Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/08/2020     01/08/2020  

Photo speed monitoring devices; civil penalty.

Authorizes law-enforcement officers to operate photo speed monitoring devices, defined in the bill, in or around school crossing zones and highway work zones for the purpose of recording images of vehicles that are traveling at speeds of at least 10 miles per hour above the posted school crossing zone or highway work zone speed limit within such school crossing zone or highway work zone when such highway work zone is indicated by conspicuously placed signs displaying the maximum speed limit and the use of such photo speed monitoring device. The bill provides that the operator of a vehicle shall be liable for a monetary civil penalty, not to exceed $125, if such vehicle is found to be traveling at speeds of at least 10 miles per hour above the posted highway work zone or school crossing zone speed limit by the photo speed monitoring device. The bill provides that if the summons for a violation is issued by mail the violation shall not be reported on the driver's operating record or to the driver's insurance agency, but if the violation is personally issued by an officer at the time of the violation, such violation shall be part of the driver's record and used for insurance purposes. The bill provides that the civil penalty will be paid to the locality in which the violation occurred.

Date Version PDF TXT
01/08/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20105147D Open

            

2020 SESSION

    20105147D
    SENATE BILL NO. 759
    Offered January 8, 2020
    Prefiled January 8, 2020
    A BILL to amend and reenact �� 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 photo speed monitoring devices; civil penalty.
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    Patron-- Marsden
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    Referred to Committee on Transportation
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    Be it enacted by the General Assembly of Virginia:

    1. That �� 46.2-208 and 46.2-882 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 46.2-882.1 as follows:

    46.2-208. Records of Department; when open for inspection; release of privileged information.

    A. All records in the office of the Department containing the specific classes of information outlined below shall be considered privileged records:

    1. Personal information, including all data defined as "personal information" in � 2.2-3801;

    2. Driver information, including all data that relates to drivers license status and driver activity; and

    3. Vehicle information, including all descriptive vehicle data and title, registration, and vehicle activity data.

    B. The Commissioner shall release such information only under the following conditions:

    1. Notwithstanding other provisions of this section, medical data included in personal data shall be released only to a physician, physician assistant, or nurse practitioner as provided in � 46.2-322.

    2. Insurance data may be released as specified in �� 46.2-372, 46.2-380, and 46.2-706.

    3. Notwithstanding other provisions of this section, information disclosed or furnished shall be assessed a fee as specified in � 46.2-214.

    4. When the person requesting the information is (i) the subject of the information, (ii) the parent or guardian of the subject of the information, (iii) the authorized representative of the subject of the information, or (iv) the owner of the vehicle that is the subject of the information, the Commissioner shall provide him with the requested information and a complete explanation of it. Requests for such information need not be made in writing or in person and may be made orally or by telephone, provided that the Department is satisfied that there is adequate verification of the requesters identity. When so requested in writing by (a) the subject of the information, (b) the parent or guardian of the subject of the information, (c) the authorized representative of the subject of the information, or (d) the owner of the vehicle that is the subject of the information, the Commissioner shall verify and, if necessary, correct the personal information provided and furnish driver and vehicle information in the form of an abstract of the record.

    5. On the written request of any insurance carrier, surety, or representative of an insurance carrier or surety, the Commissioner shall furnish such insurance carrier, surety, or representative an abstract of the record of any person subject to the provisions of this title. The abstract shall include any record of any conviction of a violation of any provision of any statute or ordinance relating to the operation or ownership of a motor vehicle or of any injury or damage in which he was involved and a report of which is required by � 46.2-372. No such report of any conviction or accident shall be made after 60 months from the date of the conviction or accident unless the Commissioner or court used the conviction or accident as a reason for the suspension or revocation of a drivers license or driving privilege, in which case the revocation or suspension and any conviction or accident pertaining thereto shall not be reported after 60 months from the date that the drivers license or driving privilege has been reinstated. This abstract shall not be admissible in evidence in any court proceedings.

    6. On the written request of any business organization or its agent, in the conduct of its business, the Commissioner shall compare personal information supplied by the business organization or agent with that contained in the Departments records and, when the information supplied by the business organization or agent is different from that contained in the Departments records, provide the business organization or agent with correct information as contained in the Departments records. Personal information provided under this subdivision shall be used solely for the purpose of pursuing remedies that require locating an individual.

