                                 CODE OF VIRGINIA

USE OF PHOTO SPEED MONITORING DEVICES IN HIGHWAY WORK ZONES, SCHOOL CROSSING
ZONES, AND HIGH-RISK INTERSECTION SEGMENTS; CIVIL PENALTY (§ 46.2-882.1)

A. For the purposes of this section:
			&#8220;High-risk intersection segment&#8221; means any highway or portion
thereof located not more than 1,000 feet from the limits of the property of a
school that is part of or adjacent to an intersection containing a marked
crosswalk that is identified in the manner provided in this section as one in
which a traffic fatality has occurred since January 1, 2014.
			&#8220;Highway work zone&#8221; has the same meaning ascribed to it in &#xA7;
46.2-878.1.
			&#8220;Photo speed monitoring device&#8221; means equipment that uses radar
or LIDAR-based speed detection and produces one or more photographs,
microphotographs, videotapes, or other recorded images of vehicles.
			&#8220;Retired sworn law-enforcement officer&#8221; means any officer of the
United States, or of a state or political subdivision thereof, who was empowered
by law to conduct investigations and make arrests and any attorney authorized by
law to prosecute or participate in the prosecution of such offenses, who at the
time of retirement kept an up-to-date certification and retired honorably in
good standing. A retired sworn law-enforcement officer shall not be required to
keep an up-to-date certification after the date of his retirement.
			&#8220;School crossing zone&#8221; has the same meaning ascribed to it in
&#xA7; 46.2-873.
			&#8220;Vehicle speed violation&#8221; means a violation of this title
resulting from the operation of a vehicle in excess of the speed limit,
including a violation of &#xA7; 46.2-873 or 46.2-878.1.

B. A state or local law-enforcement agency may place and operate a photo speed
monitoring device in school crossing zones for the purposes of recording
violations of &#xA7; 46.2-873 and in highway work zones for the purposes of
recording violations of &#xA7; 46.2-878.1.
			A state or local law-enforcement agency may place and operate a photo speed
monitoring device at a high-risk intersection segment located within the
locality for the purpose of recording vehicle speed violations, provided that
such law-enforcement agency certifies that a traffic fatality has occurred since
January 1, 2014, in such segment.

C. The operator of a vehicle shall be liable for a monetary civil penalty
imposed pursuant to this section if such vehicle is found, as evidenced by
information obtained from a photo speed monitoring device, to be traveling at
speeds of at least 10 miles per hour above the posted speed limit in the zone
monitored by the photo speed monitoring device. Such civil penalty shall not
exceed $100, and any prosecution shall be instituted and conducted in the same
manner as prosecution for traffic infractions. Civil penalties collected under
this section resulting from a summons issued by a local law-enforcement officer
or retired sworn law-enforcement officer employed by a locality shall be paid to
the locality in which such violation occurred. Civil penalties collected under
this section resulting from a summons issued by a law-enforcement officer or
retired sworn law-enforcement officer employed by the Department of State Police
shall be paid into the Literary Fund. However, all civil penalties collected
under this section resulting from a summons issued based on evidence obtained
from a photo speed monitoring device placed and operated at a high-risk
intersection segment shall be paid to the Commonwealth Transportation Board to
be used for the Virginia Highway Safety Improvement Program established pursuant
to &#xA7; 33.2-373.

D. If a photo speed monitoring device is used, proof of a vehicle speed
violation shall be evidenced by information obtained from such device. A
certificate, or a facsimile thereof, sworn to or affirmed by a law-enforcement
officer or a retired sworn law-enforcement officer, based upon inspection of
photographs, microphotographs, videotapes, or other recorded images produced by
a photo speed monitoring device, shall be prima facie evidence of the facts
contained therein. However, for any photo speed monitoring device placed in a
school crossing zone, such sworn certificate or facsimile thereof shall not be
prima facie evidence of the facts contained therein unless such photographs,
microphotographs, videotapes, or other recorded images, or documentation, depict
or confirm a portable sign or tilt-over sign that is in position or blinking
sign that is activated, indicating the school crossing zone pursuant to &#xA7;
46.2-873, at the time of such vehicle speed violation. Any photographs,
microphotographs, videotapes, or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to adjudicate the
liability for such vehicle speed violation.

