{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-968.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-968.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-968.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-968.1.html"}],"law_id":66068,"edition_id":1,"section_id":66068,"structure_id":13545,"section_number":"15.2-968.1","catch_line":"(For contingent effective date, see Acts 2023, c. 738, cl. 2) Use of violation monitoring systems to enforce traffic light signals and certain traffic control devices","history":"2007, cc. 836, 903; 2010, c. 175; 2012, cc. 805, 836; 2014, c. 163; 2015, c. 714.","full_text":"A\n\nThe governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each such locality may install and operate traffic light signal photo-monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within each county, city, or town, whichever is greater, at any one time.B\n\nThe operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal within such locality.C\n\nProof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section.D\n\nIn the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation.E\n\nFor purposes of this section, “owner” means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, “traffic light signal violation monitoring system” means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2-833, 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection.F\n\nImposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs. Any finding in a district court that an operator has violated an ordinance adopted as provided in this section shall be appealable to the circuit court in a civil proceeding.G\n\nA summons for a violation of this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person’s ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation.H\n\nInformation collected by a traffic light signal violation monitoring system installed and operated pursuant to subsection A shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. On behalf of a locality, a private entity that operates a traffic light signal violation monitoring system may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that fail to comply with a traffic light signal. Information provided to the operator of a traffic light signal violation monitoring system shall be protected in a database with security comparable to that of the Department of Motor Vehicles’ system, and used only for enforcement against individuals who violate the provisions of this section. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system shall be used exclusively for enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge to the violation; or (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of § 46.2-833, 46.2-835, or 46.2-836 or requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality operating a traffic light signal violation monitoring system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private entity.I\n\nA private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by a locality may swear to or affirm the certificate required by subsection C. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed.J\n\nWhen selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable.K\n\nBefore the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. No traffic light signal violation monitoring system shall be implemented or utilized for a traffic signal having a yellow signal phase length of less than three seconds. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings.L\n\nAny locality that uses a traffic light signal violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public.M\n\nAny locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation.N\n\nPrior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system.O\n\nNotwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal photo-monitoring system is owned, leased, or rented by a county, city, or town, then the county, city, or town may access and use the recorded images and associated information for employee disciplinary purposes.","order_by":null,"text":{"0":{"id":240048,"text":"The governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each such locality may install and operate traffic light signal photo-monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within each county, city, or town, whichever is greater, at any one time.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240049,"text":"The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal within such locality.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240050,"text":"Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240051,"text":"In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":240052,"text":"For purposes of this section, “owner” means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, “traffic light signal violation monitoring system” means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2-833, 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":240053,"text":"Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs. Any finding in a district court that an operator has violated an ordinance adopted as provided in this section shall be appealable to the circuit court in a civil proceeding.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":240054,"text":"A summons for a violation of this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person’s ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":240055,"text":"Information collected by a traffic light signal violation monitoring system installed and operated pursuant to subsection A shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. On behalf of a locality, a private entity that operates a traffic light signal violation monitoring system may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that fail to comply with a traffic light signal. Information provided to the operator of a traffic light signal violation monitoring system shall be protected in a database with security comparable to that of the Department of Motor Vehicles’ system, and used only for enforcement against individuals who violate the provisions of this section. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system shall be used exclusively for enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge to the violation; or (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of § 46.2-833, 46.2-835, or 46.2-836 or requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality operating a traffic light signal violation monitoring system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private entity.