                                 CODE OF VIRGINIA

(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 (§ 15.2-968.1)

A. 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.

B. 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.

C. 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.

D. 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.

E. For purposes of this section, &#8220;owner&#8221; means the registered owner
of such vehicle on record with the Department of Motor Vehicles. For purposes of
this section, &#8220;traffic light signal violation monitoring system&#8221;
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 &#xA7; 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. 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.

G. A summons for a violation of this section may be executed pursuant to &#xA7;
19.2-76.2. Notwithstanding the provisions of &#xA7; 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&#8217;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 &#xA7; 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. 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 &#xA7; 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&#8217; 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 &#xA7; 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. 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.

J. 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.

K. 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.

L. 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.

M. 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.

N. 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.

O. 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.

HISTORY: 2007, cc. 836, 903; 2010, c. 175; 2012, cc. 805, 836; 2014, c. 163;
2015, c. 714.