    7. The Commissioner shall provide vehicle information to any business organization or agent on such business or agents written request. Disclosures made under this subdivision shall not include any personal information and shall not be subject to the limitations contained in subdivision 6.

    8. On the written request of any motor vehicle rental or leasing company or its designated agent, the Commissioner shall (i) compare personal information supplied by the company or agent with that contained in the Departments records and, when the information supplied by the company or agent is different from that contained in the Departments records, provide the company or agent with correct information as contained in the Departments records and (ii) provide the company or agent with driver information in the form of an abstract of any person subject to the provisions of this title. Such abstract shall include any record of any conviction of a violation of any provision of any statute or ordinance relating to the operation or ownership of a motor vehicle or of any injury or damage in which the subject of the abstract was involved and a report of which is required by � 46.2-372. No such abstract shall include any record of any conviction or accident more than 60 months after the date of such conviction or accident unless the Commissioner or court used the conviction or accident as a reason for the suspension or revocation of a drivers license or driving privilege, in which case the revocation or suspension and any conviction or accident pertaining thereto shall cease to be included in such abstract after 60 months from the date on which the drivers license or driving privilege was reinstated. No abstract released under this subdivision shall be admissible in evidence in any court proceedings.

    9. On the request of any federal, state, or local governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, court, or the authorized agent of any of the foregoing, the Commissioner shall (i) compare personal information supplied by the governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, court, or the authorized agent of any of the foregoing, with that contained in the Departments records and, when the information supplied by the governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, court, or the authorized agent of any of the foregoing, is different from that contained in the Departments records, provide the governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, court, or the authorized agent of any of the foregoing, with correct information as contained in the Departments records and (ii) provide driver and vehicle information in the form of an abstract of the record showing all convictions, accidents, and drivers license suspensions or revocations. The Commissioner may also release other appropriate information as the governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, court, or the authorized agent of any of the foregoing, may require in order to carry out its official functions. The abstract shall be provided free of charge.

    10. On request of the driver licensing authority in any other state or foreign country, the Commissioner shall provide whatever classes of information the requesting authority shall require in order to carry out its official functions. The information shall be provided free of charge.

    11. On the written request of any employer, prospective employer, or authorized agent of either, and with the written consent of the individual concerned, the Commissioner shall (i) compare personal information supplied by the employer, prospective employer, or agent with that contained in the Departments records and, when the information supplied by the employer, prospective employer, or agent is different from that contained in the Departments records, provide the employer, prospective employer, or agent with correct information as contained in the Departments records and (ii) provide the employer, prospective employer, or agent with driver information in the form of an abstract of an individuals record showing all convictions, accidents, drivers license suspensions or revocations, and any type of drivers license that the individual currently possesses, provided that the individuals position or the position that the individual is being considered for involves the operation of a motor vehicle.

    12. On the written request of any member of or applicant for membership in a volunteer fire company or any volunteer emergency medical services personnel or applicant to serve as volunteer emergency medical services personnel, the Commissioner shall (i) compare personal information supplied by the volunteer fire company or volunteer emergency medical services agency with that contained in the Departments records and, when the information supplied by the volunteer fire company or volunteer emergency medical services agency is different from that contained in the Departments records, provide the volunteer fire company or volunteer emergency medical services agency with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the members, personnel, or applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided free of charge if the request is accompanied by appropriate written evidence that the person is a member of or applicant for membership in a volunteer fire company or a volunteer emergency medical services agency to serve as a member of a volunteer emergency medical services agency and the abstract is needed by a volunteer fire company or volunteer emergency medical services agency to establish the qualifications of the member, volunteer, or applicant to operate equipment owned by the volunteer fire company or volunteer emergency medical services agency.

    13. On the written request of any person who has applied to be a volunteer with a Virginia affiliate of Big Brothers/Big Sisters of America, the Commissioner shall (i) compare personal information supplied by a Virginia affiliate of Big Brothers/Big Sisters of America with that contained in the Departments records and, when the information supplied by a Virginia affiliate of Big Brothers/Big Sisters of America is different from that contained in the Departments records, provide the Virginia affiliate of Big Brothers/Big Sisters of America with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer with a Virginia affiliate of Big Brothers/Big Sisters of America.