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":240056,"text":"A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by a locality may swear to or affirm the certificate required by subsection C. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":240057,"text":"When selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":240058,"text":"Before the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. No traffic light signal violation monitoring system shall be implemented or utilized for a traffic signal having a yellow signal phase length of less than three seconds. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":240059,"text":"Any locality that uses a traffic light signal violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":240060,"text":"Any locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"13":{"id":240061,"text":"Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"14":{"id":240062,"text":"Notwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal photo-monitoring system is owned, leased, or rented by a county, city, or town, then the county, city, or town may access and use the recorded images and associated information for employee disciplinary purposes.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N"}},"ancestry":[{"id":13545,"edition_id":1,"name":"Additional Powers","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13058,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":156673,"object_type":"structure","relational_id":13545,"identifier":"5","token":"15.2\/II\/9\/5","url":"\/15.2\/II\/9\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13058,"edition_id":1,"name":"General Powers of Local Governments","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 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30 consecutive days or longer","url":"\/15.2-987\/","token":"15.2\/II\/9\/5\/15.2-987","metadata":false}],"previous_section":{"id":77767,"structure_id":13545,"section_number":"15.2-968.01","catch_line":"Parking in certain residential areas","url":"\/15.2-968.01\/","token":"15.2\/II\/9\/5\/15.2-968.01","metadata":false},"next_section":{"id":83573,"structure_id":13545,"section_number":"15.2-969","catch_line":"Ordinances prohibiting resale of tickets to certain public events; penalty","url":"\/15.2-969\/","token":"15.2\/II\/9\/5\/15.2-969","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-968.1\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 836<\/a> and 903<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2010, chapter 175<\/a>; in 2012, chapters 805<\/a> and 836<\/a>; in 2014, chapter 163<\/a>; in 2015, chapter 714<\/a>.<\/p>","references":[{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"}],"refers_to":[{"id":80529,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","order_by":null,"url":"\/19.2-76\/"},{"id":66460,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","order_by":null,"url":"\/19.2-76.2\/"},{"id":83631,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","order_by":null,"url":"\/19.2-76.3\/"},{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"},{"id":64548,"section_number":"46.2-833","catch_line":"Traffic lights; penalty","order_by":null,"url":"\/46.2-833\/"},{"id":54990,"section_number":"46.2-835","catch_line":"Right turn on steady red light after stopping","order_by":null,"url":"\/46.2-835\/"},{"id":81028,"section_number":"46.2-836","catch_line":"Left turn on steady red after stopping","order_by":null,"url":"\/46.2-836\/"}],"permalink":{"id":156831,"object_type":"law","relational_id":66068,"identifier":"15.2-968.1","token":"15.2\/II\/9\/5\/15.2-968.1","url":"\/15.2-968.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-968.1\/","token":"15.2\/II\/9\/5\/15.2-968.1","dublin_core":{"Title":"(For contingent effective date, see Acts 2023, c. 738, cl. 2) Use of violation monitoring systems to enforce traffic light signals and certain traffic control devices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-968.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing body<\/span> of any county<\/span>, city<\/span>, or town<\/span> may provide by ordinance<\/span> for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality<\/span> in accordance with the provisions of this section. Each such locality<\/span> may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county<\/span>, city<\/span>, or town<\/span> at any one time, provided, however, that within planning District 8, each such locality<\/span> may install and operate traffic light signal photo-monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within each county<\/span>, city<\/span>, or town<\/span>, whichever is greater, at any one time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The operator of a vehicle shall be liable for a monetary penalty<\/span> imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system<\/span>, to have failed to comply with a traffic light signal within such locality<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system<\/span> authorized pursuant to this section. A certificate, sworn to or affirmed<\/span> by a law<\/span>-enforcement officer employed by a locality<\/span> authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system<\/span>, shall be prima facie evidence<\/span> of the facts<\/span> contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate<\/span> the liability for such violation pursuant to an ordinance<\/span> adopted pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the prosecution<\/span> for a violation of any local ordinance<\/span> adopted as provided in this section, prima facie evidence<\/span> that the vehicle described in the summons<\/span> issued pursuant to this section was operated in violation of such ordinance<\/span>, together with proof that the defendant<\/span> was at the time of such violation the owner<\/span>, lessee, or renter of the vehicle, shall constitute in evidence<\/span> a rebuttable presumption<\/span> that such owner<\/span>, lessee, or renter of the vehicle was the person who committed the violation. Such presumption<\/span> shall be rebutted if the owner<\/span>, lessee, or renter of the vehicle (i) files an affidavit<\/span> by regular mail with the clerk of the general district court<\/span> that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court<\/span> under oath<\/span> that he was not the operator of the vehicle at the time of the alleged violation. Such presumption<\/span> shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons<\/span> issued pursuant to this section, to the court<\/span> adjudicating the alleged violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For purposes of this section, “owner<\/span>” means the registered owner<\/span> of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, “traffic light signal violation monitoring system<\/span>” means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2-833<\/a>, 46.2-835<\/a>, or 46.2-836<\/a>. