[
www.michigan.gov]
Check out this link above in PDF format. It would appear that under the authority of Michigan Speed Measurement Task Force (MSMTF) law enforcement authorities are NOT required to
periodically have speed measurement equipment (used for traffic enforcement) calibrated (see line #3).
It is understood that there is a difference between radar
calibration (recertification per MSMTF?) and operator
verification. Verification is assumed to be performed by the officer with calibrated tuning forks issued to that radar or other, appropriate method with LIDAR.
This raises a few questions in my mind:
How does this precedent compare to other states' radar
calibration requirements?
Under what authority is the MSMTF accountable to? In other words, do they ultimately have absolute authority to designate whatever criteria for which speed measurement equipment must comply with in Michigan? This seems like a lack of true accountability to me. A conflict of interest perhaps? They get to make their own rules? Do driving citizens have any leverage to influence this? How? After all, we are funding these agencies with our tax dollars, right? We pay their paychecks.
Where am I going with all of this? It would seem to me that if tax paying motorists are held legally & financially liable based on forensic evidence presented by this equipment, doesn't it seem ethically appropriate that these devices be subject to periodic calibration (recertification) to confirm
accurate operation/measurements?
Imagine if you were pulled over for a suspected DUI and the breathalyzer device used to measure your BAC was in field use for years without ever being subject to periodic calibration. The criminal implications of an inaccurate device should be apparent.
Perhaps there isn't as much legal emphasis placed on speed measurement devices because speeding infractions (in Michigan) are a
Civil infraction and not
criminal? Or do we just lack the political will to object to seemingly loose "rules" created to reduce the accountability of speed enforcement authorities (police)?
Sorry for the long post. I look forward to fellow NMA members' thoughts.
Edited 2 time(s). Last edit at 11/09/2009 04:05AM by blindwhitey.
