|
|
|
|
Thread Tools | Display Modes |
09-11-2009, 03:10 PM | #1 |
Scooby Specialist
Member#: 35276
Join Date: Apr 2003
Chapter/Region:
RMIC
Location: Salt Lake City, UT
|
for those of you who are really good at looking up laws
can someone point to where it is outlined as to how laws that govern speeding are to be enforced? laser, radar, pacing, looking, camera ect?
* Registered users of the site do not see these ads.
|
09-11-2009, 03:17 PM | #2 |
Scooby Specialist
Member#: 158043
Join Date: Aug 2007
Chapter/Region:
RMIC
Location: SLC
Vehicle:2013 Wrx Hatch SWP |
Someone got a ticket. Bitter are we?
|
09-11-2009, 03:17 PM | #3 |
Scooby Specialist
Member#: 174533
Join Date: Mar 2008
Chapter/Region:
RMIC
Location: SLC, UT
Vehicle:0694 WRXLtd/LegWagon WRB/Pure White |
Utah State Code Title 41.
41-6a-212. Emergency vehicles -- Policy regarding vehicle pursuits -- Applicability of traffic law to highway work vehicles -- Exemptions. (1) Subject to Subsections (2) through (5), the operator of an authorized emergency vehicle may exercise the privileges granted under this section when: (a) responding to an emergency call; (b) in the pursuit of an actual or suspected violator of the law; or (c) responding to but not upon returning from a fire alarm. (2) The operator of an authorized emergency vehicle may: (a) park or stand, irrespective of the provisions of this chapter; (b) proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (c) exceed the maximum speed limits, unless prohibited by a local highway authority under Section 41-6a-208; or (d) disregard regulations governing direction of movement or turning in specified directions. (3) (a) Except as provided in Subsection (3)(b), privileges granted under this section to the operator of an authorized emergency vehicle, who is not involved in a vehicle pursuit, apply only when: (i) the operator of the vehicle sounds an audible signal under Section 41-6a-1625; or (ii) uses a visual signal with emergency lights in accordance with rules made under Section 41-6a-1601, which is visible from in front of the vehicle. (b) An operator of an authorized emergency vehicle may exceed the maximum speed limit when engaged in normal patrolling activities with the purpose of identifying and apprehending violators. (4) Privileges granted under this section to the operator of an authorized emergency vehicle involved in any vehicle pursuit apply only when: (a) the operator of the vehicle: (i) sounds an audible signal under Section 41-6a-1625; and (ii) uses a visual signal with emergency lights in accordance with rules made under Section 41-6a-1601, which is visible from in front of the vehicle; (b) the public agency employing the operator of the vehicle has, in effect, a written policy which describes the manner and circumstances in which any vehicle pursuit should be conducted and terminated; (c) the operator of the vehicle has been trained in accordance with the written policy described in Subsection (4)(b); and (d) the pursuit policy of the public agency is in conformance with standards established under Subsection (5). (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Public Safety shall make rules providing minimum standards for all emergency pursuit policies that are adopted by public agencies authorized to operate emergency pursuit vehicles. (6) The privileges granted under this section do not relieve the operator of an authorized emergency vehicle of the duty to act as a reasonably prudent emergency vehicle operator in like circumstances. (7) Except for Sections 41-6a-210, 41-6a-502, and 41-6a-528, this chapter does not apply to persons, motor vehicles, and other equipment while actually engaged in work on the surface of a highway. Last edited by ashergrey; 09-11-2009 at 04:12 PM. |
09-11-2009, 03:37 PM | #4 | |
Scooby Specialist
Member#: 170212
Join Date: Jan 2008
Chapter/Region:
RMIC
Location: West Haven, Utah
|
Quote:
1. they radar/laser you going above the speed limit 2. pull you over 3. issue you a ticket 4. ???? 5. PROFIT!! |
|
09-11-2009, 04:26 PM | #5 |
Scooby Specialist
Member#: 78604
Join Date: Jan 2005
Chapter/Region:
RMIC
Location: SLC
Vehicle:2008 STi Black |
Leave it to asher to pull em up. I saw the thread and was like "I wonder if asher posted yet..."
|
09-12-2009, 06:46 AM | #6 |
Scooby Specialist
Member#: 35276
Join Date: Apr 2003
Chapter/Region:
RMIC
Location: Salt Lake City, UT
|
not quite what i was looking for. the above sates that it is legal to pursue and disregard normal law to 'catch the bad guy"
what im looking for is where, if avaiable, it says that the law must be enforced. the above indicates the extent to which the law can be enforced but not that it is to be enforced in the first place. and no i didnt get a ticket. the last ticket i got wasnt even for not yeilding to the right and that was last winter. |
09-12-2009, 05:27 PM | #7 | |
Scooby Specialist
Member#: 174533
Join Date: Mar 2008
Chapter/Region:
RMIC
Location: SLC, UT
Vehicle:0694 WRXLtd/LegWagon WRB/Pure White |
Quote:
For example... this is what the Utah Highway Patrol has to say about it: "Each law enforcement officer is given discretion in their enforcement of the law. Therefore, the speed limit enforcement tolerance varies between troopers and circumstances." |
|
09-12-2009, 08:20 PM | #8 |
Scooby Guru
Member#: 99397
Join Date: Oct 2005
Chapter/Region:
RMIC
Location: Clinton, UT
Vehicle:15 WRX, 83 DR30, 93 R32 GTS-T, 93 R32 GTR |
well whats the difference between state law and state code? there has to be somewhere that says something to the effect of "x law must be enforced in Y fashion" before there can be what was posed above which in the continuation of "x law must be enforced in Y fashion" which would be "x law must be enforced in Y fashion to the extent that the folowing should be allowed in the enforcement of X law.