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Imposition of a penalty<\/span> pursuant to this section shall not be deemed a conviction<\/span> as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty<\/span> imposed under this section shall exceed $50, nor shall it include court<\/span> costs. Any finding<\/span> in a district court<\/span> that an operator has violated an ordinance<\/span> adopted as provided in this section shall be appealable to the circuit<\/span> court<\/span> in a civil proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A summons<\/span> for a violation of this section may be executed pursuant to § 19.2-76.2<\/a>. Notwithstanding the provisions of § 19.2-76<\/a>, a summons<\/span> for a violation of this section may be executed by mailing by first class mail a copy thereof to the owner<\/span>, lessee, or renter of the vehicle. In the case of a vehicle owner<\/span>, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons<\/span>, a notice of (i) the summoned person’s ability to rebut the presumption<\/span> that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit<\/span> as provided in subsection D and (ii) instructions for filing such affidavit<\/span>, including the address to which the affidavit<\/span> is to be sent. If the summoned person fails to appear on the date of return set out in the summons<\/span> mailed pursuant to this section, the summons<\/span> shall be executed in the manner set out in § 19.2-76.3<\/a>. No proceedings for contempt<\/span> or arrest<\/span> of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons<\/span>. Any summons<\/span> executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons<\/span> to inspect information collected by a traffic light signal violation monitoring system<\/span> in connection with the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Information collected by a traffic light signal violation monitoring system<\/span> installed and operated pursuant to subsection A shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. On behalf of a locality<\/span>, a private entity that operates a traffic light signal violation monitoring system<\/span> may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208<\/a>, to obtain vehicle owner<\/span> information regarding the registered owners<\/span> of vehicles that fail to comply with a traffic light signal. Information provided to the operator of a traffic light signal violation monitoring system<\/span> shall be protected in a database with security comparable to that of the Department of Motor Vehicles’ system, and used only for enforcement against individuals who violate the provisions of this section. Notwithstanding any other provision of law<\/span>, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system<\/span> shall be used exclusively for enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or to a vehicle owner<\/span> or operator as part of a challenge to the violation; or (iv) be used in a court<\/span> in a pending action or proceeding unless the action or proceeding relates to a violation of § 46.2-833<\/a>, 46.2-835<\/a>, or 46.2-836<\/a> or requested upon order<\/span> from a court<\/span> of competent jurisdiction<\/span>. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality<\/span> does not execute a summons<\/span> for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality<\/span> operating a traffic light signal violation monitoring system<\/span> shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty<\/span> of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private entity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A private entity may enter into an agreement with a locality<\/span> to be compensated for providing the traffic light signal violation monitoring system<\/span> or equipment, and all related support services, to include consulting, operations and administration. However, only a law<\/span>-enforcement officer employed by a locality<\/span> may swear to or affirm<\/span> the certificate required by subsection C. No locality<\/span> shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> When selecting potential intersections for a traffic light signal violation monitoring system<\/span>, a locality<\/span> shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law<\/span>-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law<\/span>-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Before the implementation of a traffic light signal violation monitoring system<\/span> at an intersection, the locality<\/span> shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. No traffic light signal violation monitoring system<\/span> shall be implemented or utilized for a traffic signal having a yellow signal phase length of less than three seconds. All traffic light signal violation monitoring systems<\/span> shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality<\/span> shall make reasonable location-specific safety improvements, including signs and pavement markings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Any locality<\/span> that uses a traffic light signal violation monitoring system<\/span> shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Any locality<\/span> that uses a traffic light signal violation monitoring system<\/span> to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system<\/span> is used. There shall be a rebuttable presumption<\/span> that such signs were in place at the time of the commission of the traffic light signal violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system<\/span>, a locality<\/span> shall conduct a public awareness program, advising the public that the locality<\/span> is implementing or expanding a traffic