On Apr 3, 2012, at 11:59 PM, Moose wrote:
> 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.
So when a roadside officer initially pings a car via radar (or handheld laser
for motorcycle officers), it's just to figure out if a car is far enough above
the limit to be worth pursuing, and then they confirm that when they come up
behind you? In theory, cars passing by stationary CHP can then immediately slow
down and thus when shadowed/paced, are within the legal limit?
>
> 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.
Ah, very good to know! I've only got one speeding ticket, sadly, because I
happened to be in the right (aka passing lane, not 'fast lane') on CA395, few
miles out from Bishop, and well, passing a pack of cars, I was the fastest at
83 or something (posted limit 70). Saw the CHP officer on the opposing shoulder
few hundred yards out as I crested a hill, and I knew I was gone. Slowed down
immediately, but he came up a mile or two later, and handed me a nice ticket :(
Should have known better... CA395 passes through all manner of small towns who
probably have a chunk of revenue generated this way.
Further up the 395 my cousin got pulled over the same way (caravan of 4 cars on
a large family trip to Tahoe during thanksgiving week). Since I hadn't planned
on sustained high speeds for long, never bothered to get the V1 from my car and
move it to the minivan.
>
> 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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