Erie County
21.09 USE OF SPEED MEASURING DEVICES FOR ENFORCEMENT PURPOSES POLICY STATEMENT Sworn personnel are authorized to use agency owned and approved devices for measuring the speed of motor vehicles traveling on the roadways to facilitate the enforcement of traffic laws. The following procedures will be followed to ensure that such devices are utilized accurately and properly. APPROVED DEVICES FOR SPEED MEASUREMENT The following devices are authorized for use by sworn personnel of this agency for the measurement of the speed of motor vehicles traveling on the roadways for purposes of enforcement: A. Doppler radar speed measuring devices, utilizing either stationary or moving modes to measure vehicle speed; B. Laser speed measuring devices; and C. Vehicle speedometers RADAR SPEED MEASURING DEVICES –OPERATION REQUIRMENTS Personnel operating radar speed measuring devices will adhere to the following requirements, along with any manufacturer’s recommendations: A. Calibration checks will be conducted of any radar speed measuring device to be used for enforcement purposes on a daily basis as follows: 1. Prior to the commencement of any enforcement activities using the particular radar devices; and 2. Immediately after the issuance of a citation based upon a speed measurement obtained from that particular radar device; and 3. At the conclusion of enforcement activities for that particular day, if any traffic citations were issued as a result of a speed measurement obtained from that particular radar device; 4. At any other time that the individual operating the particular radar device, believes that a calibration check is necessary to ensure that the radar device is operating properly. B. A calibration check shall consist of the following: 1. Internal calibration test – this test is performed by activating the radar device to conduct its own internal self-check. 2. External calibration test – this test is performed by placing vibrating tuning forks in front of the radar device’s antenna while the radar device is activated, both in stationary and moving modes. 3. Light test – this test is performed to ensure that all of the unit’s light diodes are operating properly. 4. Dependent upon the type of radar device being operated, the internal calibration and light tests may be performed by the unit simultaneously.LASER SPEED MEASURING DEVICES – OPERATIONAL REQUIREMENTS Personnel operating laser speed measuring devices will adhere to the following requirements: A. Calibration checks will be conducted of any laser speed measuring device to be used for enforcement purposes on a daily basis, as follows: 1. Prior to the commencement of any enforcement activities using the particular laser device; 2. At the conclusion of enforcement activities for that particular day, if any traffic citations were issued as a result of a speed measurement obtained from that particular laser device; 3. At any other time that the individual operating the particular laser device believes that a calibration check is necessary to ensure that the laser device is operating properly. B. A calibration check for a laser speed measuring device will consist of all of the following: 1. Check of the scope for proper alignment with the red aiming dot. Press the test button on the laser speed measuring device until the letters “tt” are displayed. Depress the trigger until an audible tone is heard. Pan the laser across an object isolated from any background interference, such as a utility pole or signpost. While scanning this object – with the laser device held in both a vertical, and horizontal, orientation – the tone emitted should be highest while the red aiming dot is passing across the object. This indicates that the laser beam is aligned with the aiming dot. 2. Completion of the two-point verification check. This check consists of conducting a test of the laser’s ability to measure the distance from a stationary point to two separate objects at different known distances, and to be able to accurately calculate the distance between those points. 3. Completion of the speed measurement check. This check consists of obtaining a speed of “0” MPH while pointing the laser at an object at a known distance, and then checking to ensure that the laser properly measured the known distance. 4. All measurements obtained in the calibration check of a laser speed measuring device should be within the tolerances allowed for by the manufacturer of the device. 