The purpose of the proposed rule action is to amend the current rule to incorporate those speed measuring devices that have been approved since the last revision to Rule 15B-2.013. In addition, changes are being made to section 15B-2.016 in order to ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Florida Highway Patrol

RULE NO.: RULE TITLE:
15B-2.013: Approved Speed Measuring Devices
15B-2.016: Tests to Determine Accuracy of Laser Speed Measuring Devices

PURPOSE AND EFFECT: The purpose of the proposed rule action is to amend the current rule to incorporate those speed measuring devices that have been approved since the last revision to Rule 15B-2.013, F.A.C. In addition, changes are being made to Rule 15B-2.016, F.A.C., in order to reflect a revision to form DHSMV 61071 – Laser Speed Measuring Device Certification – to remove any reference to “Max. Limit 300 uW”.

SUMMARY: Changes are being made to the Department’s rule on Approved Speed Measuring Devices so that speed measuring devices that have been approved, since the last revision, could be incorporated into Rule 15B-2.013, F.A.C. Likewise, a revision to form DHSMV 61071, removing any reference to “Max. Limit 300 uW” requires a change to Rule 15B-2.016, F.A.C., as DHSMV 61071 is referenced in this section.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Agency has determined that these proposed rules are not expected to require legislative ratification because they are being repealed to reduce unnecessary regulation.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 316.1905 FS
LAW IMPLEMENTED: 316.1905, 316.1906 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: September 10, 2012, 2:30 p.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lieutenant Ronald W. Castleberry, Equipment, Compliance and Testing – Florida Highway Patrol, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room A315, Tallahassee, Florida 32399, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Lieutenant Ronald W. Castleberry, Equipment, Compliance and Testing – Florida Highway Patrol, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room A315, Tallahassee, Florida 32399, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

15B-2.013 Approved Speed Measuring Devices.

The following speed measuring devices have been approved for use in this State by the Department pursuant to this rule Chapter.

(1) Radar units acquired for use in this State after August 1, 1982, are listed below. Additional radar units will be approved by the Department based on conformance to these rules. Evidence of approval of additional units shall be by a Certificate of Approval Form HSMV 60013 (Rev. 7/03), which is available by contacting the Florida Highway Patrol, Neil Kirkman Building, Tallahassee, Florida 32399-0500, or by disseminating the listing of additional units on the Florida Crime Information Center (FCIC) computer system, or by listing on the Division of Florida Highway Patrol website.

(a) Applied Concepts, Inc., formerly known as Applied Concepts Marketing

1. through 8. No change.

9. Stalker Patrol.

(b) No change.

(c) Decatur Electronics, Inc.

1. through 10. No change.

11. Scout.

(d) through (e) No change.

(f) M.P.H. Industries, Inc., or CMI/MPH or CMI/MPH Industries, Inc.

1. through 11. No change.

12. Ranger EZ.

(g) No change.

(2) through (4) No change.

(5) Laser speed measuring devices (LSMD) – Evidence of approved LSMD shall be by a certificate or listing on the FCIC computer, or by a listing on the Division of Florida Highway Patrol website, as set forth in subsection (1) of this rule. In addition, the following LSMDs are approved for use in this State:

(a) Kustom Electronics, Inc., or Kustom Signals, Inc. – Model Prolaser II; Model Prolaser III; Pro-Lite Plus; Model Prolaser IV;

(b) Laser Technology, Inc. – Model Marksman/LTI 20-20, Model Ultralyte LTI 20/20 Lidar, Model Ultralyte 100LR and 200LR, Model Ultralyte LRB; Model LTI 20/20 TruSpeed; Model LTI 20/20 TruSpeed S;

(c) Applied Concepts, Inc. – Model Stalker Lidar; Stalker LR; and

(d) Laser Atlanta Optics, Inc. or Laser Atlanta, LLC – Model Speed Laser, Model Speed Laser B Model Speed Laser R, Model Speed Laser S; and.

(e) DragonEye Technology, LLC – Laser Ally.

 

Rulemaking Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 1-1-90, Amended 11-16-92, 10-18-94, 10-2-95, 5-23-04, 1-1-09, 6-6-10,________.

 

15B-2.016 Tests to Determine Accuracy of Laser Speed Measuring Devices.

(1) No change.

(2)(a) through (c) No change.

(d) Each test shall be recorded on form HSMV 61071 (Rev. 05/12) (1/09) which is incorporated by reference. Blank forms are available by contacting the Department at the address described in subsection 15B-2.0082(1), F.A.C.

(e) No change.

 

Rulemaking Specific Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 10-18-94, Amended 5-23-04, 1-1-09,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lieutenant Ronald W. Castleberry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 4, 2012