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2000 SESSION
005498748Be 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. 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 Neither State Police officers nor local law-enforcement
officers shallnot have the authority to use laser speed detection devices,
radar, or microcomputer devices as described herein in airplanes or helicopters for the
purpose of determining the speed of motor vehicles.
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) counties
having populations of at least 79,000 but less than 86,000, (iii) 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) (iv) 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 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.