    14. On the written request of any person who has applied to be a volunteer with a court-appointed special advocate program pursuant to � 9.1-153, the Commissioner shall provide an abstract of the applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided free of charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer with a court-appointed special advocate program pursuant to � 9.1-153.

    15. Upon the request of any employer, prospective employer, or authorized representative of either, the Commissioner shall (i) compare personal information supplied by the employer, prospective employer, or agent with that contained in the Departments records and, when the information supplied by the employer, prospective employer, or agent is different from that contained in the Departments records, provide the employer, prospective employer, or agent with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the driving record of any individual who has been issued a commercial drivers license, provided that the individuals position or the position that the individual is being considered for involves the operation of a commercial motor vehicle. Such abstract shall show all convictions, accidents, license suspensions, revocations, or disqualifications, and any type of drivers license that the individual currently possesses.

    16. Upon the receipt of a completed application and payment of applicable processing fees, the Commissioner may enter into an agreement with any governmental authority or business to exchange information specified in this section by electronic or other means.

    17. Upon the request of an attorney representing a person in a motor vehicle accident, the Commissioner shall provide vehicle information, including the owners name and address, to the attorney.

    18. Upon the request, in the course of business, of any authorized representative of an insurance company or of any not-for-profit entity organized to prevent and detect insurance fraud, or perform rating and underwriting activities, the Commissioner shall provide to such person (i) all vehicle information, including the owners name and address, descriptive data and title, registration, and vehicle activity data as requested or (ii) all driver information including name, license number and classification, date of birth, and address information for each driver under the age of 22 licensed in the Commonwealth of Virginia meeting the request criteria designated by such person, with such request criteria consisting of drivers license number or address information. No such information shall be used for solicitation of sales, marketing, or other commercial purposes.

    19. Upon the request of an officer authorized to issue criminal warrants, for the purpose of issuing a warrant for arrest for unlawful disposal of trash or refuse in violation of � 33.2-802 the Commissioner shall provide vehicle information, including the owners name and address.

    20. Upon written request of the compliance agent of a private security services business, as defined in � 9.1-138, which is licensed by the Department of Criminal Justice Services, the Commissioner shall provide the name and address of the owner of the vehicle under procedures determined by the Commissioner.

    21. Upon the request of the operator of a toll facility or traffic light photo-monitoring system acting on behalf of a government entity, or of the Dulles Access Highway, or an authorized agent or employee of a toll facility operator or traffic light photo-monitoring system operator acting on behalf of a government entity or the Dulles Access Highway, for the purpose of obtaining vehicle owner data under subsection M of � 46.2-819.1 or subsection H of � 15.2-968.1 or subsection N of � 46.2-819.5. Information released pursuant to this subdivision shall be limited to the name and address of the owner of the vehicle having failed to pay a toll or having failed to comply with a traffic light signal or having improperly used the Dulles Access Highway and the vehicle information, including all descriptive vehicle data and title and registration data of the same vehicle.

    22. On the written request of any person who has applied to be a volunteer with a Virginia affiliate of Compeer, the Commissioner shall (i) compare personal information supplied by a Virginia affiliate of Compeer with that contained in the Departments records and, when the information supplied by a Virginia affiliate of Compeer is different from that contained in the Departments records, provide the Virginia affiliate of Compeer with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer with a Virginia affiliate of Compeer.

    23. Upon the request of the Department of Environmental Quality for the purpose of obtaining vehicle owner data in connection with enforcement actions involving on-road testing of motor vehicles, pursuant to � 46.2-1178.1.

    24. On the written request of any person who has applied to be a volunteer vehicle operator with a Virginia chapter of the American Red Cross, the Commissioner shall (i) compare personal information supplied by a Virginia chapter of the American Red Cross with that contained in the Departments records and, when the information supplied by a Virginia chapter of the American Red Cross is different from that contained in the Departments records, provide the Virginia chapter of the American Red Cross with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer vehicle operator with a Virginia chapter of the American Red Cross.

