragraph (2) of subdivision (a)
of Section 40802.
40804.
(a) In any prosecution under this
code upon a charge involving the speed of a vehicle , any officer or
other person shall be incompetent as a witness if the testimony is
based upon or obtained from or by the maintenance or use of a speed
trap.
(b) Every officer arresting, or
participating or assisting in the arrest of, a person so charged while
on duty for the exclusive or main purpose of enforcing the provisions
of Divisions 10 and 11 is incompetent as a witness if at the time of
such arrest he was not wearing a distinctive uniform, or was using a
motor vehicle not painted the distinctive color specified by the
commissioner.
This section does not apply to an
officer assigned exclusively to the duty of investigating and securing
evidence in reference to any theft of a vehicle or failure of a person
to stop in the event of an accident or violation of Section 23109 or in
reference to any felony charge or to any officer engaged in serving any
warrant when the officer is not engaged in patrolling the highways for
the purpose of enforcing the traffic laws.
40805. Every court shall be without
jurisdiction to render a judgment of conviction against any person for
a violation of this code involving the speed of a vehicle if the court
admits any evidence or testimony secured in violation of, or which is
inadmissible under this article.
40808. Subdivision (d) of Section
28 of Article I of the California Constitution [[ see Truth in Evidence ]]
shall not be construed as abrogating the evidentiary provisions of this
article.
|