Rule Change - Motorcycle Enforcement Unit
RULES OF THE DEPARTMENT OF PUBLIC SAFETY
CHAPTER 570-33
Department of Public Safety
Motorcycle Enforcement Unit
570-33-.01 Definitions.
As used in this Rule, the term:
(1) “Motorcycle Enforcement Unit” means the Department of Public Safety Uniform Division Motorcycle Enforcement Unit which may make arrests, issue citations, and recover fines pursuant to O.C.G.A. § 35-2-32, O.C.G.A. § 35-2-33, O.C.G.A. § 15-21-2(a)(2), and O.C.G.A. § 40-13-26.
(2) “Urban interstate system” means a portion of the national system of interstate and defense highways which:
(A) is located entirely within any part of this state; and
(B) Includes a single numbered interstate highway which forms a closed loop or perimeter.
Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.
(3) “Court” means any Court that has jurisdiction over arrests and traffic citations for violations on any urban interstate system including but not limited to probate, municipal, and special courts whether called recorder’s courts, mayor’s courts, police courts, civil courts, traffic courts, miscellaneous courts or any other court created in this state under any other name.
(4) “Enhancement and maintenance” means the purchase, repair, upkeep, or replacement of equipment as needed for the Motorcycle Unit.
Authority O.C.G.A. § 35-2-32, O.C.G.A. § 35-2-33, O.C.G.A. § 15-21-2(a)(2), and O.C.G.A. § 40-13-26.
570-33-.02 Enhancement and Maintenance of the Motorcycle Enforcement Unit.
The Motorcycle Enforcement Unit shall use the funds derived from fines, pursuant to O.C.G.A. § 15-21-2(a)(2) and O.C.G.A. § 40-13-26, for the enhancement and maintenance of the Unit.
a. Any and all unused funds derived from fines for maintenance and enhancement of the Unit in any given fiscal year shall be reserved for use in the Unit’s budget for subsequent fiscal years.
b. The Commissioner shall have the authority to determine the size of the Unit, the equipment necessary for the proper operation of the Unit, and shall have the right to authorize and determine when maintenance and enhancement are appropriate.
Authority O.C.G.A. § 15-21-2, and O.C.G.A. § 40-13-26.
570-33-.03 Payment and Collection Procedures.
1. The clerks of the various Courts, as defined in Rule 570-33-.01(3), or the judge of the probate court, or the person presiding over the municipal court, who receive fines generated from arrests or traffic citations made or issued by a member of the Uniform Division of the Motorcycle Enforcement Unit shall, after court costs, remit the: remainder of said fines to the Georgia Department of Public Safety.
a. Payments shall be paid to the Department of Public Safety by the fifteenth day of each month, for previous month, in the following manner:
i. Said remittance should be made by check made payable to the Department of Public Safety;
ii. Said check shall include a list showing the following documentation for each case:
1. defendants names,
2. fine imposed,
3. costs and to whom paid, and
4. balance being paid to the Department of Public Safety.
iii. The check and documentation shall be mailed to the Department of Public Safety, Attention Accounting Director, Post Office Box 1456, Atlanta, Georgia 30371-1456, or delivered to the Department at 959 East Confederate Avenue, Atlanta, Georgia 30371.
b. The Department of Public Safety Accounting Office shall provide a receipt for checks received.
2. The Motorcycle Enforcement Unit shall provide to the Department of Public Safety Accounting Office, by the fifteenth day of each month, for the previous month, a list with the following information relating to all citations issued by members of the Unit,:
a. Traffic Citation numbers,
b. Name of violators,
c. Dates of Violations,
d. Whether or not there was bail or bond,
e. Trooper badge number, and
f. Statement indicating whether the citation was issued on an “Urban Interstate System.”