My question involves a traffic ticket from the state of: California
1) I live in a California POA (HOA) community.
2)The association was granted the authority to implement the California Vehicle Code (CVC) on private roads via county resolution in 1980. This resolution specifically states the request from the POA for this resolution was to place speed limit signs and also clearly states "BE IT RESOLVED that upon enactment of this resolution, the provisions of the Vehicle Code shall apply to the privately owned and maintained roads in the <name of POA> Subdivision.
3) Each entrance to the community have prominent signs advising that the California Vehicle Code applies and citing the County Resolution number.
4) The current POA Rules & Regulations document state, under the Roads and Parking section, "California Vehicle Code requirements apply and are supplemented by the following rules and regulations:" followed by a list of the speed limits, and some special rules around parking, RVs, etc. A second paragraph states "Roads owned by the Association are subject to the provisions of the California Vehicle Code."
The Vehicle Code, under the Rules of the Road section, includes includes a paragraph stating that "When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training."
The POA claims this Vehicle Code requirement does not apply to them and thus none of our POA officers that use the radar have received any approved and certified training. There is minimal training conducted by "senior" officers to new officers ("senior" being undefined, turnover of officers is pretty high).
Let me make clear I understand and completely support the POA's authority to set and enforce speed limits in the community. This benefits us all in improved safety. And being somewhat of a "Techy" myself, I believe in the accuracy of radar guns IF the operators have been properly trained and the radar properly calibrated. So my question: Does the POA, which very clearly makes the point that the Vehicle Code applies, have the right to use radar to issue speeding citations when the officers have not undergone the certified training required by the Vehicle Code?
1) I live in a California POA (HOA) community.
2)The association was granted the authority to implement the California Vehicle Code (CVC) on private roads via county resolution in 1980. This resolution specifically states the request from the POA for this resolution was to place speed limit signs and also clearly states "BE IT RESOLVED that upon enactment of this resolution, the provisions of the Vehicle Code shall apply to the privately owned and maintained roads in the <name of POA> Subdivision.
3) Each entrance to the community have prominent signs advising that the California Vehicle Code applies and citing the County Resolution number.
4) The current POA Rules & Regulations document state, under the Roads and Parking section, "California Vehicle Code requirements apply and are supplemented by the following rules and regulations:" followed by a list of the speed limits, and some special rules around parking, RVs, etc. A second paragraph states "Roads owned by the Association are subject to the provisions of the California Vehicle Code."
The Vehicle Code, under the Rules of the Road section, includes includes a paragraph stating that "When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training."
The POA claims this Vehicle Code requirement does not apply to them and thus none of our POA officers that use the radar have received any approved and certified training. There is minimal training conducted by "senior" officers to new officers ("senior" being undefined, turnover of officers is pretty high).
Let me make clear I understand and completely support the POA's authority to set and enforce speed limits in the community. This benefits us all in improved safety. And being somewhat of a "Techy" myself, I believe in the accuracy of radar guns IF the operators have been properly trained and the radar properly calibrated. So my question: Does the POA, which very clearly makes the point that the Vehicle Code applies, have the right to use radar to issue speeding citations when the officers have not undergone the certified training required by the Vehicle Code?
Speeding Tickets: California Hoa/Power of Attorney Use of Radar Gun
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