    25. On the written request of any person who has applied to be a volunteer vehicle operator with a Virginia chapter of the Civil Air Patrol, the Commissioner shall (i) compare personal information supplied by a Virginia chapter of the Civil Air Patrol with that contained in the Departments records and, when the information supplied by a Virginia chapter of the Civil Air Patrol is different from that contained in the Departments records, provide the Virginia chapter of the Civil Air Patrol with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer vehicle operator with a Virginia chapter of the Civil Air Patrol.

    26. On the written request of any person who has applied to be a volunteer vehicle operator with Faith in Action, the Commissioner shall (i) compare personal information supplied by Faith in Action with that contained in the Departments records and, when the information supplied by Faith in Action is different from that contained in the Departments records, provide Faith in Action with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer vehicle operator with Faith in Action.

    27. On the written request of the surviving spouse or child of a deceased person or the executor or administrator of a deceased persons estate, the Department shall, if the deceased person had been issued a drivers license or special identification card by the Department, supply the requestor with a hard copy image of any photograph of the deceased person kept in the Departments records.

    28. On the written request of any person who has applied to be a volunteer with a Virginia Council of the Girl Scouts of the USA, the Commissioner shall (i) compare personal information supplied by a Virginia Council of the Girl Scouts of the USA with that contained in the Departments records and, when the information supplied by a Virginia Council of the Girl Scouts of the USA is different from that contained in the Departments records, provide a Virginia Council of the Girl Scouts of the USA with correct information as contained in the Departments records and (ii) provide driver information in the form of an abstract of the applicants record showing all convictions, accidents, license suspensions or revocations, and any type of drivers license that the individual currently possesses. Such abstract shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer with the Virginia Council of the Girl Scouts of the USA.

    29. Upon written agreement, the Commissioner may digitally verify the authenticity and validity of a drivers license, learners permit, or special identification card to the American Association of Motor Vehicle Administrators, a motor vehicle dealer as defined in � 46.2-1500, or other organization approved by the Commissioner.

    30. Upon the request of the operator of a video-monitoring system as defined in � 46.2-844 acting on behalf of a government entity, the Commissioner shall provide vehicle owner data pursuant to subsection B of � 46.2-844. Information released pursuant to this subdivision shall be limited to the name and address of the owner of the vehicle having passed a stopped school bus and the vehicle information, including all descriptive vehicle data and title and registration data for such vehicle.

    31. Upon the request of the operator of a photo speed monitoring device as defined in � 46.2-882.1 acting on behalf of a government entity, the Commissioner shall provide vehicle owner data pursuant to subsection B of � 46.2-882.1. Information released pursuant to this subdivision shall be limited to the name and address of the owner of the vehicle having committed a violation of � 46.2-873 or 46.2-878.1 and the vehicle information, including all descriptive vehicle data and title and registration data for such vehicle.

    C. Whenever the Commissioner issues an order to suspend or revoke the drivers license or driving privilege of any individual, he may notify the National Driver Register Service operated by the United States Department of Transportation and any similar national driver information system and provide whatever classes of information the authority may require.

    D. Accident reports may be inspected under the provisions of �� 46.2-379 and 46.2-380.

    E. Whenever the Commissioner takes any licensing action pursuant to the provisions of the Virginia Commercial Drivers License Act (� 46.2-341.1 et seq.), he may provide information to the Commercial Driver License Information System, or any similar national commercial driver information system, regarding such action.

    F. In addition to the foregoing provisions of this section, vehicle information may also be inspected under the provisions of �� 46.2-633, 46.2-644.02, 46.2-644.03, and �� 46.2-1200.1 through 46.2-1237.

    G. The Department may promulgate regulations to govern the means by which personal, vehicle, and driver information is requested and disseminated.

    H. Driving records of any person accused of an offense involving the operation of a motor vehicle shall be provided by the Commissioner upon request to any person acting as counsel for the accused. If such counsel is from the public defenders office or has been appointed by the court, such records shall be provided free of charge.

    I. The Department shall maintain the records of persons convicted of violations of � 18.2-36.2, subsection B of � 29.1-738, and �� 29.1-738.02, 29.1-738.2, and 29.1-738.4 which shall be forwarded by every general district court or circuit court or the clerk thereof, pursuant to � 46.2-383. Such records shall be electronically available to any law-enforcement officer as provided for under clause (ii) of subdivision B 9.

