§ 8-50.4. Results of electronic speed-measuring instruments to enforce speed limits in school zones; admissibility.

291 words·~1 min read·/nc/chapter-8/8-50-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The results of the use of an electronic speed-measuring system as described in G.S. 160A-300.4 and G.S. 153A-246.1 shall be admissible as evidence in nonjudicial administrative hearings held pursuant to G.S. 160A-300.4(d)(5) or G.S. 153A-246.1(d)(5).

(b)Notwithstanding the provisions of subsection

(a)of this section, the results of an electronic speed-measuring system are not admissible unless all of the following are established:

(1)The electronic speed-measuring system employed was approved for use by the North Carolina Criminal Justice Education and Training Standards Commission and the Secretary of Public Safety pursuant to G.S. 17C-6.

(2)The electronic speed-measuring system was calibrated and tested for accuracy in accordance with the standards established by the North Carolina Criminal Justice Education and Training Standards Commission and the Secretary of Public Safety for that particular system.

(c)All electronic speed-measuring systems shall be calibrated and tested in accordance with standards established by the North Carolina Criminal Justice Education and Training Standards Commission and the Secretary of Public Safety. A written certificate by a technician certified by the North Carolina Criminal Justice Education and Training Standards Commission showing that a test was made within the required testing period and that the system was accurate shall be competent and prima facie evidence of those facts in a nonjudicial administrative hearing held pursuant to G.S. 160A-300.4(d)(5) or G.S. 153A-246.1(d)(5).

(d)In every nonjudicial administrative hearing held pursuant to G.S. 160A-300.4(d)(5) or G.S. 153A-246.1(d)(5), where the results of an electronic speed-measuring system are sought to be admitted, notice shall be taken of the rules approving the electronic speed-measuring system and the procedures for calibration or testing for accuracy of the system. (2025-47, s. 13(c).)