                                 CODE OF VIRGINIA

MOBILE INFRARED TRANSMITTERS; DEMERIT POINTS NOT TO BE AWARDED (§ 46.2-1077.1)

A. It shall be unlawful for any person to operate a motor vehicle on the
highways of the Commonwealth when such vehicle is equipped with a mobile
infrared transmitter or any other device or mechanism, passive or active, used
to preempt or change the signal given by a traffic light so as to give the
right-of-way to the vehicle equipped with such device. It shall be unlawful to
use any such device or mechanism on any such motor vehicle on the highways. It
shall be unlawful to sell any such device or mechanism in the Commonwealth,
except for uses permitted under this section. In addition, the provisions of
this section shall not apply to any law-enforcement, firefighting, or emergency
medical services vehicle responding to an emergency call or operating in an
emergency situation or any vehicle providing public transportation service in a
corridor approved for public transportation priority by the Virginia Department
of Transportation or the governing body of any county, city, or town having
control of the highways within its boundaries.
			This section shall not be construed to authorize the forfeiture to the
Commonwealth of any such device or mechanism. Any such device or mechanism may
be taken by the arresting officer if needed as evidence, and, when no longer
needed, shall be returned to the person charged with a violation of this
section, or at that person&#8217;s request and his expense, mailed to an address
specified by him. Any unclaimed devices may be destroyed on court order after
six months have elapsed from the final date for filing an appeal.
			Except as provided in subsection B, the presence of any such prohibited
device or mechanism in or on a motor vehicle on the highways of the Commonwealth
shall constitute prima facie evidence of the violation of this section. The
Commonwealth need not prove that the device or mechanism in question was in an
operative condition or being operated.

B. A person shall not be guilty of a violation of this section when the device
or mechanism in question, at the time of the alleged offense, had no power
source and was not readily accessible for use by the driver or any passenger in
the vehicle.

C. No demerit points shall be awarded by the Commissioner for violations of this
section.

HISTORY: 2004, c. 268; 2015, cc. 502, 503.