your example from the UHP is kinda what im looking for which is a statement that lets you know that the law was written to be enforced and that there are no or very few laws which spesfically say within the law that it must be enforced. it will typically give an outline for consequences but will not say that every car must be checked for speed at all times in order to maintain adherence to the law, is that not correct? -jason (azn2nr) |
09-13-2009, 02:18 AM | #9 | |
Scooby Specialist
Member#: 174533
Join Date: Mar 2008
Chapter/Region:
RMIC
Location: SLC, UT
Vehicle:0694 WRXLtd/LegWagon WRB/Pure White |
Quote:
The state code is the result of bills being passed into law by the state legislature, so the language of the law is always going to be based on the way in which the individual bills are drafted. You're right that it's atypical for the state code to dictate how law enforcement should go about checking compliance. The code says what you can and can't do and what the basic range of punishments are for violating those rules. But actual enforcement of the law is the job of the executive branch of government. That means most of the rules regarding what's appropriate or necessary for code compliance comes down to a question of policy and not law. If you have specific questions about the methods of a particular agency, you're pretty much going to have to contact the agency or its parent municipality in order to figure that out, as it's going to change from chief to chief, mayor to mayor and governor to governor. |
|
09-13-2009, 02:52 AM | #10 | |
Scooby Specialist
Member#: 35276
Join Date: Apr 2003
Chapter/Region:
RMIC
Location: Salt Lake City, UT
|
Quote:
would federal law be the same in regards to dictation of compliance enforcement? and can you give a single example of a federal law that has compliance enforcement written into it? |
|
09-13-2009, 03:24 AM | #11 | |
Scooby Specialist
Member#: 174533
Join Date: Mar 2008
Chapter/Region:
RMIC
Location: SLC, UT
Vehicle:0694 WRXLtd/LegWagon WRB/Pure White |
Quote:
The U.S. Code is huuuuge and tends to be much more difficult to read and interpret, given that it's full of, well, everything that's been passed into law by Congress over the last 200+ years. You can find examples of pretty much anything you'd like in it... but you can expect to spend a good amount of time going through book after book at a law library doing so. |
|
09-13-2009, 08:42 PM | #12 |
Scooby Specialist
Member#: 179661
Join Date: May 2008
Chapter/Region:
RMIC
Location: Utah
Vehicle:A Subaru duh |
the only law they ever pointed out in academy that states a WILL/MUST law of enforcement is in cohabitant abuse domestic violence.
Basically EVERYTHING else is up to the discretion of the officer/department in good trust that they will act as a rational and sane person would to protect people and enforce the law. It leaves HUGE grey areas to work with |
09-13-2009, 08:59 PM | #13 |
Scooby Specialist
Member#: 35276
Join Date: Apr 2003
Chapter/Region:
RMIC
Location: Salt Lake City, UT
|
so to be perfectly clear it is up to the discression of those empowered by the law to enforce the law to infact enforce the law?
|
09-14-2009, 12:29 AM | #14 |
Scooby Specialist
Member#: 179661
Join Date: May 2008
Chapter/Region:
RMIC
Location: Utah
Vehicle:A Subaru duh |
haha yes. thats why the hiring process to get on with a department is impossibly long and annoying, it takes forever to get hired, because I guess they have a lot of leeway out thereand they want to know you are making good decisions.
We have had encounters with police where they tried to tell us they had to pull us over for having no front license plate rather than the guy going 18 over next to us because he said he saw us first so he was obligated to. We called his total BS and he felt stupid, he is supposed to go after the thing that is most important |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
For those of you who are catless? | LeadPipe | General Community | 37 | 07-29-2004 01:12 PM |
For those of you who are catless? | LeadPipe | General Community | 0 | 07-26-2004 11:59 PM |
for those of you who are stupid | Projekt | Political Playground - Chaotic Neutral Edition | 30 | 03-19-2004 02:03 AM |
For those of you who are going to vote for Bush... | HB_Dad | Political Playground - Chaotic Neutral Edition | 4 | 01-23-2004 10:58 AM |
For those of you who are BOOSTED....got ? | OhGeezGTP | Mid West Subaru Owners Club Forum -- MWSOC | 15 | 12-08-2002 03:25 PM |