    J. Whenever the Commissioner issues a certificate of title for a motor vehicle, he may notify the National Motor Vehicle Title Information System, or any other nationally recognized system providing similar information, or any entity contracted to collect information for such system, and may provide whatever classes of information are required by such system.

    46.2-882. Determining speed with various devices; certificate as to accuracy of device; arrest without warrant.

    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, or 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 (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 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 such 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 any locality 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.

    46.2-882.1. Use of photo speed monitoring devices in highway work zones and school crossing zones; civil penalty.

    A. For the purposes of this section:

    "Photo speed monitoring device" means equipment that uses LIDAR-based speed detection and, when activated by a person, produces one or more photographs, microphotographs, videotapes, or other recorded images of vehicles.

    "Highway work zone" has the same meaning ascribed to it in � 46.2-878.1.

    "School crossing zone" has the same meaning ascribed to it in � 46.2-873.

    B. A law-enforcement officer may operate a photo speed monitoring device in school crossing zones from the purposes of recording violations of � 46.2-873 and in highway work zones for the purposes of recording violations of � 46.2-878.1.

    1. A photo speed monitoring device may only be used:

    a. By a law-enforcement officer who is physically present in or around the school crossing zone to record images of vehicles that are traveling at speeds of at least 10 miles per hour above the posted speed limit within such school crossing zone; or

    b. By a law-enforcement officer who is physically present in or around the highway work zone where a law-enforcement vehicle is present and displaying lighted blue or blue combination lights to record images of vehicles that are traveling at speeds of at least 10 miles per hour above the posted highway work zone speed limit within such highway work zone.

    2. 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 school crossing zone or highway work zone speed limit within such school crossing zone or highway work zone. Such civil penalty shall not exceed $125, and any prosecution shall be instituted and conducted in the same manner as prosecution for traffic infractions. Civil penalties collected under this section by a locality shall be paid to the locality in which such violation occurred.

    3. If a photo speed monitoring device is used, proof of a violation of � 46.2-873 or 46.2-878.1 shall be evidenced by information obtained from such device. A certificate, or a facsimile thereof, sworn to or affirmed by a 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. 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 violation of � 46.2-873 or 46.2-878.1.

    4. In the prosecution for a violation of � 46.2-873 or 46.2-878.1 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 violation of � 46.2-873 or 46.2-878.1, 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 violation of � 46.2-873 or 46.2-878.1, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation.

    5. 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 violation of � 46.2-873 or 46.2-878.1 and personally issues a summons at the time of the violation, the conviction that results shall be made a part of such drivers driving record and used for insurance purposes in the provision of motor vehicle insurance coverage.

    6. A summons for a violation of � 46.2-873 or 46.2-878.1 issued by mail pursuant to this section shall 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 persons 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 subdivision 4 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 � 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 violation of � 46.2-873 or 46.2-878.1 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 violation of � 46.2-873 or 46.2-878.1 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.

    7. 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 may operate a photo speed monitoring device and only a law-enforcement officer may swear to or affirm the certificate required by this subsection. 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 of a locality pursuant to this section may enter into an agreement with the Department, in accordance with the provisions of subdivision B 31 of � 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that committed a violation of � 46.2-873 or 46.2-878.1. Any such information provided to such private vendor shall be protected in a database.

    8. 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 school crossing zone and highway work zone speeding violations. Information provided to the operator of a photo speed monitoring device shall be protected in a database and used only for enforcement against individuals who violate the provisions of this section or � 46.2-873 or 46.2-878.1. 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 school crossing zone and highway work zone speed limits 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 school crossing zone and highway work zone speed limits 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 violation of this section or � 46.2-873 or 46.2-878.1, 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 subdivision shall be subject to a civil penalty of $1,000 per disclosure.

    9. A conspicuous sign shall be placed within 1,000 feet of any school crossing zone or highway work zone 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.

    Picture Name From Date Type
    David W. Marsden D-Richmond Sponsor
    Date Branch Action
    01/08/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20105147D
    01/08/2020 Senate Senate: Referred to Committee on Transportation
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