Page 1 of 5 1 2 3 ... LastLast
Results 1 to 10 of 46
  1. #1

    Default LIDAR Usage Near Airports

    My question involves a speeding ticket from the State of: California
    I have a very technical question regarding training and use of LIDAR near airports. I'll spare the details and simply say the citation was for 77 in 65 on a section of US 101 that passes within one mile of a commercial airport. The officer made several mistakes in filling out the citation, which may imply sufficient fatigue that other errors were made in the measurement process, but I'm not willing to rest my defense on that.

    The LIDAR device in question is a Laser Technology 20-20 TRU-SPEED (http://www.lasertech.com/TruSpeed-Specifications.aspx), which according to its datasheet uses a 90 microwatt, 905nm pulsed LASER. We've all seen the problems of kids using LASER pointers to distract pilots or even drivers from an overpass. There are laws against such, and specific protocols for operating LASER equipment in the vicinity of an airport. The FAA FAQ on LASER (http://www.faa.gov/about/office_org/...e_rules/laser/) includes an Outdoor LASER Operations advisory that is applicable to surveyors, body shops using frame alignment equipment, and a host of other businesses that use LASER equipment in the vicinity of an airport. On page 17 of the Appendix is a very specific diagram showing the maximum allowable power (50 nanowatts) and specific ranges from the runways over which this limitation applies.

    Now the Question: Do law enforcement agencies have some carte blanche to operate LIDAR inside this range? Whom should I contact? And before suggesting the CHP, I'll make it known that they've been very uncooperative in providing discovery information thus far. I had to serve the local DA, and all I got back were copies of the flip side of the citation, the calibration log (which didn't match the serial number on the front of the citation), the device certification, and the officer's LIDAR training certificate. I was hoping to also get the video log and the officers small arms qualification scores to show ability to hit a target at 500+ feet. I note that neither the datasheet nor operator's manual mention FAA certification or operating in the vicinity of an airport, so I believe this restriction applies. Thoughts, comments, and insights please.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: LIDAR Usage Near Airports

    The laser light from the LTI 20-20 is colorless to humans...you need to get off this track, it leads nowhere.

    Can you post the discovery you did get?
    Did you get a certificate of calibration ?
    You may wish to do a FOIA request asking for the invoice of the LIDAR unit in question & other LTI 20-20 units purchased (may relate to officer's training).

    You wish to see if the officer can hit a target @ 500 ft with his LIDAR unit -- he'll testify he can. But he will not be able to testify as to where the beam hits, moves etc. (cause its invisible). This may work in your favor ... but a judge would likely want to hear from an expert in respect to panning issues.

    Need to look at visual estimation as well ... he can convict you on this as well.

    So, post the docs or link to them ...

    Have you asked for the LTI 20-20 manual? You may wish to via discovery & a FOIA request. You should ask to see the device & also the range that they do their daily checks with (measure the range). The LTI's daily check should include a simulated speed output .. so getting the manual would be helpful via a FOIA request or discovery (FOIA requests & responses are admissible).

  3. #3
    Join Date
    Apr 2010
    Posts
    238

    Default Re: LIDAR Usage Near Airports

    Quote Quoting NonIllegitimusCarborundum
    View Post
    the calibration log (which didn't match the serial number on the front of the citation) & the officers small arms qualification scores to show ability to hit a (MOVING) target at 500+ feet.
    These are the two red flags that I'd pursue

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: LIDAR Usage Near Airports

    Quote Quoting lurkertom
    View Post
    These are the two red flags that I'd pursue
    A calibration log is not a requirement; you can object to its introduction into evidence & it should not go into the reord (the officer will testify that he does do his daily check-thats all thats required) -- if you can get him to say that the log giv & the officer will testify he can target @ 500FT; its not a gun he's pointing, more of a light -- he'll testify that he can ; these are two factors that really are not that critical to the prosecution.

  5. #5
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: LIDAR Usage Near Airports

    As far as I know, there are no prohibitions for police to run LIDAR near airports. Given the low power rating, extremely short duration, and the fact that LIDAR does not emit visible light (vs 1W laser 'pointers' you can buy on the internet that emit a blue beam out to 10+ miles away), I don't think you'll get very far with that.

