Virginia Law

A. For the purposes of this section:

"Exhaust system violation" means the operation of a passenger car or a commercial motor vehicle, as that term is defined in § 46.2-341.4, that has an exhaust system that emits noise in excess of 95 A-weighted decibels (dBA) or is in violation of a local ordinance enacted pursuant to § 46.2-1051.

"Noise abatement monitoring system" means a mobile or fixed motor vehicle sensor equipped with a noise measuring device that, when such noise measuring device is activated, automatically produces two or more photographs or microphotographs, videotapes, or other recorded images of a motor vehicle.

"Noise measuring device" means an electronic device that (i) uses automated equipment that activates when the sound level exceeds the maximum sound level limits established by state law, (ii) records audio when activated, (iii) records decibel levels when activated, and (iv) allows the operator of a noise abatement monitoring system to manually review recorded audio to ensure an exhaust system violation has occurred.

B. The local governing body of any county or city in Planning District 8, Planning District 9, or Planning District 15 may place and operate noise abatement monitoring systems on any highway located in the locality for the purpose of recording and enforcing exhaust system violations.

C. The operator of a vehicle shall be liable for a monetary civil penalty imposed pursuant to this section if such operator is found, as evidenced by information obtained from a noise abatement monitoring device, to have committed an exhaust system 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 shall be paid to the locality in which such violation occurred and used for the cost of administering the noise abatement monitoring system program and for transportation safety initiatives. However, a locality may exempt from the provisions of this section vehicles used for agricultural, horticultural, or forestry purposes as demonstrated by vehicle license plates.

D. If a noise abatement monitoring system is used, proof of an exhaust system violation 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 such noise abatement monitoring system, 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 exhaust system violation.

E. In the prosecution for an exhaust system 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 an exhaust system 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 exhaust system 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 civil 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.

G. A summons for an exhaust system 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, (i) a notice of 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. 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 an exhaust system 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 the noise abatement monitoring system in connection with the violation. If the law-enforcement agency that was operating the noise abatement monitoring system does not execute a summons for an exhaust system violation 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. A private vendor may enter into an agreement with a locality to be compensated for providing a noise abatement monitoring system and all related support services, including consulting, operations, and administration. However, only a 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 private vendor contracting with 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 exhaust system violations. Any such information provided to such private vendor shall be protected in a database.

I. Information collected by a noise abatement monitoring system operated pursuant to this section shall be limited exclusively to that information that is necessary for the enforcement of exhaust system violations. Information provided to the operator of a noise abatement monitoring system shall be protected in a database and used only for enforcement of exhaust system violations and 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 noise abatement monitoring system shall be used exclusively for enforcing exhaust system violations 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 an exhaust system violation 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 an exhaust system violation 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 later than 60 days after the collection of any civil penalties. Any locality using noise abatement monitoring systems shall annually certify compliance with this section and make all records pertaining to such systems 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. A conspicuous sign shall be placed within 1,000 feet of any noise abatement monitoring system, 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 exhaust system violation. Additionally, the locality in which the noise abatement monitoring systems are operated shall post the locations of all such systems on the official website of such locality.

K. Any locality that places and operates a noise abatement monitoring system pursuant to the provisions of this section shall report on its public website by January 15 of each year the number of exhaust system violations prosecuted, the number of successful prosecutions, and the total amount of monetary civil penalties collected.

2026, c. 56.