light signal violation monitoring system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> Notwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal photo-monitoring system is owned, leased, or rented by a county<\/span>, city<\/span>, or town<\/span>, then the county<\/span>, city<\/span>, or town<\/span> may access and use the recorded images and associated information for employee disciplinary purposes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(FOR CONTINGENT EFFECTIVE DATE, SEE ACTS 2023, C. 738, CL. 2) USE OF VIOLATION\nMONITORING SYSTEMS TO ENFORCE TRAFFIC LIGHT SIGNALS AND CERTAIN TRAFFIC CONTROL\nDEVICES (\u00a7 15.2-968.1)\n\nA. The governing body of any county, city, or town may provide by ordinance for\nthe establishment of a traffic signal enforcement program imposing monetary\nliability on the operator of a motor vehicle for failure to comply with traffic\nlight signals in such locality in accordance with the provisions of this\nsection. Each such locality may install and operate traffic light signal\nphoto-monitoring systems at no more than one intersection for every 10,000\nresidents within each county, city, or town at any one time, provided, however,\nthat within planning District 8, each such locality may install and operate\ntraffic light signal photo-monitoring systems at no more than 10 intersections,\nor at no more than one intersection for every 10,000 residents within each\ncounty, city, or town, whichever is greater, at any one time.\n\nB. The operator of a vehicle shall be liable for a monetary penalty imposed\npursuant to this section if such vehicle is found, as evidenced by information\nobtained from a traffic light signal violation monitoring system, to have failed\nto comply with a traffic light signal within such locality.\n\nC. Proof of a violation of this section shall be evidenced by information\nobtained from a traffic light signal violation monitoring system authorized\npursuant to this section. A certificate, sworn to or affirmed by a\nlaw-enforcement officer employed by a locality authorized to impose penalties\npursuant to this section, or a facsimile thereof, based upon inspection of\nphotographs, microphotographs, videotape, or other recorded images produced by a\ntraffic light signal violation monitoring system, shall be prima facie evidence\nof the facts contained therein. Any photographs, microphotographs, videotape, or\nother recorded images evidencing such a violation shall be available for\ninspection in any proceeding to adjudicate the liability for such violation\npursuant to an ordinance adopted pursuant to this section.\n\nD. In the prosecution for a violation of any local ordinance adopted as provided\nin this section, prima facie evidence that the vehicle described in the summons\nissued pursuant to this section was operated in violation of such ordinance,\ntogether with proof that the defendant was at the time of such violation the\nowner, lessee, or renter of the vehicle, shall constitute in evidence a\nrebuttable presumption that such owner, lessee, or renter of the vehicle was the\nperson who committed the violation. Such presumption shall be rebutted if the\nowner, lessee, or renter of the vehicle (i) files an affidavit by regular mail\nwith the clerk of the general district court that he was not the operator of the\nvehicle at the time of the alleged violation or (ii) testifies in open court\nunder oath that he was not the operator of the vehicle at the time of the\nalleged violation. Such presumption shall also be rebutted if a certified copy\nof a police report, showing that the vehicle had been reported to the police as\nstolen prior to the time of the alleged violation of this section, is presented,\nprior to the return date established on the summons issued pursuant to this\nsection, to the court adjudicating the alleged violation.\n\nE. For purposes of this section, “owner” means the registered owner\nof such vehicle on record with the Department of Motor Vehicles. For purposes of\nthis section, “traffic light signal violation monitoring system”\nmeans a vehicle sensor installed to work in conjunction with a traffic light\nthat automatically produces two or more photographs, two or more\nmicrophotographs, video, or other recorded images of each vehicle at the time it\nis used or operated in violation of § 46.2-833, 46.2-835, or 46.2-836. For\neach such vehicle, at least one recorded image shall be of the vehicle before it\nhas illegally entered the intersection, and at least one recorded image shall be\nof the same vehicle after it has illegally entered that intersection.\n\nF. Imposition of a penalty pursuant to this section shall not be deemed a\nconviction as an operator and shall not be made part of the operating record of\nthe person upon whom such liability is imposed, nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage. No\nmonetary penalty imposed under this section shall exceed $50, nor shall it\ninclude court costs. Any finding in a district court that an operator has\nviolated an ordinance adopted as provided in this section shall be appealable to\nthe circuit court in a civil proceeding.\n\nG. A summons for a violation of this section may be executed pursuant to §\n19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for a\nviolation of this section may be executed by mailing by first class mail a copy\nthereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle\nowner, the copy shall be mailed to the address contained in the records of the\nDepartment of Motor Vehicles; in the case of a vehicle lessee or renter, the\ncopy shall be mailed to the address contained in the records of the lessor or\nrenter. Every such mailing shall include, in addition to the summons, a notice\nof (i) the summoned person’s ability to rebut the presumption that he was\nthe operator of the vehicle at the time of the alleged violation through the\nfiling of an affidavit as provided in subsection D and (ii) instructions for\nfiling such affidavit, including the address to which the affidavit is to be\nsent. If the summoned person fails to appear on the date of return set out in\nthe summons mailed pursuant to this section, the summons shall be executed in\nthe manner set out in § 19.2-76.3. No proceedings for contempt or arrest of\na person summoned by mailing shall be instituted for failure to appear on the\nreturn date of the summons. Any summons executed for a violation of this section\nshall provide to the person summoned at least 30 business days from the mailing\nof the summons to inspect information collected by a traffic light signal\nviolation monitoring system in connection with the violation.