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 reflect the revision of form DHSMV 61071 – Laser Speed Measuring Device Certification – to include the testing of intermittent laser pulses. Since the form and revision date are specifically referenced in paragraph 15B-2.016(2)(d), Florida Administrative Code, a revision to the form will also require a revision to this section of the Florida Administrative Code. An amendment to paragraphs 15B-2.013(5)(b), (d) is needed to add those laser devices approved since the last revision. Furthermore, since the last revision of the Chapter 15B-2, Florida Administrative Code, additional radar speed measuring devices have been approved for use in the State of Florida. Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended to add those devices approved since the last revision. In addition, Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended by changing the reference number or letter to each currently listed speed measuring device for ease of reference. Also, paragraph 15B-2.013(1)(g), Florida Administrative Code, will be amended to reflect CMI/MPH Industries, Inc., to be included as a corporate name for M.P.H. Industries Inc., or CMI/MPH. Lastly, paragraph 15B-2.01(5)(d), Florida Administrative Code, will be amended to reflect Laser Atlanta, LLC, to be included as a corporate name for Laser Atlanta Optics, Inc.
SUBJECT AREA TO BE ADDRESSED: The proposed rule action revises the current rule changing form DHSMV 61071 – Laser Speed Measuring Device Certification – to include the testing of intermittent laser pulses. Since the form and revision date are specifically referenced in paragraph 15B-2.016(2)(d), Florida Administrative Code, a revision to the form will also require a revision to this section of the Florida Administrative Code. An amendment to paragraphs 15B-2.013(5)(b), (d), Florida Administrative Code, is needed to add those laser devices approved since the last revision. Furthermore, Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended to reflect those radar speed measuring devices approved since the last revision. In addition, Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended by changing the reference number or letter to each currently listed speed measuring device for ease of reference. Also, paragraph 15B-2.013(1)(g), Florida Administrative Code, will be amended to reflect CMI/MPH Industries, Inc., to be included as a corporate name for M.P.H. Industries Inc., or CMI/MPH. Lastly, paragraph 15B-2.013(5)(d), Florida Administrative Code, will be amended to reflect Laser Atlanta, LLC, to be included as a corporate name for Laser Atlanta Optics, Inc.
SPECIFIC AUTHORITY: 316.1905 FS.
LAW IMPLEMENTED: 316.1905, 316.1906 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lt. Ronald W. Castleberry, Special Operations Command, Division of Florida Highway Patrol, Department of Highway Safety and Motor Vehicles, Room A315, Neil Kirkman Building, Tallahassee, Florida 32399-0500, (850)617-2939
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
15B-2.016 Tests to Determine Accuracy of Laser Speed Measuring Devices.
(1) All LSMD used in this state shall be subject to periodic tests at intervals not to exceed six (6) months, to be conducted by a Florida registered professional engineer or by an electronic Technician who has a Federal Communication Commission, General Radiotelephone Operator License, or a certification issued by one of the following:
(a) Association of Public-Safety Communications Officials-International (APCO);
(b) Personal Communications Industries Association (PCIA), formerly known as National Association of Business and Education Radio (NABER); or
(c) National Association of Radio and Telecommunications Engineers (NARTE).
(2) Only the most recent six (6) month test certificate is required in order to establish the presumption available under Section 316.1905(3)(b), F.S. Tests will include:
(a) Bench Tests – Wavelength verification, optical power output, pulse repetition rate, pulse width, and verify that the pulse train is free of any double laser pulses or intermittent laser pulses. The results of these tests shall conform with the safety report from the U.S. Department of Health and Human Services, Center for Devices and Radiological Health (CDRH), Food and Drug Administration (21 C.F.R. part 1040), which is incorporated by reference, and the manufacturer’s specifications, both of which will be supplied by the manufacturer.
(b) Distance/Velocity – A complete verification test as described in paragraphs 15B-2.015(1)(a) through (c), F.A.C., and a Velocity Verification test certifying that the Laser Speed Output was compared to Actual Speed as verified by a certified radar device. The results of these tests will not be greater than plus or minus one (1) foot for the distance tests, and plus or minus one (1) mph for the speed test.
(c) Sight Alignment/Beam Pattern Test. The sighting device will be checked for accuracy to determine that it remains within the laser beam at all distances from 500-3000 feet. This may be determined from calculation based on an initial beam pattern/sight alignment analysis. The beam will be analyzed to determine that it is within the pattern/size tolerances specified by the manufacturer.
(d) Each test shall be recorded on form HSMV 61071(8/08)(3/04) 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) When an Average Speed Calculator (ASC) is installed and used as a separate feature of an LSMD, the ASC feature must be certified separately and in addition to the LSMD under paragraph 15B-2.008(2)(d), F.A.C.
Specific Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 10-18-94, Amended 5-23-04,_________.