NCJ Number
86235
Date Published
1979
Length
39 pages
Annotation
An analysis was made of the potential legal constraints on the use of existing and proposed devices for measuring vehicle speeds. Some of the proposed devices are 'remote' in nature and would operate without a police officer being present.
Abstract
Examination of current law reveals that existing devices, especially radar devices, for the most part face no substantial constraints. However, the use of such devices as VASCAR and stop watches, which are based on time-distance measurements, are prohibited by law in a few states. The use of proposed remote-observation devices is constrained by laws governing speed prosecutions; the chief constraint is that to obtain a conviction, driver must be personally identified and proved responsible. In states that have prima facie rather than absolute maximum speed limits, the utility of the speed measurement devices is somewhat limited. Neither existing nor proposed devices can measure the factors -- such as weather, road conditions, or traffic flow -- under which a given vehicle speed would be unreasonable. Constraint resolution strategies include: presenting expert testimony to establish the validity of nonradar measurement principles; amending laws that restrict or prohibit the use of certain devices; and using remote-observation devices as the basis for issuing warning letters to, rather than prosecuting violators; and using devices only to enforce absolute maximum speed limits. (NTIS abstract)