\n\nH. Information collected by a traffic light signal violation monitoring system\ninstalled and operated pursuant to subsection A shall be limited exclusively to\nthat information that is necessary for the enforcement of traffic light\nviolations. On behalf of a locality, a private entity that operates a traffic\nlight signal violation monitoring system may enter into an agreement with the\nDepartment of Motor Vehicles, in accordance with the provisions of subdivision B\n21 of § 46.2-208, to obtain vehicle owner information regarding the\nregistered owners of vehicles that fail to comply with a traffic light signal.\nInformation provided to the operator of a traffic light signal violation\nmonitoring system shall be protected in a database with security comparable to\nthat of the Department of Motor Vehicles’ system, and used only for\nenforcement against individuals who violate the provisions of this section.\nNotwithstanding any other provision of law, all photographs, microphotographs,\nelectronic images, or other personal information collected by a traffic light\nsignal violation monitoring system shall be used exclusively for enforcing\ntraffic light violations and shall not (i) be open to the public; (ii) be sold\nor used for sales, solicitation, or marketing purposes; (iii) be disclosed to\nany other entity except as may be necessary for the enforcement of a traffic\nlight violation or to a vehicle owner or operator as part of a challenge to the\nviolation; or (iv) be used in a court in a pending action or proceeding unless\nthe action or proceeding relates to a violation of § 46.2-833, 46.2-835, or\n46.2-836 or requested upon order from a court of competent jurisdiction.\nInformation collected under this section pertaining to a specific violation\nshall be purged and not retained later than 60 days after the collection of any\ncivil penalties. If a locality does not execute a summons for a violation of\nthis section within 10 business days, all information collected pertaining to\nthat suspected violation shall be purged within two business days. Any locality\noperating a traffic light signal violation monitoring system shall annually\ncertify compliance with this section and make all records pertaining to such\nsystem available for inspection and audit by the Commissioner of Highways or the\nCommissioner of the Department of Motor Vehicles or his designee. Any person who\ndiscloses personal information in violation of the provisions of this subsection\nshall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized\nuse or disclosure of such personal information shall be grounds for termination\nof the agreement between the Department of Motor Vehicles and the private\nentity.\n\nI. A private entity may enter into an agreement with a locality to be\ncompensated for providing the traffic light signal violation monitoring system\nor equipment, and all related support services, to include consulting,\noperations and administration. However, only a law-enforcement officer employed\nby a locality may swear to or affirm the certificate required by subsection C.\nNo locality shall enter into an agreement for compensation based on the number\nof violations or monetary penalties imposed.\n\nJ. When selecting potential intersections for a traffic light signal violation\nmonitoring system, a locality shall consider factors such as (i) the accident\nrate for the intersection, (ii) the rate of red light violations occurring at\nthe intersection (number of violations per number of vehicles), (iii) the\ndifficulty experienced by law-enforcement officers in patrol cars or on foot in\napprehending violators, and (iv) the ability of law-enforcement officers to\napprehend violators safely within a reasonable distance from the violation.\nLocalities may consider the risk to pedestrians as a factor, if applicable.\n\nK. Before the implementation of a traffic light signal violation monitoring\nsystem at an intersection, the locality shall complete an engineering safety\nanalysis that addresses signal timing and other location-specific safety\nfeatures. The length of the yellow phase shall be established based on the\nrecommended methodology of the Institute of Transportation Engineers. No traffic\nlight signal violation monitoring system shall be implemented or utilized for a\ntraffic signal having a yellow signal phase length of less than three seconds.\nAll traffic light signal violation monitoring systems shall provide a minimum\n0.5-second grace period between the time the signal turns red and the time the\nfirst violation is recorded. If recommended by the engineering safety analysis,\nthe locality shall make reasonable location-specific safety improvements,\nincluding signs and pavement markings.\n\nL. Any locality that uses a traffic light signal violation monitoring system\nshall evaluate the system on a monthly basis to ensure all cameras and traffic\nsignals are functioning properly. Evaluation results shall be made available to\nthe public.\n\nM. Any locality that uses a traffic light signal violation monitoring system to\nenforce traffic light signals shall place conspicuous signs within 500 feet of\nthe intersection approach at which a traffic light signal violation monitoring\nsystem is used. There shall be a rebuttable presumption that such signs were in\nplace at the time of the commission of the traffic light signal violation.\n\nN. Prior to or coincident with the implementation or expansion of a traffic\nlight signal violation monitoring system, a locality shall conduct a public\nawareness program, advising the public that the locality is implementing or\nexpanding a traffic light signal violation monitoring system.\n\nO. Notwithstanding any other provision of this section, if a vehicle depicted in\nimages recorded by a traffic light signal photo-monitoring system is owned,\nleased, or rented by a county, city, or town, then the county, city, or town may\naccess and use the recorded images and associated information for employee\ndisciplinary purposes.\n\nHISTORY: 2007, cc. 836, 903; 2010, c. 175; 2012, cc. 805, 836; 2014, c. 163;\n2015, c. 714.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}