E. In the prosecution for a vehicle speed violation in which a summons was
issued by mail, prima facie evidence that the vehicle described in the summons
issued pursuant to this section was operated in a manner constituting a vehicle
speed violation, 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 and provides the
name and address of the person who was operating 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 and provides the
name and address of the person who was operating 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 vehicle speed violation, is presented,
prior to the return date established on the summons issued pursuant to this
section, to the court adjudicating the alleged violation.

F. Imposition of a penalty pursuant to this section by mailing a summons 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. However, if a law-enforcement officer uses a photo speed monitoring
device to record a vehicle speed violation and personally issues a summons at
the time of the violation, the conviction that results shall be made a part of
such driver&#8217;s driving record and used for insurance purposes in the
provision of motor vehicle insurance coverage.

G. A summons for a vehicle speed violation issued by mail pursuant to this
section may be executed pursuant to &#xA7; 19.2-76.2. Notwithstanding the
provisions of &#xA7; 19.2-76, a summons issued by mail pursuant to 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 or accessible to the
Department. 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 E 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. If the summons is issued to an owner, lessee, or renter of a vehicle
with a registration outside the Commonwealth and such person fails to appear on
the date of return set out in the summons mailed pursuant to this section, the
summons will be eligible for all legal collections activities. Any summons
executed for a vehicle speed violation issued pursuant to this section shall
provide to the person summoned at least 30 days from the mailing of the summons
to inspect information collected by a photo speed monitoring device in
connection with the violation. If the law-enforcement agency that was operating
the photo speed monitoring device does not execute a summons for a vehicle speed
violation issued pursuant to this section within 30 days from the date of the
violation, all information collected pertaining to that suspected violation
shall be purged within 60 days from the date of the violation.

H. A private vendor may enter into an agreement with a law-enforcement agency to
be compensated for providing a photo speed monitoring device and all related
support services, including consulting, operations, and administration. However,
only a law-enforcement officer or retired sworn law-enforcement officer may
swear to or affirm the certificate required by this section. Any such agreement
for compensation shall be based on the value of the goods and services provided,
not on the number of violations paid or monetary penalties imposed. Any private
vendor contracting with a law-enforcement agency pursuant to this section may
enter into an agreement with the Department, in accordance with the provisions
of subdivision B 31 of &#xA7; 46.2-208, to obtain vehicle owner information
regarding the registered owners of vehicles that committed a vehicle speed
violation. Any such information provided to such private vendor shall be
protected in a database.

I. Information collected by a photo speed monitoring device operated pursuant to
this section shall be limited exclusively to that information that is necessary
for the enforcement of vehicle speed violations. Information provided to the
operator of a photo speed monitoring device shall be protected in a database and
used only for enforcement of vehicle speed violations and enforcement against
individuals who violate the provisions of this section. Notwithstanding any
other provision of law, all photographs, microphotographs, videotapes, or other
recorded images collected by a photo speed monitoring device shall be used
exclusively for enforcing vehicle speed violations and shall not be (i) open to
the public; (ii) sold or used for sales, solicitation, or marketing purposes;
(iii) disclosed to any other entity except as may be necessary for the
enforcement of a vehicle speed violation or to a vehicle owner or operator as
part of a challenge to the violation; or (iv) used in a court in a pending
action or proceeding unless the action or proceeding relates to a vehicle speed
violation or a violation of this section, or such information is 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. Any
law-enforcement agency using photo speed monitoring devices 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.

J. A conspicuous sign shall be placed within 1,000 feet of any school crossing
zone, highway work zone, or high-risk intersection segment at which a photo
speed monitoring device is used, indicating the use of the device. There shall
be a rebuttable presumption that such sign was in place at the time of the
commission of the speed limit violation.

K. Any state or local law-enforcement agency that places and operates a photo
speed monitoring device pursuant to the provisions of this section shall report
to the Department of State Police, in a format to be determined by the
Department of State Police, by January 15 of each year on the number of traffic
violations prosecuted, the number of successful prosecutions, and the total
amount of monetary civil penalties collected. The Department of State Police
shall aggregate such information and report it to the General Assembly by
February 15 of each year.

HISTORY: 2020, c. 1232; 2024, c. 670; 2025, cc. 434, 670.