SB 678 — Speed monitoring systems; locality may, by ordinance, establish.

SESSION history | hilite | pdf | print version 18101223D18106838D SENATE BILL NO.

678 OfferedAMENDMENT JanuaryIN 10,THE 2018NATURE PrefiledOF JanuaryA 10,SUBSTITUTE 2018(Proposed by the Senate Committee on Transportation on February 7, 2018) (Patron Prior to Substitute--Senator Deeds) A BILL to amend and reenact §§ 2.2-1112, 46.2-208, and 46.2-882 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-882.1, relating to speed monitoring systems.

---------- Patrons-- Deeds and McClellan ---------- Referred to Committee on Transportation ---------- Be it enacted by the General Assembly of Virginia:

In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device, or speed monitoring system 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 (i) (a) the speedometer of any vehicle, (ii) (b) any tuning fork employed in calibrating or testing the radar or other speed determination device, or (iii) (c) any other method employed in calibrating or testing any laser speed determination device or speed monitoring system, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated.

All localities may use radar andand, laser speed determination devices, or speed monitoring devices as defined in § 46.2-882.1 to measure speed.

The Cities of Alexandria, Charlottesville, 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 sectionsection. and speed monitoring systems as defined in § 46.2-882.1.

For purposes of this section, "speed monitoring system" means a vehicle sensor that automatically produces two or more photographs, two or more microphotographs, video, or other recorded imagesdata of a motor vehicle traveling at a speed of at least 10 miles per hour in excess of the maximum applicable speed limit.

A locality may install and operate speed monitoring systems only atin residence districts, at school crossing zones as defined in § 46.2-873, and in highway work zones as defined in § 46.2-878.1.

A certificate, sworn to or affirmed by a technician employed or authorized by the speed monitoring system operator, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape,video, or other recorded imagesdata produced by a speed monitoring system, shall be prima facie evidence of the facts contained therein.

Any photographs, microphotographs, videotape,video, or other recorded imagesdata 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.

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,presented to the court adjudicating the alleged violation prior to the return date established on the summons issued pursuant to this section,section. to the court adjudicating the alleged violation.

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.owner.

Information provided to the operator of a speed monitoring system shall be protected in a database with security comparable to that of the Department of Motor Vehicles' system,system and used only for enforcement against individuals who violate the provisions of this section.

If a locality does not execute a summons for a violation of this section within 10 business days,days of the violation, all information collected pertaining to that suspected violation shall be purged within two business days.

However, a locality shall not issue a summons for a speed limit violation recorded by the speed monitoring system for 15 days after such signs are placed.