IRLJ 6.6
         SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION
                          CERTIFICATION


    (a) In General. This rule applies only to contested hearings
in traffic infraction cases.

    (b) Speed Measuring Device Certificate; Form. In the absence
of proof of a request on a separate pleading to produce an
electronic or laser speed measuring device (SMD) expert served on
the prosecuting authority and filed with the clerk of the court
at least 30 days prior to trial or such lesser time as the court
deems proper, a certificate in substantially the following form
is admissible in lieu of an expert witness in any court
proceeding in which the design and construction of an electronic
or laser speed measuring device (SMD) is an issue:

        CERTIFICATION CONCERNING DESIGN AND CONSTRUCTION
         OF ELECTRONIC SPEED MEASURING DEVICES OR LASER
                     SPEED MEASURING DEVICES

    I, ____________________ do certify under penalty of perjury as follows:

    I am employed with _______________ as a _______________. I
have been employed in such a capacity for _______________ years.
Part of my duties include supervising the maintenance and repair
of all electronic and laser speed measuring devices (SMD's) used
by _______________ (name of agency).

    This agency currently uses the following SMD's:

(List all SMD's used and their manufacturers and identify which
SMDs use laser technology.)

    I have the following qualifications with respect to the above stated SMD's:

(List all degrees held and any special schooling regarding  the
SMD's listed above.)

    This agency maintains manuals for all of the above stated
SMD's. I am personally familiar with those manuals and how each
of the SMD's are designed and operated. On __________ (date)
testing of the SMD's was performed under my direction. The units
were evaluated to meet or exceed existing performance standards.
This agency maintains a testing and certification program. This
program requires:

               (State the program in detail.)

    Based upon my education, training, and experience and my
knowledge of the SMD's listed above, it is my opinion that each
of these electronic pieces of equipment is so designed and
constructed as to accurately employ the Doppler effect in such a
manner that it will give accurate measurements of the speed of
motor vehicles when properly calibrated and operated by a trained
operator or, in the case of the laser SMDs, each of these pieces
of equipment is so designed and constructed as to accurately
employ measurement techniques based on the velocity of light in
such a manner that it will give accurate measurements of the
speed of motor vehicles when properly calibrated and operated by
a trained operator.

                                 ___________________________________
                                               (Signature)

Dated: ____________________________

    (c) Continuance. The court at the time of the formal hearing
shall hear testimony concerning the infraction and, if necessary,
may continue the proceedings for the purpose of obtaining
evidence concerning an electronic speed measuring device and the
certification thereof. If, at the time it is supplied, the
evidence is insufficient, a motion to suppress the readings of
such device shall be granted.

    (d) Maintaining Certificates as Public Records.  Any
certificate, affidavit or foundational evidentiary document
allowed or required by this rule can be filed with the court and
maintained by the court as a public record.  The records will be
available for inspection by the public.  Copies will be provided
on request.  The court may charge any allowable copying fees.
The records are available without a formal request for discovery.
The court is entitled to take judicial notice of the fact that
the document has been filed with the court.  Evidence will not be
suppressed merely because there is not a representative of the
prosecuting authority present who actually offers the document.
Evidence shall be suppressed pursuant to subsection (c) of this
rule if the evidence in the certificate, affidavit or document is
insufficient, or if it has not been filed as required.


[Adopted as JTIR effective January 1, 1981; amended effective
September 1, 1989.  Changed from JTIR to IRLJ effective September 1, 1992;
amended effective September 1, 1997; amended effective
October 31, 2000; amended effective January 3, 2006.]