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2015 SESSION
15100747DBe it enacted by the General Assembly of Virginia:
1. That §§ 15.2-968.1 and 19.2-76.2 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals.
A. The governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each such locality may install and operate traffic light signal photo-monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within each county, city, or town, whichever is greater, at any one time.
B. The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal within such locality.
C. Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section.
D. In the prosecution for a violation of any local ordinance
adopted as provided in this section, prima facie evidence that the vehicle
described in the notice of violation
or summons issued pursuant to
this section was operated in violation of such ordinance, 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 or
(ii) testifies in open court under oath that he was not the operator of 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
violation of this section, is presented, prior to the return date established
on the summons issued pursuant to this section, to the court adjudicating the
alleged violation.
E. For purposes of this section, "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2-833, 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection.
F. Imposition of a penalty pursuant to this section 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. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs.
G. A summons for a
violation of this section may be executed pursuant to § 19.2-76.2.
Notwithstanding the provisions of § 19.2-76, a summons notice of violation for a
violation of this section may
be executed by mailing
shall be mailed by first class mail a copy
thereof to the owner, lessee, or renter of the vehicle by the operator of a traffic light signal
violation monitoring system. In the case of a vehicle
owner, the copy notice of violation shall
be mailed to the address contained in the records of the Department of Motor
Vehicles; in the case of a vehicle lessee or renter, the copy
notice of
violation 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
notice of violation, 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 this subsection D and (ii) instructions for
filing such affidavit, including the address to which the affidavit is to be
sent. Any notice of violation shall
provide to the person to whom the notice
was mailed at least 30 business days from the mailing of the notice to
inspect information collected by a traffic light signal violation monitoring
system in connection with the violation. Upon receipt of the
notice, the person to whom the notice was mailed
may elect to avoid any action by the operator of the traffic light
signal violation monitoring system to
enforce the violation in court by waiving his right to a court hearing,
pleading guilty to the violation, and paying a monetary penalty to the
locality.
If the person to whom the notice was mailed does not pay the monetary penalty within 45 business days from the mailing of the notice of violation, the operator of the traffic light signal violation monitoring system may proceed to enforce the violation in court, and a summons may be executed pursuant to § 19.2-76.2. Any summons mailed for a violation of this section shall be mailed to the addresses as described above and shall provide to the person summoned at least 20 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation.
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 or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation, the presumption in subsection D shall be rebutted. 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 violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation.
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. Any
summons executed for a violation of this section shall provide to the person summoned
at least 30 business days from the mailing of the summons to inspect
information collected by a traffic light signal violation monitoring system in
connection with the violation.
H. Information collected by a traffic light signal violation
monitoring system installed and operated pursuant to subsection A shall be
limited exclusively to that information that is necessary for the enforcement
of traffic light violations. On behalf of a locality, a private entity that
operates a traffic light signal violation monitoring system may enter into an
agreement with the Department of Motor Vehicles, in accordance with the
provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner
information regarding the registered owners of vehicles that fail to comply
with a traffic light signal. Information provided to the operator of a traffic
light signal violation monitoring system shall be protected in a database with
security comparable to that of the Department of Motor Vehicles' system, and
used only for enforcement against individuals who violate the provisions of
this section. Notwithstanding any other provision of law, all photographs,
microphotographs, electronic images, or other personal information collected by
a traffic light signal violation monitoring system shall be used exclusively
for enforcing traffic light violations and shall not (i) be open to the public;
(ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be
disclosed to any other entity except as may be necessary for the enforcement of
a traffic light violation or to a vehicle owner or operator as part of a
challenge to the violation; or (iv) be used in a court in a pending action or
proceeding unless the action or proceeding relates to a violation of §
46.2-833, 46.2-835, or 46.2-836 or 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. If a locality
does not execute a summons
notice of violation for a violation of
this section is not mailed within
10 business days, all information collected pertaining to that suspected
violation shall be purged within two business days. Any locality operating a
traffic light signal 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. Any
unauthorized use or disclosure of such personal information shall be grounds
for termination of the agreement between the Department of Motor Vehicles and
the private entity.
I. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by a locality may swear to or affirm the certificate required by subsection C. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed.
J. When selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable.
K. Before the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. No traffic light signal violation monitoring system shall be implemented or utilized for a traffic signal having a yellow signal phase length of less than three seconds. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings.
L. Any locality that uses a traffic light signal violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public.
M. Any locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation.
N. Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system.
O. Notwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal photo-monitoring system is owned, leased, or rented by a county, city, or town, then the county, city, or town may access and use the recorded images and associated information for employee disciplinary purposes.
§ 19.2-76.2. Mailing of summons in certain cases.
Notwithstanding the provisions of § 19.2-76, whenever a
summons for a violation of a county, city,
or town parking ordinance or an ordinance for a violation of a county, city, or
town ordinance enacted pursuant to § 15.2-968.1
is served in any county, city, or
town it may be executed by mailing by first-class mail a copy thereof to the
address of the owner of the vehicle as shown on the records of the Department
of Motor Vehicles. In addition, whenever a summons for a violation of a county,
city, or town trash ordinance
punishable as a misdemeanor under § 15.2-901 is served in any county, city, or town, it may be executed
by mailing a copy by first-class mail to the person who occupies the subject
premises. Further, whenever a
summons for a violation of a county, city, or
town ordinance enacted pursuant to § 15.2-968.1 is served in any county, city, or
town, it may be executed
by mailing by first-class mail a copy thereof to the address of the owner of
the vehicle as shown on the records of the Department of Motor Vehicles or 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.
If the person fail 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 of
this Code.
No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for his failure to appear on the return date of the summons.