    On the other hand, non-compliance with discovery and the serial numbers not matching up is a far more promising line of defense.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: LIDAR Usage Near Airports

    Quote Quoting HonkingAntelope
    View Post
    On the other hand, non-compliance with discovery and the serial numbers not matching up is a far more promising line of defense.
    Its a problem for the documents to be introduced. The log? Not really needed for a conviction, right?

    The important ones are the certificate of calibration & the training documents ... those I would like to see...they are critical to the case.

  7. #7

    Default Re: LIDAR Usage Near Airports

    Thanks. LT the point of MOVING is good, but it's my understanding the CHP don't (re)qualify on moving, merely static targets. I got the results of the Trial by Declaration back today...GUILTY. Depressing, but not a total surprise as I'd heard this is perfunctory in this county. Thus the need for more homework. Here is the summary I submitted in the TBD:
    The facts in this case are:
    • Officer was on duty for nearly 11 hours at time of incident
    • Officer chose a poor vantage point that introduced a number of error sources
    • Officer initially neglected to turn on the red lights during pull over
    • Officer made errors in transcribing license information
    • Officer made errors in transcribing registration information
    • Officer made errors in recording LIDAR serial number
    o There is no correlation between LIDAR #1 on the citation and the information furnished during discovery
    • Officer made errors in recording range data
    o The device is capable of displaying range in meters or feet, neither noted on citation
    • Officer made errors in assessing traffic as light
    • Officer made only one measurement across two lanes of traffic with background foliage and traffic contributing significant error to the measurement
    • No printout, imagery or video is available from the equipment
    • The equipment does not store or transmit data
    o There is no tangible proof the device was configured correctly
    o There is no imagery showing what portion of the beam struck the intended target
    o There is no proof the officer did not make a transcription error in entering the speed on the citation
    • The citation is based completely on one single measurement.

    What I thought was overwhelming evidence was underwhelming to the Judicial Officer. BTW, what is a judicial officer? Judge? Legal trained? Court advocate? Law enforcement advocate? City official? So, the serial number approach seems moot.

    If I move for a new trial, I assume that I have to introduce new evidence. I'm pushing again to get the video, which should show red lights were not turned on initially, and shooting qualification scores. I would also like the LIDAR training course information. I have contacted LTI again to see if they know of any airport restrictions. Stay tuned.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: LIDAR Usage Near Airports

    I have beaten LIDAR tickets & I too was underwhelmed at your arguments ...

    Except for serial number issues (and the officer will attest in court that the unit was the one in which the certificate of calibration is provided - which kills a typo error).

    You are running around and not focusing on the important stuff you can address.

    Post the lidar docs obtained & the training docs.

  9. #9

    Default Re: LIDAR Usage Near Airports

    HA, I fear you're right. It does go to public safety, training and officer's state of mind when operating in a protected zone. I'm not sure I can leverage that in court. The power of the 20-20 TruSpeed LASER is 1,800 times that allowed in an airport zone. I'll tell you the same thing I've told soldiers I've trained, "There is no such thing as an eye safe LASER. Eye safe merely means it takes more than a minute to burn a hole in your retina, not that it can't burn a hole. Wear your eye protection always." BTW, retinal damage is cumulative. The official definition of eye safe is much more complex. The TruSpeed is a Class I LASER, but look carefully at the power and duration limits in Table 1 at this site: http://www.accessdata.fda.gov/script...cfm?fr=1040.10. LIDAR is military technology that has been adapted for civilian use. The civilian version has gotten much better, but it has far to go.

  10. #10
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: LIDAR Usage Near Airports

    God, stop with the using LIDAR around airports ...

    1. Sponsored Links
       

Page 1 of 5 1 2 3 ... LastLast

Similar Threads

  1. Private Investigators: Background Checks, Airports, and Flying Safer
    By Jimbo_333 in forum Legal Practice
    Replies: 10
    Last Post: 12-31-2009, 03:26 PM
  2. Speeding Tickets: California 22349a with LIDAR - Was LIDAR Actually Used
    By cski in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-10-2009, 12:34 PM
  3. Homeowners Associations: HOA - Radar Gun Usage
    By consilience in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 06-11-2009, 08:44 PM
  4. Speeding Tickets: Is it Illegal to Radar Near Airports?
    By cyberdx16 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-23-2008, 08:47 AM
  5. Why don't we have racial profiling at airports?
    By seniorjudge in forum Debate the Issues
    Replies: 22
    Last Post: 09-05-2006, 10:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources