Virginia Law

Article 8. Speed.

Except as otherwise provided in this article, the maximum speed limit shall be 55 miles per hour on interstate highways or other limited access highways with divided roadways, nonlimited access highways having four or more lanes, and all state primary highways.

The maximum speed limit on all other highways shall be 55 miles per hour if the vehicle is a passenger motor vehicle, bus, pickup or panel truck, or a motorcycle, but 45 miles per hour on such highways if the vehicle is a truck, tractor truck, or combination of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle designed for self-propulsion, or a house trailer.

Notwithstanding the foregoing provisions of this section, the maximum speed limit shall be 70 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on (i) interstate highways; (ii) multilane, divided, limited access highways; and (iii) high-occupancy vehicle lanes if such lanes are physically separated from regular travel lanes. The maximum speed limit shall be 60 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on U.S. Route 17, U.S. Route 23, U.S. Route 29, U.S. Route 58, U.S. Alternate Route 58, U.S. Route 301, U.S. Route 360, U.S. Route 460, U.S. Route 501 between the Town of South Boston and the North Carolina state line, State Route 3, and State Route 207 where such routes are nonlimited access, multilane, divided highways.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, §§ 46.1-193, 46.1-401; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1975, c. 533; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1986, c. 639; 1988, cc. 662, 897; 1989, cc. 276, 526, 727; 1992, c. 598; 1994, c. 423; 1996, c. 1; 1998, cc. 546, 560; 1999, c. 142; 2001, c. 298; 2002, c. 872; 2003, c. 838; 2004, c. 696; 2005, cc. 266, 267, 268; 2006, c. 213; 2007, cc. 222, 544; 2010, cc. 26, 56; 2014, c. 91; 2018, cc. 160, 339, 340, 345.

The maximum speed limit for school buses shall be 45 miles per hour or the minimum speed allowable, whichever is greater, on any highway where the maximum speed limit is 55 miles per hour or less, and 60 miles per hour on all interstate highways and on other highways where the maximum speed limit is more than 55 miles per hour.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727; 1993, c. 278; 1994, c. 676; 1999, c. 166; 2006, c. 416; 2007, c. 98.

The maximum speed limit shall be fifty-five miles per hour on any highway having a posted speed limit of fifty-five miles or more per hour if the vehicle or combination of vehicles is operating under a special permit issued by the Commissioner in accordance with § 46.2-1139 or § 46.2-1149.2. The Commissioner may, however, further reduce the speed limit on any permit issued in accordance with § 46.2-1139.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727; 1995, c. 113; 1996, cc. 36, 87; 1998, c. 439.

A. For the purposes of this section, "school crossing zone" means an area located within the vicinity of a school at or near a highway where the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. Such zones are marked and operated in accordance with the requirements of this section with appropriate warning signs or other traffic control devices indicating that a school crossing is in progress.

B. The maximum speed limit shall be 25 miles per hour between portable signs, tilt-over signs, or fixed blinking signs placed in or along any highway and bearing the word "school" or "school crossing." Any signs erected under this section shall be placed not more than 750 feet from the limits of the school property or crossing in the vicinity of the school. However, "school crossing" signs may be placed in any location if the Department of Transportation or the council of the city or town or the board of supervisors of a county maintaining its own system of secondary roads approves the crossing for such signs. If the portion of the highway to be posted is within the limits of a city or town, such portable signs shall be furnished and delivered by such city or town. If the portion of highway to be posted is outside the limits of a city or town, such portable signs shall be furnished and delivered by the Department of Transportation. The principal or chief administrative officer of each school or a school board designee, preferably not a classroom teacher, shall place such portable signs in the highway at a point not more than 750 feet from the limits of the school property and remove such signs when their presence is no longer required by this section. Such portable signs, tilt-over signs, or fixed blinking signs shall be placed in a position plainly visible to vehicular traffic approaching from either direction, but shall not be placed so as to obstruct the roadway.

C. Such portable signs, tilt-over signs, or blinking signs shall be in a position, or be turned on, for 30 minutes preceding regular school hours, for 30 minutes thereafter, and during such other times as the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. The governing body of any county, city, or town may, however, decrease the period of time preceding and following regular school hours during which such portable signs, tilt-over signs, or blinking signs shall be in position or lit if it determines that no children will be going to or from school during the period of time that it subtracts from the 30-minute period. Additionally, the governing body of any county, city, or town may, by ordinance, increase the period of time preceding and following regular school hours during which such portable signs, tilt-over signs, or blinking signs shall be in position or lit to a maximum of 60 minutes if it determines that children will be going to or from school during that period of time.

D. The governing body of any city or town may, if the portion of the highway to be posted is within the limits of such city or town, increase or decrease the speed limit provided in this section only after justification for such increase or decrease has been shown by an engineering and traffic investigation, and no such increase or decrease in speed limit shall be effective unless such increased or decreased speed limit is conspicuously posted on the portable signs, tilt-over signs, or fixed blinking signs required by this section.

E. The governing body of a county within Planning District 8 may, if the portion of the highway to be posted is within the limits of such county, increase or decrease the speed limit provided in this section only after justification for such increase or decrease has been shown by an engineering and traffic investigation, and no such increase or decrease in speed limit shall be effective unless such increased or decreased speed limit is conspicuously posted on the portable signs, tilt-over signs, or fixed blinking signs required by this section.

F. The City of Virginia Beach may establish school zones as provided in this section and mark such zones with flashing warning lights as provided in this section on and along all highways adjacent to Route 58.

G. Any person operating any motor vehicle in excess of a maximum speed limit established specifically for a school crossing zone when such school crossing zone is (i) indicated by appropriately placed signs displaying the maximum speed limit and (ii) in operation pursuant to subsection B shall be guilty of a traffic infraction punishable by a fine of not more than $250, in addition to other penalties provided by law.

H. Notwithstanding the foregoing provisions of this section, the maximum speed limit in school zones in residential areas may be decreased to 15 miles per hour if (i) the school board having jurisdiction over the school nearest to the affected school zone passes a resolution requesting the reduction of the maximum speed limit for such school zone from 25 miles per hour to 15 miles per hour and (ii) the local governing body of the jurisdiction in which such school is located enacts an ordinance establishing the speed-limit reduction requested by the school board.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727; 1990, c. 928; 1994, c. 157; 1997, cc. 629, 781; 2007, c. 813; 2015, cc. 459, 460; 2023, c. 84; 2026, c. 337.

The maximum speed limit on nonsurface-treated highways, which are roads that are comprised of an earth-aggregate or aggregate surface (i.e., dirt and gravel) that have not been stabilized with a bituminous or cementitious material, shall be 35 miles per hour. The maximum speed limit upon such highways may be increased or decreased by the Commissioner of Highways or other authority having jurisdiction over highways. However, such increased or decreased maximum speed limit shall be effective only when indicated by sign on the highway. For such highways upon which maximum speed limit is not indicated by sign, the maximum speed limit shall be 35 miles per hour.

2000, c. 262; 2004, c. 719; 2005, cc. 239, 804; 2009, c. 74; 2010, cc. 19, 48; 2011, c. 29; 2012, c. 207; 2014, cc. 80, 261.

The maximum speed limit on any highway designated a rural rustic road pursuant to § 33.2-332 shall be 35 miles per hour; however, all speed limits on rural rustic roads in effect on July 1, 2008, shall remain in effect unless and until changed subsequent to a traffic engineering study.

2008, c. 165.

The maximum speed shall be 25 miles per hour on highways in business or residence districts, except on interstate or other limited access highways with divided roadways or nonlimited access highways having four or more lanes and all state primary highways. The speed limit on all nonlimited access highways having four or more lanes and all state primary highways shall remain as indicated by signs posted prior to July 1, 2005, unless changed as provided by law.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727; 2005, c. 310.

A. The governing body of any town with a population between 14,000 and 15,000 may by ordinance (i) prohibit the operation of a motor vehicle at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit in a residence district and (ii) provide that any person who violates the prohibition shall be subject to a mandatory civil penalty of $100, not subject to suspension.

B. The governing body of the City of Falls Church, or the City of Manassas may by ordinance (i) prohibit the operation of a motor vehicle at a speed of fifteen miles per hour or more in excess of the applicable maximum speed limit in a residence district, as defined in § 46.2-100 of the Code of Virginia, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, and (ii) provide that any person who violates the prohibition shall be subject to a civil penalty of $100, in addition to other penalty provided by law.

1999, c. 865; 2000, c. 957; 2007, c. 813.

The maximum speed limit shall be 35 miles per hour on highways in any city or town, except on interstate or other limited access highways with divided roadways and in business or residence districts. However, municipalities that maintain their own roads may increase or decrease speed limits on highways over which they have jurisdiction following appropriate traffic engineering investigation.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727; 2011, c. 182.

The maximum speed limit for passenger motor vehicles while towing utility, camping, or boat trailers not exceeding an actual gross weight of 2,500 pounds shall be the same as that for passenger motor vehicles.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727.

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

Whenever the Commissioner of Highways or local authorities within their respective jurisdictions determine on the basis of a traffic engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Commissioner or such local authority may determine and declare a minimum speed limit to be set forth on signs posted on such highway below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727.

A. Notwithstanding the other provisions of this article, and except as otherwise provided in subdivision A 4 of § 46.2-1300, the Commissioner of Highways or other authority having jurisdiction over highways may decrease the speed limits set forth in § 46.2-870 and may increase or decrease the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under its jurisdiction and may establish differentiated speed limits for daytime and nighttime by decreasing for nighttime driving the speed limits set forth in § 46.2-870 and by increasing for daytime or decreasing for nighttime the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under his jurisdiction. Such increased or decreased speed limits and such differentiated speed limits for daytime and nighttime driving shall be effective only when prescribed after a traffic engineering investigation and when indicated on the highway by signs. It is unlawful to operate any motor vehicle in excess of speed limits established and posted as provided in this section. The increased or decreased speed limits over highways under the control of the Commissioner of Highways shall be effective only when prescribed in writing by the Commissioner of Highways and kept on file in the Central Office of the Department of Transportation. Whenever the speed limit on any highway has been increased or decreased or a differential speed limit has been established and such speed limit is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with the provisions of this section.

B. Notwithstanding any other provision of this article, including the provisions of subsection A, the governing body of any town located entirely within the confines of a United States military base may by ordinance reduce the speed limit to less than 25 miles per hour on any highway within its boundaries, provided such reduced speed limit is indicated by lawfully placed signs.

C. If the Commissioner of Highways increases or decreases a speed limit as provided in this section, the Department of Transportation shall notify the primary liaison with the Department of Transportation in each locality in which such speed limit change will occur. If such speed limit change will occur in a town, the Department of Transportation shall notify the primary liaison in the town and the primary liaison in the county in which the town is located. If such speed limit change will occur in a community subject to the Property Owners' Association Act (§ 55.1-1800 et seq.) or the Virginia Condominium Act (§ 55.1-1900 et seq.), the locality shall also notify the relevant board of directors, as defined in § 55.1-1800, or executive board, as defined in § 55.1-1900, respectively. Any notice sent to a locality, board of directors, or executive board as required in this subsection shall include the location where the speed limit change will occur, the effective speed limit change date, the new speed limit, and the reason for the speed limit change. Failure to comply with any provision of this subsection shall not affect the change in speed limit.

Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, § 46.1-193; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1989, c. 727; 1990, c. 779; 1993, c. 98; 2013, c. 303; 2024, cc. 272, 842.

Operation of any motor vehicle in excess of a maximum speed limit established specifically for a highway work zone, when workers are present and when such highway work zone is indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of not more than $500.

For the purposes of this section, "highway work zone" means a construction or maintenance area that is located on or beside a highway and marked by appropriate warning signs and, for projects covered by contracts entered into on or after July 1, 2012, with attached flashing lights or other traffic control devices indicating that work is in progress.

Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of any motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb, or property.

1992, c. 462; 1995, c. 54; 2003, c. 839; 2012, c. 397.

Operation of any motor vehicle in excess of a maximum speed limit established for a highway in a residence district of a county, city, or town, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of $200, in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders 20 hours of community service. The Commissioner of Highways or any local governing body having jurisdiction over highways shall develop criteria for the overall applicability for the installation of signs. Such criteria shall not exclude highways, functionally classified as minor arterials, serving areas that either (i) were built as residential developments or (ii) have grown to resemble residential developments, provided, in either case, (a) such highways are experiencing documented speeding problems and (b) the local governing body requests the application of this section to such highway. Such signs may be installed in any town and shall not require the approval of the county within which such town is located. Any such signs installed in any town shall be paid for by the town requesting the installation of the signs, or out of the county's secondary system construction allocation.

1996, c. 172; 1999, c. 87; 2002, c. 882; 2004, c. 350; 2006, c. 547; 2013, cc. 585, 646.

Operation of any motor vehicle in excess of the maximum speed limit established for U.S. Route 15 and U.S. Route 17 in Fauquier County, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and shall constitute a traffic infraction punishable by a fine of $15, in addition to other penalties provided by law. Subject to the issuance of a permit by the Commissioner of Highways, the county may, at its own expense, install and maintain such signs.

2020, c. 892.

Except as otherwise provided in this section, the Traffic Infractions and Uniform Fine Schedule adopted by the Supreme Court for prepayment of fines shall, in all instances where prepayment of a fine is permitted, include a fine of $6 per mile-per-hour in excess of posted speed limits provided for in this article. However, such Traffic Infractions and Uniform Fine Schedule shall include a fine of $7 per mile-per-hour in excess of posted speed limits for a violation of §§ 46.2-873 and 46.2-878.1 and $8 per mile-per-hour in excess of posted speed limits for a violation of § 46.2-878.2. Any person who drives a motor vehicle at a speed in excess of 80 miles per hour but below 86 miles per hour on any highway in the Commonwealth having a maximum speed limit of 65 miles per hour shall be subject to an additional fine of $100.

2003, c. 838; 2010, c. 874; 2011, c. 890; 2020, cc. 444, 445.

No person shall be convicted of a violation of a statute or an ordinance enacted by local authorities pursuant to the provisions of § 46.2-1300 decreasing the speed limit established in this article when such person has exceeded the speed limit in an area where the speed limit has been decreased unless such area is clearly indicated by a conspicuous marker at the termini of such area.

Code 1950, § 46-212.1; 1954, c. 643; 1958, c. 541, § 46.1-194; 1962, c. 307; 1989, c. 727.

All courts shall take notice of the following tables of speed and stopping distances of motor vehicles, which shall not raise a presumption, in actions in which inquiry thereon is pertinent to the issues:

The courts shall further take notice that the above table has been constructed, using scientific reasoning, to provide factfinders with an average baseline for motor vehicle stopping distances: (1) for a vehicle in good condition and (2) on a level, dry stretch of highway, free from loose material.

Deviations from these circumstances do not negate the usefulness of the table, but rather call for additional site-specific examination and/or explanation.

Site-specific research may be utilized under any circumstances.

Code 1950, § 46-212.2; 1956, c. 600; 1958, c. 541, § 46.1-195; 1989, c. 727; 2001, c. 145; 2003, c. 277.

It shall be unlawful to drive any motor vehicle, trailer, or semitrailer on any public bridge, causeway, viaduct, or in any tunnel, or on any interstate at a speed exceeding that indicated as a maximum by signs posted thereon or at its approach by or on the authority of the Commissioner of Highways.

The Commissioner of Highways, on request or on his own initiative, may conduct an investigation of any public bridge, causeway, viaduct, tunnel, or interstate and, on the basis of his findings, may set the maximum speed of vehicles which such structure or roadway can withstand or which is necessitated in consideration of the benefit and safety of the traveling public and the safety of the structure or roadway. The Commissioner of Highways is expressly authorized to establish and indicate variable speed limits on such structures or roadways to be effective under such conditions as would in his judgment, warrant such variable limits, including but not limited to darkness, traffic conditions, atmospheric conditions, weather, emergencies, and like conditions which may affect driving safety. Any speed limits, whether fixed or variable, shall be prominently posted in such proximity to such structure or roadway as deemed appropriate by the Commissioner of Highways. The findings of the Commissioner shall be conclusive evidence of the maximum safe speed which can be maintained on such structure or roadway.

Code 1950, § 46-215; 1958, c. 541, § 46.1-196; 1966, c. 85; 1977, c. 259; 1989, c. 727; 2006, c. 139.

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.

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.

A. For the purposes of this section:

"High-risk intersection segment" 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.

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

"National Park highway" means any highway within Planning District 8 that is located on property where the Commonwealth has transferred such property to the federal government subject to concurrent jurisdiction pursuant to Chapter 4 (§ 1-400 et seq.) of Title 1 or Chapter 494 of the Acts of Assembly of 1926 and such highway is maintained by the National Park Service.

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

"Operating costs" means the costs attributable to a locality's photo speed monitoring device program, including costs for (i) devices and associated equipment, including the installation and operation of such devices and equipment; (ii) signs and speed display signs indicating the use of a photo speed monitoring device; (iii) contracts with private vendors; and (iv) personnel costs.

"Pedestrian crossing violation" means a violation of this title resulting from the operation of a vehicle in violation of § 46.2-924.

"Pedestrian crossing violation monitoring system" means equipment that produces one or more photographs, micrographs, videotapes, or other recorded images of pedestrian crossing violations.

"Retired sworn law-enforcement officer" 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.

"Safety red zone" means a highway with a speed limit of 45 miles per hour or less that is located in a priority pedestrian corridor as identified by the Department of Transportation in the statewide Pedestrian Safety Action Plan or other high-risk pedestrian corridor as designated by the Commissioner of Highways.

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

"Speed display sign" means a self-contained system that uses radar or LIDAR-based speed detection to measure the real-time speed of an approaching vehicle and displays that speed to the driver.

"Stop sign violation" means a violation of this title resulting from the operation of a vehicle in violation of a stop sign placed in accordance with § 46.2-830, including a violation of § 46.2-821 or 46.2-833.1."Stop sign violation" does not include violations of traffic light signals, traffic control devices other than stop signs, or speed limits.

"Stop sign violation monitoring system" means equipment that produces one or more photographs, micrographs, videotapes, or other recorded images of stop sign violations.

"Vehicle speed violation" means a violation of this title resulting from the operation of a vehicle in excess of the speed limit, including a violation of § 46.2-102.1, 46.2-873, or 46.2-878.1.

"Workers are present" means one or more individuals are physically present and providing highway maintenance or construction services pursuant to a contract with the Department of Transportation or a political subdivision of the Commonwealth.

B. 1. 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 § 46.2-873 and, when workers are present, in highway work zones for the purposes of recording violations of § 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.

A state or local law-enforcement agency may place and operate in school crossing zones or highway work zones (i) a pedestrian crossing violation monitoring system for purposes of recording pedestrian crossing violations and (ii) a stop sign violation monitoring system for purposes of recording stop sign violations.

A state or local law-enforcement agency may place and operate a photo speed monitoring device on a National Park highway for the purpose of recording vehicle speed violations, pursuant to § 46.2-102.1, provided that such law-enforcement agency has been authorized by the federal government or the National Park Service to place such photo speed monitoring device on such National Park highway.

No law-enforcement agency shall place and operate a speed safety camera in a location other than a school crossing zone, highway work zone, high-risk speed corridor, or National Parkway without the approval by ordinance of the local governing body as provided in subdivision 2.

2. The governing body of any locality in Planning District 8 may also provide by ordinance for the placement and operation of a speed safety camera by a law-enforcement agency in a safety red zone located within such locality for the purpose of recording vehicle speed violations in such safety red zone. The Commissioner of Highways shall develop criteria for designating a highway segment as a high-risk pedestrian corridor for purposes of identifying safety red zones.

C. The operator of a vehicle shall be liable for a monetary civil penalty imposed pursuant to this section if such vehicle is found, (i) 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; (ii) as evidenced by information obtained from a pedestrian crossing violation monitoring system, to have committed a pedestrian crossing violation; or (iii) as evidenced by information obtained from a stop sign violation monitoring system, to have committed a stop sign violation. However, no person shall be liable for a monetary civil penalty pursuant to this subsection for any violation in a highway work zone unless workers are present at the time of such violation. 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 to be used for its photo speed monitoring device program, pedestrian crossing violation monitoring system program, or a stop sign violation monitoring system program. Any funds in excess of those allocated for such purposes shall be deposited in a local fund used solely for planning, design and construction, implementation, administration, and operation of initiatives, projects, or programs that improve traffic safety, speed management, bicycle and pedestrian safety, public transit, and local systemic safety initiatives otherwise eligible for funding through the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373. Any such excess funds shall first be used for such purposes in highway work zones, high-risk intersection segments, school crossing zones, or safety red zones prior to being used for such purposes in any other area. Civil penalties collected under this section resulting from a summons issued after July 1, 2026, by a law-enforcement officer or retired sworn law-enforcement officer employed by the Department of State Police shall be paid to the Department of State Police to be deposited in a fund used solely for the payment of the agreed-upon compensation and actual program costs incurred by the Department of State Police in placing and operating such photo speed monitoring devices, pedestrian crossing violation monitoring systems, or stop sign violation monitoring systems, except that any excess moneys in such fund shall be paid to the Commonwealth Transportation Board to be used for the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373. However, all civil penalties collected under this section resulting from a summons issued based on evidence obtained from a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system 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 § 33.2-373.

D. (Effective until July 1, 2027) If a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system is used, proof of a vehicle speed violation, pedestrian crossing violation, or stop sign violation, respectively, shall be evidenced by information obtained from such device. A certificate, or a facsimile thereof, sworn to or affirmed by a law-enforcement officer, retired sworn law-enforcement officer, registered special conservator of the peace, or technician, who (i) has completed a training course developed and approved pursuant to subdivision 73 of § 9.1-102 and (ii) is an employee of a locality, based upon inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, 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 § 46.2-873, at the time of such vehicle speed violation. However, for any photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system placed in a highway work zone, such sworn certificate or facsimile thereof shall not be prima facie evidence of the facts contained therein unless the operator of the photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, respectively, provides a sworn certification verifying that workers were present at the time of such 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, pedestrian crossing violation, or stop sign violation.

D. (Effective July 1, 2027) If a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system is used, proof of a vehicle speed violation, pedestrian crossing violation, or stop sign violation, respectively, 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, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, 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 § 46.2-873, at the time of such vehicle speed violation. However, for any photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system placed in a highway work zone, such sworn certificate or facsimile thereof shall not be prima facie evidence of the facts contained therein unless the operator of the photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, respectively, provides a sworn certification verifying that workers were present at the time of such 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, pedestrian crossing violation, or stop sign violation.

E. In the prosecution for a vehicle speed violation, pedestrian crossing violation, or stop sign 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, pedestrian crossing violation, or stop sign 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, pedestrian crossing violation, or stop sign 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's driving record and used for insurance purposes in the provision of motor vehicle insurance coverage.

G. 1. (Effective January 1, 2027) The Supreme Court of Virginia shall develop a summons for purposes of this section. Every summons issued pursuant to this section shall be such a summons.

2. A summons for a vehicle speed violation, pedestrian crossing violation, or stop sign violation issued by mail pursuant to this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of § 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'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. Every such mailing shall also include an explanation of and any information necessary for the process of contesting such an alleged violation and payment of a civil penalty. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, notwithstanding the provisions of § 19.2-76.3, a second summons shall be mailed pursuant to this section. If such person fails to appear on the date of return set out in the second summons mailed pursuant to this section, the court shall notify the Commissioner, who shall refuse to issue or renew the vehicle registration certificate or the license plate issued for such vehicle in the manner described in § 46.2-819.10, mutatis mutandis, until the civil penalties imposed pursuant to subsection C and any administrative fees have been paid. The date of return set out in the second summons mailed pursuant to this section shall be no fewer than 30 days from the mailing of such second summons. 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 summonses are 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 second summons mailed pursuant to this section, the summons will be eligible for all legal collections activities. Any summons executed for a vehicle speed violation, pedestrian crossing violation, or stop sign 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, pedestrian crossing violation, or stop sign violation, respectively, in connection with the violation, including proof of calibration of a photo speed monitoring device used to record an alleged vehicle speed violation if the citation is contested. If the law-enforcement agency that was operating the photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system does not execute a summons for a vehicle speed violation, pedestrian crossing violation, or stop sign violation, respectively, 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. (Effective until July 1, 2027) A private vendor may enter into an agreement with a law-enforcement agency to be compensated for providing a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system 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 such agreement for compensation shall provide that if such private vendor is responsible for mailing a summons pursuant to this section, such private vendor shall not impose or collect any additional fee, including any administrative fee, and shall only collect a civil penalty as authorized pursuant to this section, except that a reasonable postage and convenience fee for electronic payment of the civil penalty, not to exceed five percent of the civil penalty, may be imposed and collected. 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 § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that committed a vehicle speed violation, pedestrian crossing violation, or stop sign violation. Any such information provided to such private vendor shall be protected in a database. Any such private vendor providing a photo speed monitoring device that is also compensated for the calibration of such device shall calibrate such device in the same manner and to the same specifications as all other devices determining speed, to the extent that such devices utilize the same method of speed detection as such photo speed monitoring device, that are used by the law-enforcement agency with which such vendor has entered into an agreement. Upon request of any person who received a summons by mail for a vehicle speed violation recorded by a photo speed monitoring device provided by such a private vendor and who contests such citation, such private vendor shall deliver proof of calibration of such photo speed monitoring device for the time period in which the alleged violation was recorded to such person and to the court in which such citation is to be contested. If such proof of calibration is delivered by mail, it shall be postmarked within 10 days of such request for such proof of calibration, and if such proof of calibration is electronically delivered, it shall be electronically delivered within 10 days of such request for such proof of calibration. Such summons shall include notice of such person's right to request such proof of calibration. Any private vendor that fails to provide such proof of calibration within the time specified shall be subject to a civil penalty of $1,000. All civil penalties received pursuant to this subsection shall be paid to the Commonwealth Transportation Board to be used for the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373.

H (Effective July 1, 2027) A private vendor may enter into an agreement with a law-enforcement agency to be compensated for providing a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system and all related support services, including consulting, operations, and administration. However, only a law-enforcement officer, retired sworn law-enforcement officer, retired sworn law-enforcement officer, registered special conservator of the peace, or technician, who (i) has completed a training course developed and approved pursuant to subdivision 73 of § 9.1-102 and (ii) is an employee of a locality 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 such agreement for compensation shall provide that if such private vendor is responsible for mailing a summons pursuant to this section, such private vendor shall not impose or collect any additional fee, including any administrative fee, and shall only collect a civil penalty as authorized pursuant to this section, except that a reasonable postage and convenience fee for electronic payment of the civil penalty, not to exceed five percent of the civil penalty, may be imposed and collected. 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 § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that committed a vehicle speed violation, pedestrian crossing violation, or stop sign violation. Any such information provided to such private vendor shall be protected in a database. Any such private vendor providing a photo speed monitoring device that is also compensated for the calibration of such device shall calibrate such device in the same manner and to the same specifications as all other devices determining speed, to the extent that such devices utilize the same method of speed detection as such photo speed monitoring device, that are used by the law-enforcement agency with which such vendor has entered into an agreement. Upon request of any person who received a summons by mail for a vehicle speed violation recorded by a photo speed monitoring device provided by such a private vendor and who contests such citation, such private vendor shall deliver proof of calibration of such photo speed monitoring device for the time period in which the alleged violation was recorded to such person and to the court in which such citation is to be contested. If such proof of calibration is delivered by mail, it shall be postmarked within 10 days of such request for such proof of calibration, and if such proof of calibration is electronically delivered, it shall be electronically delivered within 10 days of such request for such proof of calibration. Such summons shall include notice of such person's right to request such proof of calibration. Any private vendor that fails to provide such proof of calibration within the time specified shall be subject to a civil penalty of $1,000. All civil penalties received pursuant to this subsection shall be paid to the Commonwealth Transportation Board to be used for the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373.

I. Information collected by a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system operated pursuant to this section shall be limited exclusively to that information that is necessary for the enforcement of vehicle speed violations, pedestrian crossing violations, or stop sign violations, respectively. Information provided to the operator of a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system shall be protected in a database and used only for enforcement of vehicle speed violations, pedestrian crossing violations, or stop sign 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, pedestrian crossing violation monitoring system, or stop sign violation monitoring system shall be used exclusively for enforcing vehicle speed violations, pedestrian crossing violations, or stop sign violations, respectively, 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, pedestrian crossing violation, or stop sign violation, respectively, 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, pedestrian crossing violation, or stop sign violation, respectively, 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 21 days after the date of its capture in such a manner that such data is destroyed and not recoverable by either a private vendor or the law-enforcement agency, except that when a summons is issued for a violation, such information may be retained until the collection of any civil penalties or the final disposition of any civil matter related to the information. A law-enforcement agency or private vendor using such a database shall maintain records sufficient to facilitate reporting as required by this section. Any law-enforcement agency using a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system 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. (Effective until July 1, 2027) A conspicuous sign shall be placed within 1,000 feet of any school crossing zone, highway work zone, high-risk intersection segment, safety red zone, or National Park highway at which a photo speed monitoring device is used, indicating the use of the device. At least two conspicuous signs shall be placed within 1,000 feet of any school crossing zone, highway work zone, or high-risk intersection segment at which a pedestrian crossing violation monitoring system or stop sign violation monitoring system is used, indicating the use of the system. There is a rebuttable presumption that such sign was in place at the time of the commission of the vehicle speed violation, pedestrian crossing violation, or stop sign violation, respectively.

J. (Effective July 1, 2027) At least two conspicuous signs shall be placed from any direction within 1,000 feet of any school crossing zone, highway work zone, high-risk intersection segment, safety red zone, or National Park highway at which a photo speed monitoring device is used, indicating the use of the device. At least one of such signs shall be a speed display sign. At least two conspicuous signs shall be placed within 1,000 feet of any school crossing zone, highway work zone, or high-risk intersection segment at which a pedestrian crossing violation monitoring system or stop sign violation monitoring system is used, indicating the use of the system. There is a rebuttable presumption that such sign was in place at the time of the commission of the vehicle speed violation, pedestrian crossing violation, or stop sign violation, respectively.

K. Any state or local law-enforcement agency that places and operates a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system 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 November 15 of each year on the number of traffic violations prosecuted; the number of successful prosecutions; the operating costs of the use of such photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system; and the total amount of monetary civil penalties collected. Any such local law-enforcement agency shall also report to the Department of State Police, in a format to be determined by the Department of State Police, by November 15 of each year on (i) the projects and initiatives funded by moneys in the local fund created pursuant to subsection C, (ii) the change in number of summonses issued over the course of the reporting period relative to the prior reporting periods, (iii) the number of unsuccessful prosecutions and dismissed summons, and (iv) the percentage of vehicles that receive a summons pursuant to this section relative to the total vehicle throughput. The Department of State Police shall aggregate such information and report it to the General Assembly by December 15 of each year and make such information publicly available on its website.

