                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) ESTABLISHMENT OF INTELLIGENT SPEED ASSISTANCE PROGRAM;
PENALTY (§ 46.2-507)

A. As used in this section:
			&#8220;Commission&#8221; means the Commission on the Virginia Alcohol Safety
Action Program (VASAP) as established pursuant to &#xA7; 18.2-271.2.
			&#8220;Intelligent speed assistance system&#8221; means a system that limits
the speed at which a motor vehicle is capable of traveling based on the
applicable speed limit where such motor vehicle is being operated.
			&#8220;Program&#8221; means the Intelligent Speed Assistance Program
established pursuant to this section.

B. The Executive Director of the Commission or his designee shall, pursuant to
approval by the Commission, establish the Intelligent Speed Assistance Program
for the administration of the provisions of this section and supervise the
installation and compliance of intelligent speed assistance systems.

C. Upon receipt of notice from a court that a person is required to enroll in
the Program, the Department shall:

   1. Require such person&#8217;s enrollment in the Program as a condition for
   obtaining and maintaining a restricted driver&#8217;s license;

   2. Suspend such person&#8217;s driver&#8217;s license and issue such person a
   restricted driver&#8217;s license that indicates his participation in the
   Program; and

   3. Not issue such person any other driver&#8217;s license until such person
   successfully completes a period of enrollment as provided in subsection E.

D. The Department shall provide notice to any person required to enroll in the
Program of the requirements of this section. Such notice shall be deemed to have
been delivered if it is (i) hand-delivered to such person or (ii) sent by mail
to the address on such person&#8217;s driver&#8217;s license.

E. A person&#8217;s driver&#8217;s license shall remain suspended pursuant to
subdivision C 3, and a person&#8217;s enrollment in the Program shall remain a
condition for obtaining and maintaining a restricted driver&#8217;s license
pursuant to subdivision C 1, for the duration of time ordered by the court or,
if such enrollment is pursuant to &#xA7; 46.2-506, for a period of nine months
and after satisfactory completion of a driver improvement clinic.

F. A person enrolled in the Program pursuant to this section shall enter into
and successfully complete the Program and (i) shall install a certified
intelligent speed assistance system on each motor vehicle owned by or registered
to such person and (ii) shall not operate any motor vehicle that is not equipped
with a functioning, certified intelligent speed assistance system.

G. A person enrolled in the Program shall pay all costs associated with
enrollment and participation in the Program, unless such person is found by the
court or the Commission to be indigent.

H. The Executive Director of the Commission or his designee shall, pursuant to
approval by the Commission, certify intelligent speed assistance systems for use
in the Commonwealth and adopt regulations and forms for the installation,
maintenance, and certification of such intelligent speed assistance systems.
Such regulations shall include requirements that such intelligent speed
assistance systems:

   1. Do not impede the safe operation of the motor vehicle;

   2. Minimize opportunities to be bypassed, circumvented, or tampered with, and
   provide evidence that such system has not been bypassed, circumvented, or
   tampered with;

   3. Work accurately and reliably in an unsupervised environment;

   4. Have the capability to provide an accurate measure of speed and record each
   attempt to bypass, circumvent, or tamper with such intelligent speed
   assistance systems;

   5. Minimize inconvenience to other users of the motor vehicle;

   6. Be manufactured or distributed by an entity that is responsible for the
   installation, user training, service, and maintenance of such intelligent
   speed assistance systems;

   7. Operate reliably over the range of motor vehicle environments or motor
   vehicle manufacturing standards;

   8. Be manufactured by an entity that is adequately insured against liability,
   in an amount established by the Commission, including product liability and
   liability against installation and maintenance errors; and

   9. Provide for an electronic log of the driver&#8217;s experience with such
   intelligent speed assistance system with an information management system
   capable of electronically delivering information to the Commission within 24
   hours of the collection of such information from the data logger.

I. The regulations adopted pursuant to subsection H shall also provide for the
establishment of a Fund, administered by the Commission, using a percentage of
fees received by the manufacturer or distributor providing the intelligent speed
assistance systems from a person enrolled in the Program, to assist any person
found by the court or the Commission to be indigent with all or part of the
costs of an intelligent speed assistance system.

J. The Commission shall publish a list of certified intelligent speed assistance
systems and shall ensure that such intelligent speed assistance systems are
available throughout the Commonwealth. The Commission shall make the list
available to eligible offenders, who shall have the responsibility and authority
to choose which certified intelligent speed assistance system manufacturer or
distributor will supply such offender&#8217;s certified intelligent speed
assistance system. A manufacturer or distributor of intelligent speed assistance
systems that seeks to sell or lease the intelligent speed assistance systems to
persons subject to the provisions of this section shall pay the reasonable costs
of obtaining the required certification, as established by the Commission.

K. A person may not sell or lease or offer to sell or lease an intelligent speed
assistance system to any person unless:

   1. The intelligent speed assistance system has been certified by the
   Commission; and

   2. The warning label adopted by the Commission pursuant to subsection N is
   affixed to the intelligent speed assistance system.

L. A manufacturer or distributor of an intelligent speed assistance system shall
provide such support services as may be required at no cost to the Commonwealth.
Such services shall include a toll free, 24-hour telephone number for the users
of intelligent speed assistance systems.

M. No person shall tamper with, or in any way attempt to circumvent, bypass, or
tamper with the operation of, an intelligent speed assistance system that has
been installed in a motor vehicle pursuant to this section. A violation of this
subsection is punishable as a Class 1 misdemeanor. The venue for the prosecution
of a violation of this subsection shall be where the offense occurred.

N. The Commission shall design and adopt a warning label to be affixed to an
intelligent speed assistance system upon installation in a motor vehicle. The
warning label shall state that a person tampering with or attempting to bypass
or circumvent the intelligent speed assistance system is guilty of a Class 1
misdemeanor and, upon conviction, is subject to a fine or incarceration or both.

O. Any person who enters into the Program prior to trial may pre-qualify with
the Program to have an intelligent speed assistance system installed on any
motor vehicle owned or operated by him and the court may consider such
pre-qualification and installation.

P. The Commission shall promulgate such regulations and forms as are necessary
to implement the Program established by this section.

HISTORY: 2025, c. 652.