5. Only calibration courses approved by this agency or used by another public law enforcement agency will be utilized for laser calibration. VEHICLE SPEEDOMETERS The vehicles used by members of this agency for speed enforcement purposes are generally equipped with speedometers that are certified from the factory. The term certified in this instance indicates that the speedometer has met factory specifications for accuracy. However, as the vehicle ages and repairs or adjustments are made, the vehicle’s speedometer may lose accuracy.Pacing of vehicles through the use of a vehicle speedometer for the purpose of speed enforcement is authorized. Any employee who issues a citation as the result of a speed reading obtained by pacing will, as soon as practicable after the issuance of the citation, arrange for a check of his or her vehicle’s speedometer through the use of a radar or laser device operated by another member of this agency. Deputies issuing citations based upon the pace of a vehicle should be able to document, and if necessary testify to, the distance that the vehicle was paced at the known speed. This check will consist of operating the cruiser at a known speed and having the speed measured by the second employee. The speedometer display and the reading obtained from the radar or laser device at the time of the check will be recorded as listed below. DOCUMENTATION REQUIREMENTS Each radar or laser speed measuring device owned or used by this agency will be assigned a unique inventory number. That particular number will be used when referring to the individual unit for documentation purposes. All radar or laser calibration checks will be documented on the employee’s daily activity report and in any reports generated due to the issuance of a citation, or the arrest of an individual, resulting from a reading obtained through the use of a laser or radar speed measuring device. This documentation will include the time that the calibration check was competed. When issuing a citation based upon a reading obtained from a radar, or laser speed measuring device, the type of device used and the agency assigned inventory number will be notes on the face of the traffic citation. D. When issuing a citation based upon a reading obtained from a vehicle speedometer while conducting a pace, the cruiser’s assigned unit number and the distance of the pace should be noted on the traffic citation and in any reports generated as a result of the issuance of that citation. All information regarding the subsequent check of the speedometer utilized in pace will be documented in any subsequent reports generated pertaining to the issuance of a citation. GENERAL REQUIREMENTS A. Only those employees operating marked vehicles will utilize radar or laser speed measuring devices for enforcement purposes. B. Employees utilizing speed measuring devices for enforcement purposes will place their vehicles in plain view of passing traffic. Visibility is the key to efficient and effective traffic enforcement activities. Employees are expressly forbidden from concealing, or attempting to conceal, their cruisers while operating speed measuring devices for enforcement purposes. C. Employees operating speed measuring devices from or near their cruisers during nighttime hours will ensure that, at the least, the vehicle’s parking lights and tail lamps are on. D. Speed display retention on the radar or laser device, if available, is preferred 114until the conclusion of an enforcement contact. The alleged violator should be given the opportunity to view the speed display, if the violator desires to do so. At no time will such a request be honored if compliance would appear to compromise the safety of the employee. Failure to retain the speed of a violator’s vehicle for display on the radar or laser device, which could occur for any number of reasons, is not to be considered a violation of this policy unless done intentionally and for no legitimate law enforcement purpose. E. If a violator wishes to observe the calibration process – particularly with a radar unit – this request should be honored if possible. At no time will such a request be honored if compliance would appear to compromise the safety of the employee. F. The power cord for a radar or laser speed measuring device – generally using a cigarette lighter plug – will, if possible, be plugged into an auxiliary outlet placed in the vehicle and will not be plugged into the cigarette lighter outlet. This will avoid the potential for electronic interference from the vehicle itself. G. If, at any time, the reliability of any speed measuring device is legitimately questions, the device will be taken out of service until it can be checked and/or repaired, and any pending legal action taken as a result of the unreliable equipment will be resolved in favor of the alleged violator. H. Maintenance files will be kept on each laser and radar speed measuring device owned by this agency. Said files will be cataloged in order of agency assigned inventory number and will include all original calibration certificates, as well as documentation of repairs made and any subsequent calibration certificates obtained for each individual unit. All original documents will remain in these files, unless they are required to be produced in a court pursuant to a subpoena. I. Unless instructed otherwise, employees will not operate laser or radar speed measuring devices from a stationary position in an attempt to clock vehicles within any political subdivision that maintains its own law enforcement agency. TRAINING RQUIREMENTS Only those employees who have successfully completed an agency approved course of instruction in the use of radar and/or laser devices may utilize those devices for enforcement purposes. ................
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