L. Any state or local law-enforcement agency that places and operates a photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system pursuant to the provisions of this section shall develop an emergency action plan for addressing issues with such photo speed monitoring devices, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, including system malfunctions. Such law-enforcement agency shall follow current guidance published by the U.S. Department of Transportation regarding the use of photo speed monitoring devices, pedestrian crossing violation monitoring systems, or stop sign violation monitoring systems. Such law-enforcement agency shall annually review its use of photo speed monitoring devices, pedestrian crossing violation monitoring systems, or stop sign violation monitoring systems to ensure effective distribution of such devices to properly address safety needs and address racial, economic, and other equity issues and public concerns.

M. Any state or local law-enforcement agency that places and operates a photo speed monitoring device pursuant to the provisions of this section shall, on its website and social media accounts, (i) provide information regarding procedures for contesting an alleged vehicle speed violation, pedestrian crossing violation, or stop sign violation, as applicable, and the process for paying the civil penalty for such an alleged violation; (ii) establish a method for answering questions related to such photo speed monitoring device, pedestrian crossing violation monitoring system, or stop sign violation monitoring system; and (iii) publicize any changes to the use of photo speed monitoring devices, pedestrian crossing violation monitoring systems, or stop sign violation monitoring systems, including the locations of new photo speed monitoring devices, pedestrian crossing violation monitoring systems, or stop sign violation monitoring systems and the highway work zones, high-risk intersection segments, school crossing zones, or safety red zones in which they are placed. Such requirement shall be satisfied if the state or local law-enforcement agency provides a link on its website and social media accounts to the website of the private vendor with which it has entered into an agreement pursuant to subsection H, provided that such website satisfies the requirements of clauses (i), (ii), and (iii).

N. For any new photo speed monitoring device placed and operated after July 1, 2026, for the first 30 days of its operation, the law-enforcement agency shall issue a warning by mail instead of a summons for an alleged vehicle speed violation, pedestrian crossing violation, or stop sign violation, respectively, and assess no civil penalty for such violation. Nothing in this subsection shall be construed to prevent a law-enforcement officer who uses a photo speed monitoring device to record a vehicle speed violation from personally issuing a summons at the time of the violation.

O. Nothing in this section shall be construed to affect the funding of or investment in any project initiated by a locality prior to July 1, 2026.

P. Prior to implementing or expanding the use of a pedestrian crossing violation monitoring system or stop sign violation monitoring system in a locality, the local law-enforcement agency shall conduct a public awareness program to advise the public that such local law-enforcement agency is implementing or expanding such pedestrian crossing violation monitoring system or stop sign violation monitoring system.

Q. For any summons issued pursuant to this section, failure to comply with the provisions of this section shall render such summons invalid and the court shall dismiss such summons.

2020, c. 1232; 2024, c. 670; 2025, cc. 434, 670; 2026, cc. 963, 964, 965, 967, 968, 969, 970, 986, 1033.

A. Notwithstanding any other provision of law, general or special, any person against whom an enforcement action is carried out by a locality or law-enforcement agency, pursuant to the authority granted in § 46.2-882.1, where the enforcement action was based upon a willful disregard for applicable law, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to carry out any further enforcement in a manner consistent with the law and may be entitled to reasonable attorney fees and court costs. The total amount of compensatory damages recoverable in any action brought pursuant to this section shall not exceed the amount of the civil penalty assessed against the plaintiff in the underlying enforcement action.

B. The court may order that the locality shall be ineligible to receive any funds collected pursuant to subsection C of § 46.2-882.1, in excess of those used for its photo speed monitoring device program, upon a finding by any court of the Commonwealth that such locality is failing to comply with the order issued pursuant to subsection A. Upon such a finding, the court shall declare that any such funds shall be deposited in the Virginia Highway Safety Improvement Program, established pursuant to § 33.2-373, until the locality comes into compliance with such order.

C. Any action brought pursuant to this section may be filed with the general district court having jurisdiction of the locality, and the court shall hear and determine the case as soon as practicable. A locality may appeal any final judgment of the general district court in accordance with the procedural requirements of § 16.1-106. Nothing in this section shall be construed to abrogate a claim of qualified immunity.

2026, cc. 964, 969.

Signs to indicate the legal rate of speed and that the speed of motor vehicles may be measured by radar or other electrical devices shall be placed at or near the State boundary on those interstate and primary highways which connect the Commonwealth to other jurisdictions at such locations as the Commissioner of Highways, in his discretion, may select. There shall be a prima facie presumption that such signs were placed at the time of the commission of the offense of exceeding the legal rate of speed, and a certificate by the Commissioner of Highways as to the placing of such signs shall be admissible in evidence to support or rebut the presumption. Such legal rate of speed and notice of measurement of speed by radar or other electrical devices may be posted on different signs and need not be posted on the same sign.

1968, c. 497, § 46.1-198.2; 1989, c. 727.