                                 CODE OF VIRGINIA

DETERMINING SPEED WITH VARIOUS DEVICES; CERTIFICATE AS TO ACCURACY OF DEVICE;
ARREST WITHOUT WARRANT (§ 46.2-882)

The speed of any motor vehicle may be determined by the use of (i) a laser speed
determination device, (ii) radar, (iii) a microcomputer device that is
physically connected to an odometer cable and both measures and records distance
traveled and elapsed time to determine the average speed of a motor vehicle, or
(iv) a microcomputer device that is located aboard an airplane or helicopter and
measures and records distance traveled and elapsed time to determine the average
speed of a motor vehicle being operated on highways within the Interstate System
of highways as defined in § 33.2-100. The speed of motor vehicles may be
determined by the use of a photo speed monitoring device as authorized in §
46.2-882.1. The results of such determinations shall be accepted as prima facie
evidence of the speed of such motor vehicle in any court or legal proceeding
where the speed of the motor vehicle is at issue.
		In any court or legal proceeding in which any question arises about the
calibration or accuracy of any laser speed determination device, radar,
microcomputer device, or photo speed monitoring device as described in this
section used to determine the speed of any motor vehicle, a certificate, or a
true copy thereof, showing the calibration or accuracy of (a) the speedometer of
any vehicle, (b) any tuning fork employed in calibrating or testing the radar or
other speed determination device, or (c) any other method employed in
calibrating or testing any laser speed determination device or photo speed
monitoring device, and when and by whom the calibration was made, shall be
admissible as evidence of the facts therein stated. No calibration or testing of
any device other than a photo speed monitoring device shall be valid for longer
than six months. No calibration or testing of a photo speed monitoring device
shall be valid for longer than 12 months.
		The driver of any such motor vehicle may be arrested without a warrant under
this section if the arresting officer is in uniform and displays his badge of
authority and if the officer has observed the registration of the speed of such
motor vehicle by the laser speed determination device, radar, or microcomputer
device as described in this section, or has received a radio message from the
officer who observed the speed of the motor vehicle registered by the laser
speed determination device, radar, or microcomputer device as described in this
section. However, in case of an arrest based on such a message, such radio
message shall have been dispatched immediately after the speed of the motor
vehicle was registered and furnished the license number or other positive
identification of the vehicle and the registered speed to the arresting officer.
		Neither State Police officers nor local law-enforcement officers shall use
laser speed determination devices or radar, as described herein in airplanes or
helicopters for the purpose of determining the speed of motor vehicles.
		State Police officers may use laser speed determination devices, radar, and/or
microcomputer devices as described in this section. All localities may use radar
and laser speed determination devices to measure speed. State Police officers
and local law-enforcement may use photo speed monitoring devices to measure
speed as authorized in § 46.2-882.1. The Cities of Alexandria, Fairfax, Falls
Church, Manassas, and Manassas Park and the Counties of Arlington, Fairfax,
Loudoun, and Prince William and towns within such counties may use microcomputer
devices as described in this section.
		The Division of Purchases and Supply, pursuant to § 2.2-1112, shall determine
the proper equipment used to determine the speed of motor vehicles and shall
advise the respective law-enforcement officials of the same. Police chiefs and
sheriffs shall ensure that all such equipment and devices purchased on or after
July 1, 1986, meet or exceed the standards established by the Division.

HISTORY: Code 1950, § 46-215.2; 1954, c. 313; 1956, c. 216; 1958, c. 541, §
46.1-198; 1966, c. 585; 1968, c. 497; 1974, c. 554; 1984, c. 357; 1986, c. 530;
1988, c. 712; 1989, c. 727; 1990, cc. 691, 974; 1991, c. 345; 1994, c. 734;
1997, c. 33; 1998, c. 423; 1999, cc. 693, 694, 698, 724, 729, 733; 2000, cc.
354, 357, 365; 2002, c. 109; 2003, cc. 608, 965; 2006, c. 930; 2007, c. 231;
2020, c. 1232.