Virginia Law

Article 2. Powers and Duties of Department Related to Transportation Safety.

The Commissioner shall have the following general powers to carry out the purposes of this article:

1. To employ required personnel.

2. To enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this article, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth.

3. To accept grants from the United States government and its agencies and instrumentalities and any other source. To these ends, the Department shall have the power to comply with conditions and execute agreements necessary, convenient or desirable.

4. To do all acts necessary or convenient to carry out the purposes of this article.

1984, c. 778, § 46.1-40.3; 1989, c. 727.

The Commissioner shall have the following powers and duties related to transportation safety:

1. To evaluate safety measures currently in use by all transport operators in all modes which operate in or through the Commonwealth, with particular attention to the safety of equipment and appliances and methods and procedures of operation;

2. To engage in training and educational activities aimed at enhancing the safe transport of passengers and property in and through the Commonwealth;

3. To cooperate with all relevant entities of the federal government, including, but not limited to, the Department of Transportation, the Federal Railway Administration, the Federal Aviation Administration, the Coast Guard, and the Independent Transportation Safety Board in matters concerning transportation safety;

4. To initiate, conduct, and issue special studies on matters pertaining to transportation safety;

5. To evaluate transportation safety efforts, practices, and procedures of the agencies or other entities of the government of the Commonwealth and make recommendations to the Secretary of Transportation, the Governor, and the General Assembly on ways to increase transportation safety consciousness or improve safety practices;

6. To assist entities of state government and political subdivisions of the Commonwealth in enhancing their efforts to ensure safe transportation, including the dissemination of relevant materials and the rendering of technical or other advice;

7. To collect, tabulate, correlate, analyze, evaluate, and review the data gathered by various entities of the state government in regard to transportation operations, management, and accidents, especially the information gathered by the Department of Motor Vehicles, the Department of State Police, and the State Corporation Commission;

8. To develop, implement, and review, in conjunction with relevant state and federal entities, a comprehensive highway safety program for the Commonwealth, and to inform the public about it;

9. To assist towns, counties and other political subdivisions of the Commonwealth in the development, implementation, and review of local highway safety programs as part of the state program;

10. To review the activities, role, and contribution of various state entities to the Commonwealth's highway safety program and to report annually and in writing to the Governor and General Assembly on the status, progress, and prospects of highway safety in the Commonwealth;

11. To recommend to the Secretary of Transportation, the Governor, and the General Assembly any corrective measures, policies, procedures, plans, and programs which are needed to make the movement of passengers and property on the highways of the Commonwealth as safe as practicable;

12. To design, implement, administer, and review special programs or projects needed to promote highway safety in the Commonwealth;

13. To integrate highway safety activities into the framework of transportation safety in general;

14. To administer the Traffic Safety Fund established pursuant to § 46.2-749.2:10 and to accept grants, gifts, bequests, and other moneys contributed to, deposited in, or designated for deposit in the Fund; and

15. Notwithstanding any other provision of this title, for the duration of a declared state of emergency as defined in § 44-146.16 and for up to 90 days after the declaration of a state of emergency has been rescinded or expires, (i) to extend the validity or delay the cancellation of driver's licenses, special identification cards, and vehicle registrations; (ii) to extend the time frame during which a driver improvement clinic or payment plan may be completed; (iii) to extend the maximum number of days of residency permitted before a new resident must be licensed in Virginia pursuant to § 46.2-308 to operate a motor vehicle in the Commonwealth; and (iv) to extend the time frame during which a new resident may operate a motor vehicle in the Commonwealth that has been duly registered in another jurisdiction before registering the vehicle in the Commonwealth.

1984, c. 778, § 46.1-40.4; 1989, c. 727; 1990, cc. 1, 317; 1998, c. 743; 2021, Sp. Sess. I, c. 129.

A. The Department shall collect data related to driving under the influence of alcohol, drugs, or a combination thereof, on an annual basis based on the calendar year. The Department may request data and shall be provided such data upon request from (i) every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, or any political subdivision thereof; (ii) any criminal justice agency as defined in § 9.1-101; and (iii) the clerk of each circuit court. If the statewide Circuit Court Case Management System is used by the circuit court clerk, the Executive Secretary of the Supreme Court shall provide for the transfer of such data upon request of the Department.

B. The Department shall annually collect the following data based on the calendar year:

1. The number of motor vehicle and commercial motor vehicle crashes, injuries, serious injuries, and fatalities that involved alcohol, drugs, or a combination of alcohol and drugs, as maintained by the Department;

2. The number of drivers, passengers, bicyclists, and pedestrians killed in motor vehicle and commercial motor vehicle crashes, including the blood alcohol content and any drugs identified in the blood of each decedent driver, as maintained by the Office of the Chief Medical Examiner;

3. The number of full-time, sworn officer positions allotted to each law-enforcement agency and the number of full-time, sworn officers employed by each law-enforcement agency, as maintained by the Department of State Police;

4. The number of arrests for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, as maintained by the Department of State Police;

5. The number of charges and convictions for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31 across all district and circuit courts, as maintained by the Executive Secretary of the Supreme Court of Virginia or any circuit court clerk who maintains an independent case management system;

6. The number of adults sentenced to a term of incarceration for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, including the active period of incarceration imposed and the length of time that the person was incarcerated, as maintained by the Compensation Board and the Department of Corrections;

7. The number of individuals ordered to report to the Virginia Alcohol Safety Action Program and the number of individuals under the supervision of such program, as maintained by the Virginia Alcohol Safety Action Program;

8. The number of ignition interlock devices installed on motor vehicles and the number of remote alcohol monitoring devices applied to individuals, as maintained by the Virginia Alcohol Safety Action Program;

9. The number of breath alcohol tests administered and the average blood alcohol concentration test results, as maintained by the Department of Forensic Science;

10. The number of driving under the influence-related blood sample submissions and any drugs or drug classes identified in such samples, as maintained by the Department of Forensic Science;

11. The total number of restrictions, suspensions, and revocations of Virginia driver's licenses and commercial driver's licenses for driving under the influence, as maintained by the Department;

12. The number of specific driving under the influence-related enforcement measures conducted by law-enforcement agencies, such as sobriety checkpoints, saturation patrols, and any other relevant measures, as maintained by the Department;

13. The total amount of grant money awarded to Virginia, each law-enforcement agency, and any other entity that is not a law-enforcement agency by the National Highway Traffic Safety Administration, as maintained by the Department; and

14. Any other data deemed relevant and reliable by the Department.

C. The Department shall submit an annual report based on the data collected pursuant to subsection B on or before October 1 to the General Assembly, the Governor, and the Virginia State Crime Commission. The report shall also be made available to the public on the website of the Department. The data set forth in subsection B shall be reported at aggregate statewide level based on the calendar year over a period of at least five years and, to the extent possible, shall also be reported at an aggregate level by locality and by law-enforcement agency over the same time period. Additionally, to the extent possible, the data shall distinguish between alcohol, drug, or alcohol and drug impaired driving. Such report may also include recommendations to improve the enforcement of driving under the influence laws or the collection of relevant data.

D. Nothing in this section shall require any (i) department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, or any political subdivision thereof; (ii) criminal justice agency as defined in § 9.1-101; or (iii) clerk of circuit court to provide data to the Department if the requested data is not regularly maintained by such entity or if such data is prohibited from such disclosure under any other law or under the Virginia Rules of Professional Conduct.

2023, cc. 660, 661.

Repealed by Acts 2012, cc. 803 and 835, cl. 105.