On 4/3/2012 2:24 PM, Siddiq Siddiqui-Ali wrote:
> On Apr 3, 2012, at 1:48 PM, Moose wrote:
>
> Several years earlier, we were flying, well not exactly, but moving briskly,
> along Hwy 120 through the Sierra foothills,
> on our way to Yosemite. Big, broad, nicely graded/banked 2-lane. Beautiful,
> sunny day, top down, wind in hair, tunes on
> the stereo, afternoon, midweek, no traffic ... Except a CHP car going the
> other way. I let off the gas, but didn't hit
> the brakes - no point admitting it. (CHP can't use radar to enforce the state
> vehicle code.)
>
> Sorry, that last bit didn't compute?
I don't believe the law has changed.
Lawsuits many years ago resulted in rulings that the Calif. Vehicle Code could
not be enforced by "speed traps", which
include radar, unannounced aerial tracking, hiding behind billboards, etc.
That's why they measure your speed from
behind by shadowing you. That's why they don't just time you from the air, take
a pic of car/plate and send you a
citation. The car has to be handed off to a marked patrol car, with recorded
visual confirmation. The car will then hope
to be able to confirm the speed by shadowing you, thus avoiding any questions
about aerial speed checking and the hand off.
That's why the signs announcing bears in the air checking speeds; clearly
announced, they are not 'traps'. Well at least
it was why, I suspect many of them now are simply in hopes of getting you to
watch your speed voluntarily, as there is
limited budget for aerial code enforcement.
As I recall, it also means that traffic enforcement vehicles must be marked. An
officer in an unmarked car out on other
business may issue citations for violations noticed incidentally, but cars on
duty for traffic enforcement may not be
unmarked.
It may be urban legend - about the guy who got a ticket from an unmarked car,
followed it and took several pics of it
issuing more traffic citations, confirming it was on primary traffic duty - and
beat his ticket.
The rulings about speed traps do not apply to local ordinances. So a Highway
Patrolperson may use radar on the freeway
and cite you under local law, but not under the CVC.
There used to be periodic efforts to change the code, but they were always
beaten back. Hope I'm still right. :-)
Legal Eagle (Scofflaw?) Moose
--
What if the Hokey Pokey *IS* what it's all about?
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