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Developed and maintained by the Division of Legislative Automated Systems.
2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-882 of the Code of Virginia is amended and reenacted as follows:
§ 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 detection determination device, (ii) radar, or (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 § 33.1-48. 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 detection determination device,
radar, or microcomputer 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 the
speedometer of any vehicle or of any tuning fork employed in calibrating or
testing the 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 device shall be valid for longer than six 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 detection 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
detection 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.
Law-enforcement officers shall not have the authority to use laser speed
detection determination devices, or radar, or microcomputer devices 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; (i) counties having populations of at least 85,000 but less than 150,000
and towns within such counties; (ii) towns having populations of at least
14,000 but less than 15,000 and located within a county operating under the
urban county executive form of government; and (iii) counties having the county
manager form of government may use laser speed detection determination devices
to measure speed. Any county, city or town located within the boundaries of Planning District No. 8
may use laser speed detection determination devices, radar, or both to measure
speed. 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 § 2.1-446, 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.
The Department of State Police shall acquire no more than two microcomputer
devices as described herein. Law-enforcement officers utilizing using motor
vehicle-based microcomputer devices or laser speed detection determination
devices as provided for in this section shall, on request of any affected motorist, permit such motorist to
observe the reading on the device. Nothing in this section, however, shall
require any law-enforcement officer to allow affected motorists to observe any
reading on any microcomputer device on any airplane or helicopter.