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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60374</law_id><section_number>33.2-1726</section_number><catch_line>Incidental powers of the Board</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Transportation Funding and Development</unit><unit label="chapter" level="3" order_by="1" identifier="17">Transportation Development and Revenue Bond Act</unit></structure><text>
						<section><p>The <span class="dictionary">Board</span> may make and enter into all <span class="dictionary">contracts</span> or agreements necessary or incidental to the execution of its powers under this chapter and may employ engineering, architectural, and construction experts and inspectors, brokers, and such other employees as may be deemed necessary, who shall be paid such compensation as may be provided in accordance with <span class="dictionary">law</span>. All such compensation and all expenses incurred in carrying out the provisions of this chapter shall be paid solely from funds provided under the authority of this chapter, and no liability or obligation shall be incurred pursuant to this chapter beyond the extent to which money has been provided under the authority of this chapter. The <span class="dictionary">Board</span> may exercise any powers that are necessary or convenient for the execution of its powers under this chapter.
		The <span class="dictionary">Board</span> shall maintain and keep in good condition and repair, or cause to be maintained and kept in good condition and repair, the <span class="dictionary">projects</span> authorized under this chapter, when acquired or constructed and opened to traffic, including any <span class="dictionary">project</span> or part thereof that may include portions of existing streets or roads within a county, municipality, or other political subdivision.
		The <span class="dictionary">Board</span> is authorized and empowered to establish regulations for the use of any one or more of the <span class="dictionary">projects</span> defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/33.2-1700/">33.2-1700</a>, as amended, including reasonable regulations relating to (i) maximum and minimum speed limits applicable to motor vehicles using such <span class="dictionary">project</span>, any other provision of <span class="dictionary">law</span> to the contrary notwithstanding; (ii) the types, kinds, and sizes of vehicles that may use such <span class="dictionary">projects</span>; (iii) the nature, size, type of <span class="dictionary">materials</span>, or substances that shall not be transported over such <span class="dictionary">project</span>; and (iv) such other matters as may be necessary or expedient in the interest of public safety with respect to the use of such <span class="dictionary">project</span>, provided that as to the <span class="dictionary">project</span> authorized under the terms of subdivision 5 of the definition of &#x201C;<span class="dictionary">project</span>&#x201D; in &#xA7;&#xA0;<a class="law" title="Definitions" href="/33.2-1700/">33.2-1700</a>, the provisions of clauses (i), (ii), (iii), and (iv) shall not apply to existing streets within a municipality and embraced by such <span class="dictionary">project</span>, except as may be otherwise agreed upon by the <span class="dictionary">Board</span> and the municipality.
		The <span class="dictionary">projects</span> acquired or constructed under this chapter may be policed in whole or in part by State Police officers even though all or some portions of any such <span class="dictionary">projects</span> lie within the corporate limits of a municipality or other political subdivision. Such officers shall be under the exclusive control and direction of the Superintendent of State Police and shall be responsible for the preservation of public peace, prevention of <span class="dictionary">crime</span>, apprehension of criminals, protection of the rights of persons and property, and enforcement of the <span class="dictionary">laws</span> and regulations of the Commonwealth within the limits of any such <span class="dictionary">projects</span>. All other police officers of the Commonwealth and of each locality or other political subdivision through which any <span class="dictionary">project</span>, or portion thereof, extends shall have the same powers and <span class="dictionary">jurisdiction</span> within the limits of such <span class="dictionary">projects</span> as they have beyond such limits and shall have access to the <span class="dictionary">projects</span> at any time for the purpose of exercising such powers and <span class="dictionary">jurisdiction</span>.
		The <span class="dictionary">Board</span> is authorized and empowered to employ and appoint &#x201C;<span class="dictionary">project</span> guards&#x201D; for the purpose of protecting the <span class="dictionary">projects</span> and to enforce the regulations of the <span class="dictionary">Board</span>, except those paralleling state <span class="dictionary">law</span>, established for the use of such <span class="dictionary">projects</span>. Such guards may <span class="dictionary">issue</span> <span class="dictionary">summons</span> to appear or <span class="dictionary">arrest</span> on view without warrant and conduct before the nearest officer authorized by <span class="dictionary">law</span> to admit to <span class="dictionary">bail</span> any persons violating, within or upon the <span class="dictionary">projects</span>, any such rule or regulation. The provisions of &#xA7;&#xA7;&#xA0;<a class="law" title="Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of &#xA7;&#xA7; 46.2-301 and 46.2-302; violations" href="/46.2-936/">46.2-936</a> and <a class="law" title="When arresting officer shall take person before issuing authority" href="/46.2-940/">46.2-940</a> shall apply <span class="dictionary">mutatis mutandis</span> to the issuance of <span class="dictionary">summons</span> or <span class="dictionary">arrests</span> without warrants pursuant to this section.
		The violation of any regulation adopted by the <span class="dictionary">Board</span> pursuant to the authority hereby granted shall be punishable as follows: If such violation would have been a violation of <span class="dictionary">law</span> if committed on any public street or <span class="dictionary">highway</span> in the county, city, or town in which such violation occurred, it shall be punishable in the same manner as if it had been committed on such public road, street, or <span class="dictionary">highway</span>; otherwise it shall be punishable as a Class 1 <span class="dictionary">misdemeanor</span>.
		The powers and duties of the <span class="dictionary">Board</span> enumerated in this chapter shall not be construed as a limitation of the general powers or duties of the <span class="dictionary">Board</span>. The <span class="dictionary">Board</span>, in addition to the powers and duties enumerated in this chapter, shall do and perform any and all things and acts necessary in the construction or acquisition, <span class="dictionary">maintenance</span>, and operation of any <span class="dictionary">project</span> to be constructed or acquired under the provisions of this chapter, to the end that such <span class="dictionary">project</span> may become and be operated free of tolls as early as possible and practicable, subject only to the express limitations of this chapter and the limitations of other <span class="dictionary">laws</span> and constitutional provisions applicable thereto.</p></section></text><history>Code 1950, &#xA7; 33-252; 1956, c. 158; 1958, c. 583; 1970, c. 322, &#xA7; 33.1-292; 2014, c. 805; 2015, c. 256.</history><metadata></metadata></law>
